Law on Plant Protection and Quarantine No. 41/2013/QH13

LAW

Protection and Quarantine of Plantsorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Law on Plant Protection and Quarantine.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates activities related to prevention and control of plant pests; plant quarantine; management of plant protection chemicals.

Article 2. Applicability

This Law applies to organizations and individuals within the country and foreign organizations and individuals involved in plant protection and quarantine activities in Vietnam.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Plants are trees and products of trees.

2. Plant Protection refers to activities aimed at preventing and controlling plant pests.

3. Plant Quarantine refers to activities aimed at preventing, detecting, and controlling regulated plant pests, regulated non-quarantine pests, and new plant pests.

4. Plant Owner refers to organizations and individuals having ownership rights, usage rights, or direct management over plants.

5. Beneficial organisms Beneficial Organisms

6. refer to organisms directly or indirectly beneficial to plants, including beneficial microorganisms, beneficial insects, animals, and other beneficial organisms. Plant Pests

7. refer to organisms causing direct or indirect damage to plants, including pathogenic microorganisms, harmful insects, weeds, and other harmful organisms. New Plant Pest

8. refers to a plant pest whose scientific name has not been identified and which has not previously been found in Vietnam. Regulated Plant Pest

9. refers to a plant pest posing a serious risk to plants, which either does not exist or exists but with limited distribution in Vietnam and must be strictly controlled. Regulated Non-Quarantine Pest

10. refers to a plant pest that is not a regulated plant pest but whose presence in propagation material poses a significant economic risk and must be controlled in Vietnam. Plant Quarantine Object

11. refers to plants, production, storage, transportation equipment, or other objects capable of carrying regulated plant pests. Plant Quarantine Object Owner

12. refers to organizations and individuals having ownership rights, usage rights, or direct transportation and management of plant quarantine objects. Pest Risk Analysis

13. refers to a biological, scientific, and economic evaluation process to determine phytosanitary measures for a specific plant pest species. Pest-Free Area

14. refers to an area where there is scientific evidence of the absence of a specific plant pest species and conditions ensuring its continued absence are maintained. Inspection of Plant Quarantine Objects

15. refers to the observation, sampling, and examination of plant quarantine objects to determine their infestation status or compliance with quarantine regulations. Treatment of Plant Quarantine Objects

16. refers to the application of measures to prevent or eliminate regulated plant pests, regulated non-quarantine pests, and new plant pests. Plant Protection Chemicals

17. refer to substances or mixtures of substances or microbial preparations with preventive, inhibitory, repellent, attractant, lethal, or control effects against plant pests; growth regulators for plants or insects; preservation of plants; enhancing safety and efficacy when using chemicals. Technical Plant Protection Chemicals

18. (hereinafter referred to as technical chemicals) are products with high active ingredient content, meeting quality standards, used for the production of finished chemicals. Active Ingredient of Plant Protection Chemicals

19. refers to the effective substance or component with biological activity in plant protection chemicals. Finished Plant Protection Chemicals

20. (hereinafter referred to as finished chemicals) are products produced from technical chemicals with solvents and additives according to a specified technological process, meeting national technical standards, bearing product labels, and permitted for circulation and use. Biological Plant Protection Chemicals

21. refer to products with active ingredients being living microorganisms or substances derived from microorganisms, plants, or animals. Production of Plant Protection Chemicals

22. includes the production of active ingredients, technical chemicals, finished chemicals, and packaging of plant protection chemicals. Pre-Harvest Interval

Article 4. Principles of Plant Protection and Quarantine Activities

1. Early detection, quick and accurate conclusion; thorough handling, timely prevention of the entry and spread of quarantine pests, regulated non-quarantine pests, and new pests.

2. Prevention and control of plant pests shall be carried out according to the principle of prioritizing prevention; applying integrated pest management measures sustainably, with priority given to biological methods, planting resistant crop varieties, agricultural practices, and good farming practices.

3. The use of plant protection products must follow the four correct principles including correct product, correct timing, correct dosage and concentration, and correct method; adhering to isolation periods; ensuring effectiveness, safety for people, food safety, minimizing environmental pollution, and protecting ecosystems.

4. Applying scientific and technological progress, combining modern science and technology with traditional experience of the people.

Article 5. State Policies on Plant Protection and Quarantine Activities

1. Investment in developing human resources; building and upgrading technical infrastructure for plant protection and quarantine agencies; establishing and developing information, forecasting, and warning systems for plant pests; conducting scientific research and applying modern technology to develop biological plant protection products, less harmful plant protection products, pest-resistant crop varieties, and sustainable pest management measures.

2. Supporting the establishment of pest-free zones; building and developing professional service organizations for plant protection tied to agricultural technical services to serve large-scale commercial agriculture; controlling outbreaks, stabilizing livelihoods, and restoring production after widespread pest damage causing significant losses.

3. Encouraging the construction of industrial zones for producing plant protection products, collection and treatment systems for used plant protection products, and recyclable packaging for plant protection products; producing and using packaging from easily recyclable materials; training and disseminating safe and effective use of plant protection products to users.

4. Promoting international cooperation, ensuring resources to fulfill international commitments in the field of plant protection and quarantine; encouraging mutual recognition in plant protection and quarantine activities.

Article 6. Information and Promotion on Plant Protection and Quarantine

1. Information and promotion on plant protection and quarantine aim to provide knowledge about plant pests, preventive and control measures, and policies and laws on plant protection and quarantine. The content of information and promotion on plant protection and quarantine must ensure accuracy, timeliness, and ease of understanding.

2. Information and promotion on plant protection and quarantine are conducted through the following forms:

a) Through the websites of ministries, ministerial-level agencies, government agencies, localities, and mass media;

b) Developing specialized publications, magazines, leaflets;

c) Organizing exhibitions, seminars, training sessions;

d) Organizing forums to widely consult on policies and laws, share information and experiences on plant protection and quarantine;

e) Other appropriate forms.

3. Responsibilities of state agencies for information and promotion on plant protection and quarantine are stipulated as follows:

a) The Ministry of Agriculture and Rural Development directs and provides accurate and timely information on plant protection and quarantine;

b) The Ministry of Information and Communications directs and guides the provision of information and promotion on plant protection and quarantine;

c) Ministries, ministerial-level agencies, government agencies, and People's Committees at all levels within their respective duties and authorities organize information and promotion on plant protection and quarantine.

4. Organizations and individuals engaged in information and promotion on plant protection and quarantine must comply with the provisions of this Law and other relevant laws.

Article 7. State management responsibilities of the Government and ministries

1. The Government shall uniformly manage state affairs on plant protection and quarantine throughout the country.

2. The Ministry of Agriculture and Rural Development shall be responsible before the Government for managing state affairs on plant protection and quarantine, including the following responsibilities:

a) Issuing policies, regulatory legal documents, standards, and technical regulations on plant protection and quarantine within its authority or submitting them to competent authorities for issuance and implementation;

b) Developing and directing the implementation of strategies, plans, and programs on plant protection and quarantine;

c) Implementing work related to the detection, forecasting, and warning of plant pests; establishing information systems and databases on plant protection and quarantine; directing prevention and control measures against outbreaks;

d) Implementing quarantine activities on plants, including risk analysis, import quarantine, temporary import for re-export, temporary export for re-import, transfer between ports, transfer to bonded warehouses (hereinafter collectively referred to as import), export, temporary export, re-export (hereinafter collectively referred to as export), transit, post-import quarantine, domestic quarantine, and handling objects subject to plant quarantine;

đ) Implementing management activities on plant protection chemicals, including registration, testing, production, trade, import, export, transportation, storage, advertising, packaging, labeling, use, recall, destruction, collection, and disposal of plant protection chemicals and their packaging after use;

e) Specifying guidance and training content on the use of plant protection chemicals and issuing Certificates of Practice for handling objects subject to plant quarantine;

g) Managing and guiding the issuance, renewal, extension, and revocation of permits and certificates in the field of plant protection and quarantine;

h) Organizing basic investigations, scientific research, and vocational training on plant protection and quarantine;

i) Organizing publicity, dissemination, and legal education on plant protection and quarantine knowledge;

k) Statistics on plant protection and quarantine;

l) International cooperation on plant protection and quarantine, proposing the signing and accession to international treaties in these fields;

m) Inspecting, supervising, resolving complaints and denunciations, and handling violations of laws on plant protection and quarantine within its authority;

