Circular No. 41/2000/TT-BNN/KH guiding the export and import of goods under the specialized management of agriculture according to Decision No. 242/1999/QĐ-TTg dated December 30, 1999 of the Prime Minister on the management of export and import of goods in 2000.

CIRCULAR

Guidelines for the export and import of goods subject to specialized agricultural management

pursuant to Decision 242/1999/QĐ-TTg dated December 30, 1999 of the Prime Minister on the management of exports and imports of goods in 2000

In accordance with Article 9 of Decision No. 242/1999/QĐ-TTg dated December 30, 1999 of the Prime Minister on the management of exports and imports of goods in 2000.

After reaching an agreement with the Ministry of Trade.

The Ministry of Agriculture and Rural Development provides guidelines for the export and import of goods subject to specialized agricultural management as follows:

1. This Circular applies to the activities of exporting and importing goods subject to specialized agricultural management, including:

- Veterinary drugs, raw materials for veterinary drug production, and biological products used in veterinary medicine;

I. GENERAL PROVISIONS:

- Pesticides and raw materials for pesticide production;

- Wild animals and forest plants;

- Feed and raw materials for feed production;

- Plant and animal seeds;

- Germplasm of plants, animals, and microorganisms for scientific and technical exchange purposes.

- Chemicals for caring for plant and animal seeds;

2. Imported goods must meet quality standards established by the State. For goods that have not yet been issued quality standards, inspections shall be conducted based on the registration of the importer and must be approved in writing by the Ministry of Agriculture and Rural Development before importation.

3. Goods subject to animal quarantine and plant quarantine shall comply with current regulations of the Ordinance on Animal Health and the Ordinance on Plant Protection and Quarantine of Vietnam.

4. Organizations and individuals who have registered export and import codes and business registration for relevant industries for commercial and scientific and technical purposes, referred to as export-import units, are responsible for the accuracy of the data declared when importing, exporting, managing, and using goods subject to specialized agricultural management according to current government regulations.

Exporting and importing goods subject to specialized agricultural management shall be carried out in accordance with the following provisions:

A. Veterinary drugs, raw materials for veterinary drug production, and biological products used in veterinary medicine

II. SPECIFIC PROVISIONS:

1. For types of veterinary drugs listed in the Catalogue of Veterinary Drugs Permitted for Production, Export, Import, Circulation, and Use in Vietnam in 2000 as stipulated in Decision No. 19/2000/QĐ-BNN/TY dated March 3, 2000 of the Minister of Agriculture and Rural Development (excluding vaccines), export-import units may export and import according to their production and business needs. Export and import procedures shall be handled at the customs checkpoint.

2. When exporting and importing veterinary drugs, raw materials for veterinary drug production, and biological products used in veterinary medicine, written approval from the Ministry of Agriculture and Rural Development is required for the following items:

a/ Raw materials and drugs not listed in the Catalogue of Veterinary Drugs and Raw Materials Permitted for Production, Export, Import, Circulation, and Use in Vietnam.

b/ Vaccines;

c/ Antigens and antiserums used for animal disease diagnosis;

d/ Microorganisms used in veterinary medicine;

đ/ Samples of veterinary drugs used for product introduction and testing and inspection procedures in Vietnam;

e/ Raw materials for veterinary drugs that are pre-anesthetic substances;

g/ Disease specimens used for disease diagnosis, exchange of veterinary drug samples in scientific and technical cooperation programs.

B. Pesticides and raw materials for pesticide production

1. For types of pesticides listed in the Catalogue of Pesticides Permitted for Use in Vietnam as stipulated in Decision No. 33/2000/QĐ-BNN-BVTV dated April 3, 2000 of the Minister of Agriculture and Rural Development, export-import units may export and import according to their production and business needs. Export and import procedures shall be handled at the customs checkpoint.