3. Ministries shall implement state management on plant protection and quarantine within their respective duties and powers, including the following responsibilities:

a) The Ministry of Health shall cooperate with the Ministry of Agriculture and Rural Development to stipulate preventive and blocking measures against food safety incidents caused by the use of plant protection chemicals in agricultural product production;

b) The Ministry of Industry and Trade shall take the lead in combating smuggling, fake goods, and commercial fraud involving plant protection chemicals and plants subject to quarantine; coordinating with the Ministry of Agriculture and Rural Development in managing the production, business, export, and import of plant protection chemicals and objects subject to quarantine;

c) The Ministry of Science and Technology shall cooperate with the Ministry of Agriculture and Rural Development to develop and decide on scientific research and technological development in the field of plant protection and quarantine;

d) The Ministry of Natural Resources and Environment shall take the lead in guiding the destruction of chemicals and the disposal of packaging of plant protection chemicals after use; taking the lead in coordinating with the Ministry of Agriculture and Rural Development to issue or submit to competent authorities for issuance regulations on biodiversity conservation related to plant protection, quarantine, and chemical management; coordinating in guiding the collection of packaging of plant protection chemicals after use;

đ) The Ministry of Finance shall take the lead in coordinating with the Ministry of Agriculture and Rural Development to issue regulations on completing customs procedures, the cooperation between customs authorities and specialized agencies on plant protection and quarantine in implementing customs procedures, inspecting, and monitoring objects subject to quarantine and plant protection chemicals when exporting and importing; specifying contents of phytosanitary declaration in passenger departure and arrival declarations;

e) The Ministry of National Defense and the Ministry of Public Security shall take the lead in coordinating with the Ministry of Agriculture and Rural Development to issue regulations on plant protection and quarantine in cases of ensuring national defense and security.

Article 8. Responsibilities of People's Committees at all levels

1. The People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as the provincial People's Committee), the People's Committee of districts, towns, and provincial cities (hereinafter referred to collectively as the district-level People's Committee) shall have the following responsibilities:

a) Issuing regulations on plant protection and quarantine within their authority or submitting them for approval by competent authorities; developing and implementing plans for non-infested areas with harmful organisms within their jurisdiction;

b) Deciding on the allocation, management, and utilization of funds, mobilizing local resources in accordance with the law to prevent and control harmful plant organisms;

c) Directing and organizing disease control measures, implementing protective measures for production when plant pests occur; compiling statistics and assessing losses caused by diseases within their jurisdiction; implementing policies to stabilize livelihoods and restore production;

d) Organizing training and instruction on plant protection work, quarantine, and the use of plant protection chemicals; organizing publicity, dissemination, and education to enhance awareness of compliance with laws on plant protection and quarantine, the responsibility of plant owners in preventing and controlling harmful organisms, and the responsibility of chemical users towards the community and environment;

đ) The provincial People's Committee shall allocate funds and direct the district-level People's Committee to organize the collection and disposal of empty pesticide containers after use, and the destruction of unclaimed pesticides in the locality;

e) Inspecting, supervising, handling complaints and denunciations, and enforcing violations of laws on plant protection and quarantine within their authority.

2. The People's Committee of communes, wards, and towns (hereinafter referred to collectively as the commune-level People's Committee) shall have the following responsibilities:

a) Promoting, disseminating, and educating to raise awareness of compliance with laws on plant protection and quarantine, the responsibility of plant owners in preventing and controlling harmful organisms, and the responsibility of chemical users towards the community and environment;

b) Specifying collection points and organizing the collection of empty pesticide containers after use;

c) Cooperating with specialized agencies responsible for plant protection and quarantine within their jurisdiction to investigate, monitor, and manage plant pests to protect production; guiding residents on safe and effective pesticide use; inspecting and managing pest control services, pesticide sales, and use in the locality;

d) Organizing plant protection and quarantine work; directing disease control, compiling statistics and assessing losses caused by plant pests; implementing support policies for farmers during outbreaks to mitigate damage, stabilize livelihoods, and restore production;

đ) Inspecting, handling complaints and denunciations, and enforcing violations of laws on plant protection and quarantine within their authority.

Article 9. System of specialized agencies for plant protection and quarantine

The system of specialized agencies for plant protection and quarantine is organized from central to district level.

The Government shall stipulate the organization of the system of specialized agencies for plant protection and quarantine.

Article 10. Roles of political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations

Political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations shall participate in providing opinions on the development of regulatory legal documents concerning plant protection and quarantine; disseminate knowledge of laws on plant protection and quarantine to enhance public awareness in preventing and combating harmful organisms, plant quarantine, and the use of plant protection chemicals.

Article 11. International cooperation in plant protection and quarantine

1. International cooperation in plant protection and quarantine focuses on scientific research, technology transfer, technical training, sharing experiences, and exchanging information on preventing and combating harmful organisms, plant quarantine, and plant protection chemicals.

2. The central specialized agency for plant protection and quarantine shall be the focal point for exchanging information on plant protection, plant quarantine, and plant protection chemicals in international cooperation activities.

Article 12. Fees and charges related to plant protection and quarantine

Organizations and individuals engaged in plant protection and quarantine activities must pay fees and charges as prescribed by laws on fees and charges.

Article 13. Prohibited acts

1. Using plant protection and quarantine measures contrary to the provisions of this Law.

2. Not applying or intentionally applying incorrectly preventive measures against diseases.

3. Importing, producing, transporting, storing, trading in plants infected with harmful organisms or using seeds infected with harmful organisms listed in the List of Quarantine Objects and the List of Objects Subject to Control without prior treatment.

4. Spreading harmful organisms.

5. Bringing soil, importing harmful organisms into Vietnam, breeding harmful organisms, except where written consent has been obtained from the Minister of Agriculture and Rural Development.

6. Producing, importing, trading, using plant protection chemicals listed in the List of Plant Protection Chemicals Prohibited for Use in Vietnam; counterfeit plant protection chemicals, of unknown origin, past their expiration date; plant protection chemicals not included in the List of Plant Protection Chemicals Permitted for Use in Vietnam, except as provided for in Clause 2 of Article 67 of this Law.

7. Advertising plant protection chemicals listed in the List of Plant Protection Chemicals Prohibited for Use in Vietnam, plant protection chemicals not included in the List of Plant Protection Chemicals Permitted for Use in Vietnam, or advertising plant protection chemicals that do not correspond to the content recorded in the Registration Certificate for Plant Protection Chemicals.

8. Producing, trading, using, storing, transporting, disposing of, collecting, and treating plant protection chemicals and packaging materials thereof contrary to the provisions of this Law.

Chapter II

PREVENTION AND CONTROL OF PLANT HARMFUL ORGANISMS

Article 14. Requirements for Prevention and Control of Plant Harmful Organisms

1. Actively implement integrated pest management measures including the use of resistant crop varieties, field sanitation, crop scheduling, appropriate fertilizer application rates, and other environmentally friendly measures to facilitate crop growth and development, increase resistance, limit the occurrence and spread of harmful organisms, protect and promote beneficial organisms.

2. Regularly monitor and detect early signs, apply timely and effective preventive measures, and prevent the spread of harmful organisms; prioritize cultivation practices, biological, physical, mechanical methods, and traditional experience. Actively practice Good Agricultural Practices (GAP) in the prevention and control of plant harmful organisms.

3. Only use chemical measures when the density of harmful organisms continues to increase despite the implementation of measures stipulated in Clauses 1 and 2 of this Article, posing a risk to crop yield and quality.

4. Measures for the prevention and control of plant harmful organisms must be widely disseminated, trained, and promoted among the people, ensuring safety for humans, plants, animals, and the environment.

Article 15. Rights and Obligations of Plant Owners

1. The rights of plant owners include the following:

a) Receiving information from specialized agencies on plant protection and quarantine regarding pest situations and guidance on implementing measures to prevent and control pests, as well as maintaining pest-free conditions.

b) Participating in training programs to enhance knowledge on preventing and controlling pests suitable for local conditions.

c) Proactively applying appropriate measures to prevent and control pests in accordance with their capacity, conditions, and compliance with Article 14 of this Law.

d) Signing contracts with organizations or individuals providing plant protection services and being compensated for losses caused by service provider's fault in accordance with the law.

đ) Enjoying state support policies as prescribed.

2. The obligations of plant owners include the following:

a) Monitoring and promptly detecting pests and applying appropriate measures to effectively and safely prevent and control plant pests without allowing spread.

b) Reporting immediately to the People's Committee of the commune or nearest specialized agency on plant protection and quarantine upon discovering new pests or pests that pose a serious risk of damage.

c) Providing information on pest situations and cooperating and facilitating the work of specialized agencies on plant protection and quarantine when requested.

d) Strictly implementing disease control measures when there is a declaration of plant pest outbreaks.

đ) Using plant protection chemicals in accordance with Clause 2 of Article 72 of this Law.

e) Remedying consequences or compensating for damages in accordance with the law due to non-compliance or improper implementation of pest prevention and control measures.

Article 16. Responsibilities of Specialized Agencies on Plant Protection and Quarantine

1. Investigating and identifying pests; determining the time of occurrence, distribution range, and severity of pest damage. Promptly informing about pest situations and guiding measures to prevent and control plant pests.

2. Receiving, processing information, and guiding measures for handling pests reported by plant owners, organizations, or individuals.

3. Establishing and maintaining a monitoring and warning system for pests, preventive and control measures for plant pests; building databases on plant protection and quarantine.

4. Transferring scientific and technological advancements in preventing and controlling plant pests.

5. Training to enhance knowledge for plant protection officers, technicians, and producers.

6. Advising state management agencies on directing and organizing the prevention and control of plant pests; inspecting and verifying pest situations to propose declarations of pest outbreaks and cessation of pest outbreaks; proposing national reserves of plant protection chemicals, anti-pest support policies, and production recovery and development measures.

7. Evaluating and determining losses caused by plant pest outbreaks and proposing levels of support and remedial measures.

8. Informing and guiding measures to prevent and control plant pests; guiding disease control measures, monitoring, summarizing, and evaluating the effectiveness of disease control.

9. Periodically or urgently reporting plant protection work and disease control results in the locality to the direct supervising agency and higher-level specialized agencies on plant protection and quarantine when there is a declaration of a pest outbreak.

Article 17. Announcement of Plant Pests

1. Plant pests shall be announced in the following cases:

a) When plant pest organisms outbreak, posing a risk of rapid spread over a wide area, causing serious damage to plants;

b) When a new harmful organism is discovered, or a regulated object poses a risk of causing serious damage to plants;

c) When a quarantine plant pest object is found to have entered the territory of Vietnam, posing a risk of spreading.

2. The authority to announce plant pests is defined as follows:

a) The Chairman of the People's Committee of the province shall decide to announce the pest at the local level based on the proposal of the specialized agency under the provincial People's Committee when the situation described in point a, Clause 1 of this Article occurs, and report immediately to the Minister of Agriculture and Rural Development;

b) The Minister of Agriculture and Rural Development shall decide to announce the pest based on the proposal of the central specialized agency for plant protection and quarantine when the pest occurs and poses a risk of spreading, causing serious damage in two provinces or more, and in the situations described in points b and c, Clause 1 of this Article, and report immediately;

3. The Government shall provide detailed regulations on this Article.

Article 18. Organization of Pest Control

1. The Minister of Agriculture and Rural Development shall have the following responsibilities:

a) Direct the Chairman of the People's Committee of the province where the pest occurs to mobilize local resources quickly to implement measures to control and eradicate the pest, prevent its spread to other regions; inspect the announcement of the pest and organization of pest control by the Chairman of the People's Committee of the province where the pest occurs;

b) Propose the Prime Minister to decide on support for pest control and implement such support;

c) Report to the Prime Minister on the results of pest control and the implementation of support policies to mitigate the consequences caused by the pest, restore production, and stabilize livelihoods;

2. The Chairman of the People's Committee of the province shall have the following responsibilities:

a) Direct the specialized agencies for plant protection and quarantine, relevant agencies, organizations, and individuals in the province to implement measures to quickly control and eradicate the pest, prevent its spread to other regions;

b) Allocate and mobilize local resources to prevent and control the pest;

c) Direct the dissemination and promotion of pest control measures in the locality;

d) Strengthen inspection and supervision, stabilize agricultural input prices during pest control;

đ) Implement support policies for pest control, mitigate the consequences caused by the pest, stabilize livelihoods, and restore production;

e) Propose the Minister of Agriculture and Rural Development to request the Prime Minister to provide financial, material, and resource support when pest control exceeds the capacity of the locality;

g) Report to the Minister of Agriculture and Rural Development on the results of pest control and the implementation of support policies for pest control, mitigating the consequences caused by the pest, stabilizing livelihoods, and restoring production;

3. The Chairman of the People's Committee of the district and commune shall have the following responsibilities:

a) Mobilize local resources to implement pest control measures according to the directives of the superior People's Committee;

b) Organize the dissemination and promotion of pest control measures in the locality;

c) Implement support policies for pest control, mitigate the consequences caused by the pest, stabilize livelihoods, and restore production in the locality;

d) Propose the superior People's Committee to decide on providing financial, material, and resource support when pest control exceeds the capacity of the locality;

đ) Report to the superior People's Committee on the results of pest control and the implementation of support policies for pest control, mitigating the consequences caused by the pest, stabilizing livelihoods, and restoring production;

4. The specialized agencies for plant protection and quarantine within their scope of duties and powers shall advise on pest control measures, determine losses caused by the pest, monitor, compile, evaluate the effectiveness of pest control, and implement reporting procedures as stipulated in Clause 9, Article 16 of this Law;

5. The plant owner, organization, or individual related to the pest occurrence must comply with pest control measures as required by the Chairman of the Commune People's Committee.

Article 19. Announcement of the End of Plant Pests Epidemic

When plant pests have been controlled and no longer pose a serious threat of damage, the person authorized to declare the epidemic pursuant to Clause 2 of Article 17 of this Law shall decide to announce the end of the epidemic.

Article 20. Reserve and Use of Plant Protection Chemicals Listed in the National Reserve Inventory

1. The reserve of plant protection chemicals listed in the National Reserve Inventory shall be regulated as follows:

a) The Minister of Agriculture and Rural Development shall submit to the Prime Minister for decision on the quantity and list of national reserve plant protection chemicals;

b) Plant protection chemicals listed in the National Reserve Inventory shall be managed and used in accordance with the laws on national reserves.

2. The use of plant protection chemicals from the national reserve in combating epidemics shall be regulated as follows:

a) In cases of emergency when there is an epidemic and based on the request of the Chairman of the People's Committee of the province affected by the epidemic, the Minister of Agriculture and Rural Development shall decide to release and issue national reserve plant protection chemicals to promptly combat the epidemic, corresponding to the budget expenditure authority of the Minister of Finance stipulated in the State Budget Law, and report to the Ministry of Finance on the release and issuance of national reserve plant protection chemicals;

b) The Chairman of the People's Committee of the province shall direct the receipt, storage, and effective use of national reserve plant protection chemicals provided for prompt epidemic control, in accordance with their purpose, and report to the Minister of Agriculture and Rural Development on the results of using national reserve plant protection chemicals provided to the locality.

Article 21. Anti-Epidemic Plant Pest Funds

1. Sources of anti-epidemic plant pest funds include:

a) State budget;

b) Funds of the plant owner;

c) Contributions and sponsorships from domestic and foreign organizations and individuals, international organizations, and other lawful sources.

2. The Government shall regulate the mobilization, management, and use of anti-epidemic plant pest funds.

Article 22. Content of Plant Protection Services Activities

1. Investigation, forecasting, and providing information on harmful organisms affecting plants; advising the plant owner on measures to prevent and control harmful organisms affecting plants.

2. Implementing preventive and control measures against harmful organisms affecting plants, except those specified in Clause 2 of Article 34 of this Law.

Article 23. Conditions for Engaging in Plant Protection Services Activities

1. Organizations and individuals may engage in plant protection services activities if they meet the following conditions:

a) Individuals directly providing plant protection services must have at least a college degree in crop production, plant protection, biology, or possess a training certificate in plant protection;

b) Have appropriate equipment for plant protection services;

c) Have a clear and legal business address;

d) Obtain written approval from the People's Committee of the commune where the organization or individual has a legal business address.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 24. Rights and Obligations of Organizations and Individuals Engaging in Plant Protection Services Activities

1. Organizations and individuals engaging in plant protection services activities have the following rights:

a) To be paid for the costs of implementing plant protection services according to contracts signed with the plant owner;

b) To participate in training programs to enhance knowledge about preventing and controlling harmful organisms affecting plants, suitable to the specific conditions of the locality;

c) To participate in information and communication programs about preventing and controlling harmful organisms affecting plants;

d) To appeal decisions and conclusions of inspection agencies and competent state management agencies in accordance with the law on appeals.

2. Organizations and individuals engaging in plant protection services activities have the following obligations:

a) To maintain the conditions for engaging in plant protection services activities as stipulated in Article 23 of this Law during their operations;

b) To comply with the laws on plant protection and quarantine;

c) To abide by the laws on contracts and labor and other obligations;

d) To compensate for damages in accordance with the law.