2. It is prohibited to import pesticides listed in the Catalogue of Pesticides Prohibited for Use in Vietnam as stipulated in Decision No. 33/2000/QĐ-BNN-BVTV dated April 3, 2000 of the Minister of Agriculture and Rural Development.

3. Written approval from the Ministry of Agriculture and Rural Development is required for the importation of the following types of pesticides and raw materials for pesticide production:

a/ Pesticides listed in the Catalogue of Pesticides Restricted for Use in Vietnam as stipulated in Decision No. 33/2000/QĐ-BNN-BVTV dated April 3, 2000 of the Minister of Agriculture and Rural Development;

b/ Pesticides and raw materials for pesticide production not listed in the Catalogue of Pesticides Permitted for Use or Restricted for Use in Vietnam;

c/ Pesticides and raw materials for pesticide production used for product introduction, testing, and trials in Vietnam;

d/ Insects and microorganisms in the field of plant protection.

C. Wild animals and forest plants

1. Commercial export of the following types of wild animals and forest plants is prohibited:

1.1 Rare and precious wild animals and forest plants specified in Decree 18/HĐBT dated January 17, 1992 of the Council of Ministers (now the Government).

1.2 Common wild animals harvested directly from nature as stipulated in Directive No. 359/TTg dated May 29, 1996 of the Prime Minister.

1.3 Wild animals and plants listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

1.4 Wild animals that are natural enemies of rodents as stipulated in Directive No. 09/1998/CT-TTg dated February 18, 1998 of the Prime Minister.

1.5 Agarwood oil (wind oil) and eaglewood oil as stipulated in Decision No. 45/1999/QĐ-BNN-KL dated March 2, 1999 of the Minister of Agriculture and Rural Development.

2. Wild animals and forest plants may be exported under the following conditions:

2.1 For rare and precious wild animals and forest plants specified in point 1.1, export for scientific research or international cooperation, products from the F2 generation bred in breeding farms shall be carried out in accordance with Circular No. 04/NN/KL-TT dated February 5, 1996 of the Ministry of Agriculture and Rural Development.

2. Wild animals and forest plants may be exported under the following conditions:

2.1. For rare forest animals and plants specified in point 1.1 for export purposes for scientific research or international cooperation, products from the F2 generation bred and developed at breeding facilities shall be carried out in accordance with Circular No. 04/NN/KL-TT dated February 5, 1996, of the Ministry of Agriculture and Rural Development.

2.2 For wild animal species listed in Clause 1.2 that are bred, raised, or developed at farms, confirmation from the local Forest Protection Service must be obtained, including snakes and other reptiles with origins from breeding and reproduction at farms or households. CITES Vietnam will issue export permits based on this confirmation.

2.3 For wild animal and plant species listed in Clause 1.3, products from the F2 generation onwards, which are bred and reproduced at farms, shall be exported under the following conditions:

a/ The farm must be recognized by CITES International;

b/ There must be a quota allocated by CITES International;

c/ CITES Vietnam will process the issuance of export permits based on these conditions.

3. Export of wild aquatic animals and plants: shall be carried out according to the guidelines of the Ministry of Fisheries.

4. Import of wild animals and forest plants: Prior to importing the types of wild animals and forest plants listed in Clauses 1.1 and 1.3, written opinions from the Ministry of Agriculture and Rural Development must be obtained.

D. Feed and raw materials for feed production

1. For goods in the List of Feed and Raw Materials for Feed Production imported into Vietnam in 2000 as stipulated in Decision No. 35/2000/QĐ-BNN-KNKL dated April 5, 2000 of the Minister of Agriculture and Rural Development, the exporting and importing units may export and import according to their production and business needs. Export and import procedures shall be handled at the customs checkpoint.

2. When importing types not listed in the List of Feed and Raw Materials for Feed Production imported into Vietnam in 2000, written opinions from the Ministry of Agriculture and Rural Development must be obtained.