Chapter III

PLANT EPIDEMIC CONTROL

Article 25. Provisions on plant quarantine

1. Plant quarantine shall be conducted for objects subject to plant quarantine upon importation, exportation, transit, and domestic plant quarantine in accordance with this Law, except where exempted from plant quarantine in accordance with regulations of the Minister of Agriculture and Rural Development.

2. In each period, the Minister of Agriculture and Rural Development shall issue the following lists:

a) List of objects subject to plant quarantine;

b) List of objects subject to plant quarantine that must undergo pest risk analysis before importation into Vietnam;

c) List of plant quarantine subjects;

d) List of objects requiring control.

Article 26. Requirements for objects subject to plant quarantine upon importation

1. Objects listed in the List of objects subject to plant quarantine when imported must meet the following requirements:

a) Possess a Plant Quarantine Certificate issued by the authorized plant quarantine agency of the exporting country;

b) Not contain harmful organisms listed in points c and d, Clause 2, Article 25 of this Law or unknown harmful organisms;

c) Packaging materials of objects subject to plant quarantine upon importation must be treated in accordance with Vietnam's national technical standards.

2. Objects listed in the List of objects subject to plant quarantine that must undergo pest risk analysis before importation into Vietnam, which are permitted to be imported in accordance with Clause 4, Article 27 of this Law, must meet the following requirements:

a) Possess an Import Plant Quarantine Permit issued by the central specialized agency for plant protection and quarantine in Vietnam;

b) Meet the requirements stipulated in Clause 1 of this Article.

Article 27. Pest Risk Analysis

1. Objects listed in the List of objects subject to plant quarantine that must undergo pest risk analysis before importation into Vietnam must undergo pest risk analysis.

2. The central specialized agency for plant protection and quarantine in Vietnam has the responsibility to organize the implementation of pest risk analysis based on information provided by the authorized plant quarantine agency of the exporting country and other available sources of information.

3. Based on the results of the pest risk analysis, the central specialized agency for plant protection and quarantine in Vietnam shall permit or not permit the importation of objects subject to plant quarantine and notify in writing the authorized plant quarantine agency of the exporting country and relevant organizations and individuals.

4. The Minister of Agriculture and Rural Development shall specify the information required to be provided for pest risk analysis; procedures and contents of pest risk analysis.

Article 28. Documents, Procedures, and Formalities for Issuing Import Plant Quarantine Permits

1. The application documents for issuing an Import Plant Quarantine Permit include:

a) Application form for issuing an Import Plant Quarantine Permit;

b) Commercial contract;

c) Copy of the Business Registration Certificate of the organization or individual.

2. The procedures and formalities for issuing an Import Plant Quarantine Permit are as follows:

a) Organizations and individuals submit the application documents for issuing an Import Plant Quarantine Permit to the central specialized agency for plant protection and quarantine;

b) Within fifteen days from the date of receipt of complete and valid documents, the central specialized agency for plant protection and quarantine shall examine and issue the Import Plant Quarantine Permit; if it does not issue the permit, it must provide a written response stating the reasons.

Article 29. Plant Quarantine for Imported Goods

1. When importing goods subject to plant quarantine, the owner of such goods must go through the plant quarantine procedures. The location for conducting plant quarantine shall be the first port of entry or the place from which the goods are brought into Vietnam; in special cases, it may be conducted at another location with appropriate isolation conditions as decided by the central specialized agency responsible for plant protection and quarantine.

2. For goods that pose a high risk of carrying Vietnamese plant quarantine pests, the Minister of Agriculture and Rural Development shall specify the import ports.

3. Goods subject to plant quarantine carried as hand luggage or checked baggage must be declared and inspected according to the regulations stipulated by the Minister of Agriculture and Rural Development.

4. Goods subject to plant quarantine may only be cleared for import after completing all required plant quarantine procedures.

5. The procedures and formalities for plant quarantine shall be implemented in accordance with Article 33 of this Law.

Article 30. Post-Import Plant Quarantine

1. Seedlings not included in the list of seedlings permitted for production and trade in Vietnam under the laws on seedlings and beneficial organisms used for plant protection when imported must comply with the provisions of Article 26 of this Law and undergo post-import plant quarantine in a quarantine zone.

2. Seedlings as specified in Clause 1 of this Article may only be planted outside the quarantine zone after being concluded by the specialized agency responsible for plant protection and quarantine that they are free from harmful organisms listed in point c and point d of Clause 2 of Article 25 of this Law or unknown harmful organisms.

3. Beneficial organisms may only be bred and used after being concluded by the specialized agency responsible for plant protection and quarantine that they meet the requirements of post-import plant quarantine following quarantine in a quarantine zone.

4. The Minister of Agriculture and Rural Development shall specify in detail the quantity of seedlings and beneficial organisms allowed to be imported under this Article; the conditions of the quarantine zone; the procedures, formalities, and contents of plant quarantine in the quarantine zone.

Article 31. Plant Quarantine for Exported Goods

1. Goods in the list of goods subject to plant quarantine when exported must be quarantined and issued a Plant Quarantine Certificate.

2. The central specialized agency responsible for plant protection and quarantine shall conduct quarantine and issue a Plant Quarantine Certificate in accordance with Vietnamese law and the requirements of the importing country.

3. The procedures and formalities for plant quarantine for exported goods shall be implemented in accordance with Article 33 of this Law. In cases where quarantine has been conducted at the place of production, origin, or storage deep within the territory, the owner of goods subject to plant quarantine must present the Plant Quarantine Certificate at the final port of exit for export.

Article 32. Plant Quarantine for Transit Goods

1. Goods subject to plant quarantine when transiting through Vietnam must be approved by the central specialized agency responsible for plant protection and quarantine and quarantined at the first port of entry where the goods enter Vietnam.

2. The procedures and formalities for plant quarantine for transit goods shall be implemented in accordance with Article 33 of this Law.

Article 33. Procedures and formalities for plant quarantine of imported, exported, and transiting goods and issuance of Plant Quarantine Certificates

1. Plant quarantine registration shall be conducted as follows:

a) Organizations and individuals must register and submit documents to the central specialized agency for plant protection and quarantine before importing or transiting goods subject to plant quarantine.

b) Organizations and individuals must register and submit documents to the nearest specialized agency for plant protection and quarantine before exporting goods subject to plant quarantine.

2. The procedures for plant quarantine of goods subject to plant quarantine and issuance of Plant Quarantine Certificates shall be as follows:

a) Within one working day from the date of receiving complete and valid documents, the specialized agency for plant protection and quarantine shall decide and notify the owner of the goods subject to plant quarantine about the location and time of quarantine.

b) Within twenty-four hours from the start of quarantine, if the requirements for plant quarantine are met, the specialized agency for plant protection and quarantine shall issue a Plant Quarantine Certificate.

In cases where the quarantine process exceeds twenty-four hours due to technical requirements or where a Plant Quarantine Certificate cannot be issued, the specialized agency for plant protection and quarantine shall notify or respond in writing and provide reasons to the owner of the goods subject to plant quarantine.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 34. Handling of Goods Subject to Plant Quarantine upon Importation, Exportation, and Transiting

1. Goods subject to plant quarantine must be handled in the following situations:

a) Goods infected with plant quarantine pests of Vietnam, regulated pests, or unknown harmful organisms; goods with a high risk of carrying plant quarantine pests of Vietnam.

b) Goods that need to be treated to meet the plant quarantine requirements of the importing country.

c) Ownerless goods or goods of unknown origin.

2. Handling measures include fumigation, heat treatment, hot water treatment, irradiation, re-export, destruction, suspension of export, suspension of import, prohibition of export, prohibition of import, and other measures.

3. The central specialized agency for plant protection and quarantine shall decide to apply appropriate handling measures as stipulated in Clause 2 of this Article, except for those specified in Article 35 of this Law.

4. The costs of handling goods subject to plant quarantine as stipulated in Points a and b of Clause 1 of this Article shall be borne by the owner of the goods; the costs of handling goods as stipulated in Point c of Clause 1 of this Article shall be covered by the state budget.

5. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 35. Suspension of Exportation and Importation; Prohibition of Exportation and Importation of Goods Subject to Plant Quarantine

1. Goods subject to plant quarantine shall be suspended from exportation and importation or prohibited from exportation and importation in the following circumstances:

a) Imported goods are determined to have a high risk of carrying invasive plant quarantine pests that could spread and threaten domestic agricultural production, national food security, and significantly impact Vietnam's exports.

b) Exported goods fail to meet the plant quarantine requirements of the importing country and pose a risk of losing Vietnam's export market.

2. When the risks stipulated in Clause 1 of this Article are mitigated, the goods may continue to be exported or imported.

3. The Government shall provide detailed regulations on this Article.

Article 36. Practice of Plant Quarantine Treatment

1. The treatment of plant quarantine objects must be carried out by organizations holding a Certificate for the practice of plant quarantine treatment.

2. The practice of plant quarantine treatment includes:

a) Fumigation disinfection;

b) Heat treatment;

c) Hot water treatment;

d) Irradiation;

đ) Other technical activities.

Article 37. Conditions for Issuing a Certificate for the Practice of Plant Quarantine Treatment

Organizations to be issued a Certificate for the practice of plant quarantine treatment must meet the following conditions:

1. Material and technical conditions include:

a) Having a location for treating plant quarantine objects, workshops, warehouses for equipment and means suitable for the scale of practice;

b) Having complete equipment and technical procedures;

c) Meeting fire prevention and firefighting, environmental protection conditions according to the provisions of the law.

2. Human resource conditions include:

a) The person directly managing and directing the organization practicing plant quarantine treatment must have appropriate academic qualifications at university level or above; ensuring health according to regulations;

b) The person directly implementing the treatment of plant quarantine objects must be trained, their professional level and skills must be checked by the central specialized agency for plant protection and quarantine, and a practice certificate must be issued; ensuring health according to regulations.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 38. Documents, Procedures, and Authority for Issuing a Certificate for the Practice of Plant Quarantine Treatment

1. The application documents for issuing a Certificate for the practice of plant quarantine treatment include:

a) An application form for issuing a Certificate for the practice of plant quarantine treatment;

b) Copy of Business Registration Certificate;

c) A description of material and technical conditions, human resources ensuring the conditions for the practice of plant quarantine treatment as stipulated in Article 37 of this Law;

d) Certificates of professional qualifications, health certificates according to the provisions of Article 37 of this Law;

đ) Documents proving compliance with fire prevention and firefighting, environmental protection conditions according to the provisions of the law.

2. The procedure for issuing a Certificate for the practice of plant quarantine treatment is as follows:

a) Organizations wishing to engage in the practice of plant quarantine treatment submit the application documents for issuing a Certificate for the practice of plant quarantine treatment to the central specialized agency for plant protection and quarantine;

b) Within 15 days from the date of receiving complete valid documents, the central specialized agency for plant protection and quarantine will inspect the actual conditions of the organization's practice; if the conditions are met, they issue a Certificate for the practice of plant quarantine treatment; in cases where it is not issued, they must respond in writing and specify the reasons.

Article 39. Documents, Procedures, and Process for Reissuing a Certificate for the Practice of Plant Quarantine Treatment

1. A Certificate for the practice of plant quarantine treatment may be reissued in the following cases:

a) Lost, erroneous, damaged;

b) Changes in scope, scale of practice or related information about the registered organization;

c) Expiry according to the provisions of Article 40 of this Law.

2. Application documents for reissuing a Certificate for the practice of plant quarantine treatment include:

a) An application form for reissuing a Certificate for the practice of plant quarantine treatment;

b) The previously issued Certificate for the practice of plant quarantine treatment, except in cases of loss;

c) Certificates of professional qualifications of managers and directors, training certificates for handling plant quarantine objects or practice cards of those directly involved in handling according to the provisions of Article 37 of this Law;

d) Health certificates of managers and directors and those directly involved in handling plant quarantine objects;

đ) Technical procedure documents; lists of means and equipment for practice at the time of application;

e) Documents proving compliance with fire prevention and firefighting, environmental protection conditions according to the provisions of the law.

3. The procedure for reissuing a Certificate for the practice of plant quarantine treatment shall be implemented according to the provisions of Clause 2, Article 38 of this Law.

Article 40. Validity of the Certificate for Handling Plant Quarantine Objects

1. The Certificate for Handling Plant Quarantine Objects is valid for a period of five years.

2. Prior to three months from the expiry date of the Certificate for Handling Plant Quarantine Objects, the handling organization must submit an application to the competent authority issuing the certificate if it wishes to continue its operations.

Article 41. Revocation of the Certificate for Handling Plant Quarantine Objects

1. The Certificate for Handling Plant Quarantine Objects shall be revoked in the following cases:

a) If the content is erased or altered;

b) If the handling organization violates the law and is administratively sanctioned three times within a year or consecutively three times for the same violation in the field of plant protection and quarantine;

c) If the handling organization commits other violations as prescribed by law that require the revocation of the Certificate for Handling Plant Quarantine Objects.

2. The central specialized agency for plant protection and quarantine has the authority to revoke the Certificate for Handling Plant Quarantine Objects.

Article 42. Rights and Obligations of the Handling Organization for Plant Quarantine Objects

1. The handling organization for Plant Quarantine Objects has the following rights:

a) To conclude and perform contracts with the owner of Plant Quarantine Objects in accordance with the law;

b) To issue certificates for Plant Quarantine Objects that have been processed;

c) To propose technical measures for processing Plant Quarantine Objects to the specialized agency for plant protection and quarantine;

d) To appeal the conclusions and decisions of inspection agencies and competent state management authorities.

2. The handling organization for Plant Quarantine Objects has the following obligations:

a) To only engage in handling activities when authorized by the competent authority to issue the Certificate for Handling Plant Quarantine Objects and to maintain the conditions stipulated in Article 37 of this Law during its operation;

b) To only provide handling services for Plant Quarantine Objects in accordance with the provisions of the Certificate for Handling Plant Quarantine Objects;

c) To carry out processing as directed and under the supervision of the specialized agency for plant protection and quarantine when processing objects infected with quarantine pests, regulated non-quarantine pests, or new harmful organisms;

d) To ensure that the quality of Plant Quarantine Objects being processed and public health are not adversely affected;

đ) To be responsible for the results of processing Plant Quarantine Objects;

e) To comply with laws on contracts, labor laws, and other obligations;

g) To report annually on the handling activities of Plant Quarantine Objects to the competent authority issuing the Certificate for Handling Plant Quarantine Objects.

Article 43. Domestic Plant Quarantine

1. The owner of Plant Quarantine Objects must declare to the nearest local specialized agency for plant protection and quarantine when transporting such objects from an infested area to another region, in order to undergo quarantine and obtain a Plant Quarantine Certificate.

2. Plant Quarantine Objects that have been treated and put into use must be monitored and supervised locally.

3. Agricultural products, forest products stored in warehouses, imported plant seeds, and newly introduced plant varieties must be monitored for pest situations.

4. Beneficial organisms imported during their use must be observed, evaluated, and any adverse impacts they cause must be promptly identified and addressed.

5. Non-infested areas must be regularly monitored to maintain their conditions.

6. The Minister of Agriculture and Rural Development shall provide detailed regulations for this Article.

Article 44. Responsibilities of specialized agencies for plant protection and quarantine in plant quarantine activities

1. Import and export plant quarantine.

2. Domestic plant quarantine.

3. Post-import quarantine of plants at quarantine isolation zones.

4. Supervise objects subject to import and export plant quarantine, transit, and transfer to bonded warehouses.

5. Decide on measures to be taken; supervise and confirm the implementation of measures for objects subject to import and export plant quarantine.

6. Manage activities related to the treatment of objects subject to plant quarantine.

7. Develop and guide the implementation of plant quarantine measures.

8. Organize the treatment of ownerless or origin-unknown objects subject to plant quarantine from foreign countries entering Vietnam.

9. Designate organizations engaged in the treatment of objects subject to plant quarantine to handle cases where objects are infected with quarantine pests, regulated non-quarantine pests, or exotic harmful organisms, requiring the owners to implement and bear the costs.

10. Coordinate with competent authorities of exporting countries for plant quarantine to carry out quarantine in the exporting country or meet the quarantine requirements stipulated by the importing country in Vietnam.

11. Provide information on plant quarantine to relevant countries when requested.

Article 45. Duties and powers of plant quarantine officials

1. Implement plant quarantine according to this Law; strictly comply with plant quarantine procedures and be responsible for performing their duties and powers.

2. Require owners of objects subject to plant quarantine to provide relevant files, documents, means, and necessary human resources for quarantine.

3. Guide and supervise the implementation of measures for treating objects subject to plant quarantine.

4. Conduct inspections and sampling during the quarantine process as prescribed.

5. In places involving national defense secrets, security, and other special cases, conditions must be provided to perform plant quarantine tasks while ensuring confidentiality requirements.