3. Additional conditions for import: Raw materials for feed derived from genetically modified plants must be indicated on labels, packaging, and containers.

Đ. Fertilizers

1. For fertilizers listed in the Catalogue for Use and Circulation in Vietnam as stipulated in Decision No. 123/1998/QĐ-BNN-KHCN dated August 25, 1998, Decision No. 219/1998/QĐ-BNN-KHCN dated December 30, 1998 regarding the addition of fertilizer types to the Catalogue of Fertilizer Types for Use and Circulation in Vietnam, and Decision No. 12/2000/QĐ-BNN-KHCN dated February 15, 2000 regarding the addition of fertilizer types to the Catalogue of Fertilizer Types for Use and Circulation in Vietnam, the import shall be carried out according to Decision No. 237/1999/QĐ-TTg dated December 24, 1999 and Circular No. 192/CV-KTTH dated February 29, 2000 of the Prime Minister.

2. For fertilizers that have not undergone testing when imported, written opinions from the Ministry of Agriculture and Rural Development must be obtained.

E. Plant and Animal Breeds

All exports and imports of plant and animal breeds must obtain written opinions from the Ministry of Agriculture and Rural Development before processing export and import procedures at the customs checkpoint.

G. Plant, Animal, and Microbial Genetic Resources for Scientific and Technical Exchange Purposes

All plants, animals, and microorganisms serving as genetic resources for research and testing purposes for scientific and technical exchange when being exported or imported must obtain written opinions from the Ministry of Agriculture and Rural Development.

III. RECEIVING AND PROCESSING APPLICATIONS

1. Exporting and importing units wishing to export or import shall submit applications to the Ministry of Agriculture and Rural Development for consideration and resolution. Applications should be sent to the following addresses:

a) Point 2 (Clause A, Section II): send to the Department of Animal Health - Phuong Mai Ward, Dong Da District, Hanoi; Telephone: 8696788, Fax: 8691311 or the Department's representative office in Ho Chi Minh City - 521 Hoang Van Thu Street, Tan Binh District, Ho Chi Minh City; Telephone: 8444024, Fax: 8569050.

b) Point 3 (Clause B, Section II): send to the Department of Plant Protection - 149 Ho Duc Di Street, Dong Da District, Hanoi; Telephone: 8574663, Fax: 5530043 or the Department's representative office in Ho Chi Minh City - 28 Mac Dinh Chi Street, District 1, Ho Chi Minh City; Telephone: 8221413, Fax: 8244187.

c) Points 2 and 4 (Clause C, Section II): send to the Forest Protection Department - 2 Ngoc Ha Street, Ba Dinh District, Hanoi; Telephone: 7335674, Fax: 7335685.

d) Clause E (Section II), Points 2 and 3 (Clause D, Section II): send to the Department of Agricultural Extension and Forest Protection - 2 Ngoc Ha Street, Ba Dinh District, Hanoi; Telephone: 8432955, Fax: 8433811.

e) Clause G (Section II), Point 2 (Clause Đ, Section II): send to the Department of Science and Technology and Product Quality - 2 Ngoc Ha Street, Ba Dinh District, Hanoi; Telephone: 8237534, Fax: 8433637.

2. Exporting and importing units should contact the above agencies for detailed guidance on registration procedures for each type of export and import commodity.

3. Within seven days from the date of receipt of valid applications, the Ministry of Agriculture and Rural Development will provide a written response.

IV. IMPLEMENTATION

We request all Ministries, ministerial-level agencies, government-affiliated agencies, People's Committees of provinces and centrally-administered cities to notify the contents of this Circular to enterprises under their management for implementation. Any issues arising during implementation should be reported to the Ministry of Agriculture and Rural Development for timely revision and supplementation.

This Circular replaces previous guiding documents on export and import for agricultural commodities under specialized agricultural management. From April 1, 2000, consignments of goods falling within the scope mentioned above shall be implemented according to this Circular.