Article 46. Uniform regulations for plant quarantine officials

1. When performing plant quarantine tasks, plant quarantine officials must wear uniforms, insignia, badges, and plant quarantine official cards.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 47. Rights and obligations of owners of objects subject to plant quarantine

1. Owners of objects subject to plant quarantine have the following rights:

a) To be provided with information on plant quarantine;

b) To be guided by specialized agencies for plant protection and quarantine in identifying harmful organisms and measures to treat objects infected with harmful organisms;

c) To request specialized agencies for plant protection and quarantine to provide information to the importing country regarding objects requiring pest risk analysis;

d) To appeal against the results of plant quarantine and decisions made by specialized agencies for plant protection and quarantine.

2. Owners of objects subject to plant quarantine have the following obligations:

a) To comply with requests from plant quarantine officials when performing official duties such as opening and closing transport vehicles, warehouses, packages, arranging personnel and means for inspection and sampling; to be responsible for preserving objects subject to plant quarantine during the quarantine process and guiding plant quarantine officials to the location of objects subject to plant quarantine for quarantine;

b) To provide necessary information for quarantine when requested by specialized agencies for plant protection and quarantine;

c) To monitor and inspect imported objects subject to plant quarantine during transportation, storage, and use. Upon discovering or suspecting that objects subject to plant quarantine are infected with quarantine pests, regulated non-quarantine pests, or exotic harmful organisms, they must immediately report to specialized agencies for plant protection and quarantine or the People's Committee of the nearest commune;

d) To properly and promptly implement the treatment of objects subject to plant quarantine according to decisions and guidance from specialized agencies for plant protection and quarantine;

đ) To fully implement the measures specified in the Plant Quarantine Certificate when transporting, storing, and using objects subject to plant quarantine;

e) Fulfill other obligations as prescribed by law.

Chapter IV

MANAGEMENT OF PLANT PROTECTION CHEMICALS

Section 1

MANAGEMENT OF PESTICIDES AND REGISTRATION OF PLANT PROTECTION PRODUCTS

Article 48. General Provisions on the Management of Pesticides

1. Pesticides are goods subject to conditional business operations and must be managed according to a list.

2. Annually, the Minister of Agriculture and Rural Development shall issue the List of pesticides permitted for use in Vietnam and the List of pesticides prohibited from use in Vietnam.

3. Organizations and individuals are allowed to import, produce, trade, and use pesticides included in the List of pesticides permitted for use in Vietnam.

4. Organizations and individuals importing pesticides under the import permit prescribed in Clause 2, Article 67 of this Law shall only use them for the purposes stated in the permit.

Article 49. Pesticides Not Registered or Removed from the List of Pesticides Permitted for Use in Vietnam

1. Pesticides not registered in the List of pesticides permitted for use in Vietnam include:

a) Pesticides listed in the List of pesticides prohibited from use in Vietnam;

b) Pesticides posing a high risk of adverse effects on human health, livestock, ecosystems, and the environment;

c) Finished products or active ingredients in finished products classified as acute toxicity Category I or II according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), except biological pesticides, fumigant pesticides for sterilization, rodenticides; termiticides for damage to construction works, dykes; wood preservatives where the wood is not used as food or medicinal herbs;

d) Pesticides with identical brand names to other pesticides already listed in the List of pesticides permitted for use in Vietnam;

đ) Pesticides containing methyl bromide as an active ingredient.

2. Pesticides removed from the List of pesticides permitted for use in Vietnam in the following cases:

a) Scientific evidence shows that pesticides have adverse effects on human health, livestock, ecosystems, and the environment;

b) Pesticides are ineffective against harmful organisms;

c) Pesticides of organizations and individuals voluntarily withdrawing their registration from the List of pesticides permitted for use in Vietnam.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 50. Organizations and Individuals Entitled to Register Pesticides in Vietnam

1. Domestic organizations and individuals producing active ingredients, technical pesticides, or finished products from technical pesticides.

2. Foreign organizations and individuals producing active ingredients, technical pesticides, or finished products from technical pesticides having representative offices, companies, or branches engaged in pesticide trading and permitted to operate in Vietnam.

3. Domestic and foreign organizations and individuals meeting the production and trading conditions for pesticides stipulated in Articles 61 and 63 of this Law, authorized by those specified in Clauses 1 and 2 of this Article.

Article 51. Documents, Procedures, and Formalities for Issuing the Registration Certificate for Pesticides

1. The application documents for issuing the Registration Certificate for Pesticides include:

a) Application form for the Registration Certificate for Pesticides;

b) Copy of the Permit for Pesticide Field Trials;

c) Label sample of the pesticide;

d) Results of pesticide field trials in Vietnam.

2. The procedures and formalities for issuing the Registration Certificate for Pesticides are as follows:

a) Organizations and individuals submit the application documents for the Registration Certificate for Pesticides to the central plant protection and quarantine agency;

b) Within six months from the date of receipt of complete and valid documents, the central plant protection and quarantine agency shall organize an assessment, report to the Minister of Agriculture and Rural Development for inclusion in the List of pesticides permitted for use in Vietnam; issue the Registration Certificate for Pesticides; if not issued, provide a written response stating the reasons.

3. The Registration Certificate for Pesticides is valid for five years and may be renewed.

Article 52. Documents, Procedures, and Formalities for Extending the Plant Protection Product Registration Certificate

1. Three months prior to the expiration date of the Plant Protection Product Registration Certificate, if organizations or individuals wish to extend it, they must submit the application documents.

2. The application documents for extending the Plant Protection Product Registration Certificate include:

a) An application form for extending the Plant Protection Product Registration Certificate;

b) The Plant Protection Product Registration Certificate that has been issued;

c) The label of the plant protection product applying for extension of the Plant Protection Product Registration Certificate.

3. The procedures and formalities for extending the Plant Protection Product Registration Certificate are as follows:

a) Organizations or individuals submit the application documents for extending the Plant Protection Product Registration Certificate to the central specialized agency responsible for plant protection and quarantine;

b) Within fifteen days from the date of receiving complete and valid documents, the central specialized agency responsible for plant protection and quarantine extends the Plant Protection Product Registration Certificate; in cases where it does not extend, it must respond in writing and specify the reasons.

4. The extended Plant Protection Product Registration Certificate is valid for a period of five years.

Article 53. Documents, Procedures, and Formalities for Reissuing the Plant Protection Product Registration Certificate

1. The Plant Protection Product Registration Certificate is reissued in the following circumstances:

a) Lost, erroneous, damaged;

b) There is a change in the trade name of the product or related information about the registering organization or individual.

2. The application documents for reissuing the Plant Protection Product Registration Certificate include:

a) An application form for reissuing the Plant Protection Product Registration Certificate;

b) Documentation confirming the changed content;

c) The Plant Protection Product Registration Certificate that has been issued, except in cases where it is lost.

3. The procedures and formalities for reissuing the Plant Protection Product Registration Certificate are as follows:

a) In the case provided for in point a of Clause 1 of this Article, it shall be carried out according to the provisions of Clause 3 of Article 52 of this Law;

b) In the case provided for in point b of Clause 1 of this Article, it shall be carried out according to the provisions of Clause 2 of Article 51 of this Law.

Article 54. Revocation of the Plant Protection Product Registration Certificate

1. The Plant Protection Product Registration Certificate will be revoked in the following situations:

a) If the content is erased or altered;

b) Discovery of false documents or inaccurate information in the registration dossier;

c) Organizations or individuals have committed violations as prescribed by law requiring the revocation of the Plant Protection Product Registration Certificate;

d) There is a decision to remove that type of drug from the List of Plant Protection Products Permitted for Use in Vietnam.

2. The central specialized agency responsible for plant protection and quarantine has the authority to revoke the Plant Protection Product Registration Certificate.

Section 2

TESTING OF PLANT PROTECTION PRODUCTS

Article 55. Testing of Plant Protection Products

1. Testing of plant protection products must be conducted on all plant protection products before their registration in the List of Plant Protection Products Permitted for Use in Vietnam; for biological plant protection products, reduced testing requirements may be considered.

2. Testing of plant protection products can only be conducted after obtaining a Plant Protection Product Testing Permit from the central specialized agency responsible for plant protection and quarantine, and must be carried out by organizations meeting the testing conditions stipulated in Article 59 of this Law.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 56. Documents, Procedures, and Formalities for Issuing a Plant Protection Product Field Trial Permit

1. The application documents for requesting a Plant Protection Product Field Trial Permit include:

a) An application form for requesting a Plant Protection Product Field Trial Permit;

b) Documents proving compliance with the requirements stipulated in Article 50 of this Law;

c) Technical documentation of the plant protection product.

2. The procedures and formalities for issuing a Plant Protection Product Field Trial Permit are as follows:

a) Organizations and individuals submit the application documents for requesting a Plant Protection Product Field Trial Permit to the central specialized agency responsible for plant protection and quarantine;

b) Within thirty days from the date of receiving complete and valid application documents, the central specialized agency responsible for plant protection and quarantine issues the Plant Protection Product Field Trial Permit; if it does not issue the permit, it must provide a written response stating the reasons.

3. A Plant Protection Product Field Trial Permit is valid for a period of five years.

Article 57. Reissuing a Plant Protection Product Field Trial Permit

1. A Plant Protection Product Field Trial Permit may be reissued in cases where the permit is lost, contains errors, is damaged, or there is a change in the trade name or information of the organization or individual registering for the field trial of the plant protection product.

2. The application documents for reissuing a Plant Protection Product Field Trial Permit include:

a) An application form for reissuing a Plant Protection Product Field Trial Permit;

b) The previously issued Plant Protection Product Field Trial Permit, except in cases of loss.

3. The procedures and formalities for reissuing a Plant Protection Product Field Trial Permit are as follows:

a) Organizations and individuals submit the application documents for reissuing a Plant Protection Product Field Trial Permit to the central specialized agency responsible for plant protection and quarantine;

b) Within ten days from the date of receiving complete and valid application documents, the central specialized agency responsible for plant protection and quarantine reissues the Plant Protection Product Field Trial Permit; if it does not reissue the permit, it must provide a written response stating the reasons.

Article 58. Revocation of a Plant Protection Product Field Trial Permit

1. A Plant Protection Product Field Trial Permit shall be revoked in the following cases:

a) If the content is erased or altered;

b) Discovery of false documents or inaccurate information in the application documents for requesting a Plant Protection Product Field Trial Permit;

c) The plant protection product poses a risk of adversely affecting human health, animals, plants, ecosystems, and the environment according to regulations set forth by the Minister of Agriculture and Rural Development.

2. The central specialized agency responsible for plant protection and quarantine has the authority to revoke a Plant Protection Product Field Trial Permit.

Article 59. Conditions for Organizations Conducting Field Trials of Plant Protection Products

1. Organizations conducting field trials of plant protection products must meet the following conditions:

a) The head of the organization must have a bachelor's degree or higher in plant protection, crop production, biology, chemistry, and hold a training certificate for field trials of plant protection products;

b) Staff members must have appropriate professional qualifications and have been trained in field trials of plant protection products;

c) They must have facilities and technical equipment ensuring the conduct of field trials of plant protection products;

d) They must not directly register or be authorized to register plant protection products in Vietnam under their own names.

2. The Minister of Agriculture and Rural Development shall prescribe the procedures and formalities for recognizing and announcing the list of organizations meeting the conditions to conduct field trials of plant protection products.

Article 60. Rights and Obligations of Organizations Conducting Pesticide Testing

1. The organization conducting pesticide testing shall have the following rights:

a) To be provided with information related to pesticide testing;

b) To charge fees for pesticide testing in accordance with regulations;

c) To lodge complaints against decisions of competent authorities.

2. The organization conducting pesticide testing shall have the following obligations:

a) To conduct pesticide testing objectively and accurately;

b) To comply strictly with technical standards, procedures, and testing requirements;

c) To bear legal responsibility for the results of testing;

d) To retain all raw data from testing for a minimum of five years from the date of completion of the test;

đ) To be subject to supervision and inspection of testing activities by competent authorities;

e) To compensate for damages in accordance with the provisions of the law.

Section 3

PRODUCTION, SALE, IMPORT, EXPORT, TRANSPORTATION, STORAGE, ADVERTISING, PACKAGING, LABELING AND USE OF PESTICIDES

Article 61. Conditions for Pesticide Production Facilities

1. The conditions regarding infrastructure and technology are stipulated as follows:

a) The production facility must have a location, factory buildings, and warehouses that ensure sufficient area and safe distances from people, animals, and the environment in accordance with regulations, suitable for the scale of production;

b) Machinery, equipment, and production processes must be appropriate for the type of pesticides being produced;

c) There must be a system for treating waste that ensures compliance with national technical standards and environmental protection regulations;

d) There must be adequate equipment to check the quality of pesticides produced. In cases where such equipment is not available, there must be a quality control contract with designated organizations for each batch of products before they are released.

2. The conditions regarding human resources are stipulated as follows:

a) Personnel directly managing and overseeing pesticide production must hold a bachelor's degree or higher in chemistry, plant protection, or biology;

b) Workers directly involved in pesticide production must receive training and professional development appropriate to their roles.

3. The Minister of Agriculture and Rural Development shall issue national technical standards and detailed regulations on the conditions for pesticide production facilities.

Article 62. Rights and Obligations of Pesticide Production Facilities

1. Pesticide production facilities shall have the following rights:

a) To produce pesticides listed in the approved pesticide directory for use in Vietnam;

b) To import pesticides for production or re-export under contracts signed with foreign countries;

c) To provide information and advertise pesticides in accordance with Article 70 of this Law and advertising laws;

d) Other rights as prescribed by this Law and other relevant laws.

2. Pesticide production facilities shall have the following obligations:

a) To produce pesticides in compliance with national technical standards and self-declared base standards;

b) To employ workers directly involved in pesticide production who are healthy, trained, and educated in occupational safety and professional skills;

c) To be responsible for the quality of pesticides and only allow release and circulation of those meeting quality standards;

d) To provide necessary documentation for inspections by competent authorities as required by law;

đ) To compensate for damages caused by the fault of the production facility in accordance with the law;

e) Upon discovering non-compliant pesticides, the production facility must implement recall procedures as stipulated in Clause 2, Article 73 of this Law;

g) The owner of the pesticide production facility must organize training and guidance on the use of pesticides and prevention of accidents caused by them; provide professional training for workers directly involved in pesticide production;

h) To comply with fire prevention and control, chemical, labor, and environmental protection laws;

i) To comply with environmental protection tax laws and other relevant laws.

Article 63. Conditions for Trading in Plant Protection Chemicals

1. Organizations and individuals trading in plant protection chemicals must ensure the following conditions:

a) Having a legal location that meets the required area and safe distance from people, livestock, and the environment as prescribed;

b) Having a warehouse for plant protection chemicals that complies with regulations and appropriate equipment to store and handle plant protection chemicals in case of incidents;

c) The owner of the trading facility and the person directly selling plant protection chemicals must have a college degree or higher in plant protection, agriculture, biology, chemistry, or a certificate of specialized training in plant protection chemicals.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.

Article 64. Rights and Obligations of Organizations and Individuals Trading in Plant Protection Chemicals

1. Organizations and individuals trading in plant protection chemicals have the following rights:

a) To trade finished plant protection chemicals listed in the approved list of plant protection chemicals for use in Vietnam;

b) To be provided information and guidance related to plant protection chemicals;

c) The owner of the trading facility and the person directly trading plant protection chemicals may participate in training on safe use, storage, transportation, and prevention of incidents caused by plant protection chemicals.

2. Organizations and individuals trading in plant protection chemicals have the following obligations:

a) To comply with legal regulations governing the management of plant protection chemicals;

b) To only employ persons directly selling plant protection chemicals who are healthy and have been trained in their specialty;

c) To display prices and maintain records of purchases and sales of plant protection chemicals;

d) To provide usage instructions for plant protection chemicals to buyers according to the label content;

đ) When discovering incidents causing leakage or dispersion of plant protection chemicals that pose risks to human health, livestock, ecological environments, the trading facility must immediately apply remedial measures and report to the People's Committee of the commune where the incident occurred for supervision and implementation of warning and preventive measures;

e) To sell plant protection chemicals for fumigation disinfection purposes only to individuals holding a practice license for quarantine treatment of plants or organizations holding a certificate of practice for quarantine treatment of plants;

g) To provide information related to the trading of plant protection chemicals to competent authorities when requested;

h) To compensate for damages caused by the fault of the trading facility for plant protection chemicals in accordance with legal provisions;

i) Upon discovering that the plant protection chemicals sold by the trading facility do not meet regulatory requirements, the trading facility has the responsibility to notify the direct agent or production facility that supplied the chemicals to recall all such chemicals from the market and participate in the recall process;

k) To comply with legal regulations on fire prevention and control, chemicals, environment, labor;

l) To implement legal regulations on environmental protection tax and other relevant legal provisions.

Article 65. Documents, Procedures, Authorities for Issuing and Revoking Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals

1. The application documents for issuing Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals include:

a) An application form for a Certificate of Eligibility for Producing and Trading in Plant Protection Chemicals;

b) Copy of Business Registration Certificate;

c) A description of the physical and technical facilities, personnel, and specialized qualifications ensuring the conditions for producing and trading in plant protection chemicals as stipulated in Articles 61 and 63 of this Law;

d) Certificates of specialized qualifications and certificates of training and knowledge enhancement regarding plant protection chemicals for the owner of the facility and the person directly involved in producing and trading in plant protection chemicals as stipulated in Articles 61 and 63 of this Law;

đ) Health certificates for the owner of the facility and the person directly involved in producing and trading in plant protection chemicals;

e) Documentation proving compliance with legal regulations on fire prevention and control, and environmental protection.

2. The procedures for issuing Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals are as follows:

a) Organizations and individuals producing and trading in plant protection chemicals submit applications for Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals to the specialized agency responsible for plant protection and quarantine as specified in Clause 4 of this Article;

b) From the date of receipt of complete and valid application documents, the specialized agency responsible for plant protection and quarantine will inspect the actual conditions of production and trading at the production and trading facilities; if the conditions are met, they must issue the Certificate of Eligibility for Producing and Trading in Plant Protection Chemicals within 15 days; in cases where the certificate is not issued, a written response must be given with clear reasons stated.

3. Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals shall be revoked in the following circumstances:

a) If the content is erased or altered;

b) Organizations and individuals violating the law and being administratively punished three times in one year or three consecutive times for the same violation in the field of plant protection and quarantine;

c) Organizations and individuals engaging in other violations as prescribed by law that require revocation of the certificate.

4. The authority to issue and revoke Certificates of Eligibility for Producing and Trading in Plant Protection Chemicals is as follows:

a) The central specialized agency responsible for plant protection and quarantine issues and revokes Certificates of Eligibility for Producing Plant Protection Chemicals;

b) The local specialized agency responsible for plant protection and quarantine issues and revokes Certificates of Eligibility for Trading in Plant Protection Chemicals.

Article 66. Validity Period of the Certificate of Eligibility for the Production of Plant Protection Products and the Certificate of Eligibility for the Trade in Plant Protection Products

Clause 1. The Certificate of Eligibility for the Production of Plant Protection Products and the Certificate of Eligibility for the Trade in Plant Protection Products shall be valid for a period of five years.

Clause 2. Three months prior to the expiry date of the Certificate of Eligibility for the Production of Plant Protection Products and the Certificate of Eligibility for the Trade in Plant Protection Products, organizations and individuals who wish to continue producing or trading in plant protection products must submit an application for reissuance of the certificate. The procedures and requirements for reissuance shall be carried out as prescribed in Clause 1 and Clause 2 of Article 65 of this Law.

Article 67. Importing and Exporting Plant Protection Products

Clause 1. Organizations and individuals listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam may import such products or authorize other organizations and individuals to import them without requiring an import permit, except as provided in Clause 2 of this Article.

Clause 2. Organizations and individuals must have an import permit when importing the following types of plant protection products:

Point a. Plant protection products not included in the Catalogue of Plant Protection Products Permitted for Use in Vietnam for temporary importation and re-exportation or importation for production in Vietnam with the purpose of export under contracts signed with foreign countries;

Point b. Plant protection products containing methyl bromide active ingredients and other active ingredients classified as acute toxicity Category I or II according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for fumigation purposes;

Point c. Plant protection products not included in the Catalogue of Plant Protection Products Permitted for Use in Vietnam imported for testing purposes with the aim of registering plant protection products;

Point d. Plant protection products not included in the Catalogue of Plant Protection Products Permitted for Use in Vietnam imported for trial, research purposes; used in projects of foreign countries in Vietnam; samples of plant protection products, products for exhibitions, trade fairs, and used in certain special cases as decided by the Minister of Agriculture and Rural Development;

Point e. Plant protection products listed in the Catalogue of Prohibited Plant Protection Products in Vietnam but imported for standardization purposes.

Clause 3. Plant protection products imported as specified in Clause 1 and Point b of Clause 2 of this Article must be inspected by the central plant quarantine authority regarding their quality upon importation and can only be imported if they meet the requirements stipulated by law.

Clause 4. The application dossier for the Import Permit for Plant Protection Products includes:

Point a. Application form for the Import Permit for Plant Protection Products;

Point b. Certified copy of the business registration certificate of the organization or individual applying for the Import Permit for Plant Protection Products in cases specified in Points a, b, and c of Clause 2 of this Article;

Point c. Documents proving compliance with the conditions set forth in Clause 2 of this Article.

Clause 5. The procedures and requirements for issuing the Import Permit for Plant Protection Products are as follows:

Point a. Organizations and individuals submit the application dossier for the Import Permit for Plant Protection Products to the central plant quarantine authority;

Point b. Within five working days from the date of receipt of a complete and valid dossier, the central plant quarantine authority will consider and issue the Import Permit for Plant Protection Products; in case of refusal, a written response with reasons must be provided.

Clause 6. Organizations and individuals permitted to produce and trade in plant protection products may export finished products and technical products in accordance with Vietnamese laws on commerce and the laws of the importing country.

Article 68. Transport of Plant Protection Products

1. The transport of plant protection products must comply with the regulations on the transport of dangerous goods under the laws on road traffic, inland waterway traffic, railway, aviation, maritime, other relevant laws, and international treaties to which Vietnam is a party.

In cases where only biological plant protection products are transported, it is not mandatory to comply with the regulations on the transport of dangerous goods but must comply with relevant laws and international treaties to which Vietnam is a party.

2. In case of accidents causing leakage or dispersion of plant protection products during transportation, the driver, consignor, and owner of the means of transport shall be responsible for applying necessary measures to limit consequences, rectify the accident, and report to the People's Committee of the commune where the accident occurred for continued monitoring and implementing warning and preventive measures.

Article 69. Storage of Plant Protection Products

1. The storage of plant protection products must comply with the storage instructions provided by the manufacturer on the label and packaging; ensuring safety for people, animals, and the environment.

2. The warehouse storing plant protection products must ensure safe distances from schools, hospitals, concentrated residential areas; meet technical requirements for storage; have warnings; have appropriate equipment and means to handle emergencies according to the hazardous characteristics of plant protection products; comply with fire prevention and firefighting, chemical, labor protection, and environmental protection laws.

3. Special warehouses for storing biological plant protection products are not required to comply with the provisions of Clause 2 of this Article but must ensure that they do not cause environmental pollution.

4. In cases where plant protection products leak or disperse, posing a risk of harm to people, animals, the environment, the entity or individual storing the products shall immediately apply necessary measures to limit consequences, rectify the accident, and report to the People's Committee of the commune where the accident occurred to receive support for rectification and supervision, preventing adverse consequences; the entity or individual whose stored plant protection products have leaked or dispersed must bear all costs for rectifying the accident and compensating for losses caused by the accident.

5. The Minister of Agriculture and Rural Development shall issue national technical standards and detailed regulations on the conditions for warehouses storing plant protection products.

Article 70. Advertising of Plant Protection Products

1. Only types of products listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam may be advertised.

2. The content of advertisements must be consistent with the information recorded in the Registration Certificate for Plant Protection Products, conform to technical guidance from specialized agencies for plant protection and quarantine within the region, and include warnings about the level of danger, toxicity, and preventive measures against the harmful effects of plant protection products.

3. The advertising of plant protection products must comply with the laws on advertising.

Article 71. Packaging and Labeling of Plant Protection Products

1. The packaging of plant protection products must meet the following requirements:

a) Materials must be durable, resistant to corrosion, destruction, leakage, or dispersion of the product contained inside;

b) Not affect the quality of the plant protection product;

c) Comply with national technical standards for packaging of plant protection products or base standards announced by the plant protection product manufacturing facility;

d) Not pose a danger to people, animals, and the environment.

2. Plant protection products circulating in the market must have labels meeting the following requirements:

a) In Vietnamese language;

b) Contain complete information guiding users to safely use the product;

c) Comply with the laws on product labeling and the guidelines of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS);

d) The label of plant protection products must be consistent with the registered label model with the central specialized agency for plant protection and quarantine.

3. The Minister of Agriculture and Rural Development shall stipulate the specifications, materials, inspection, and testing of packaging for plant protection products and provide specific guidance on labeling plant protection products.

Article 72. Rights and Obligations of Organizations and Individuals Using Plant Protection Products

1. Organizations and individuals using plant protection products have the following rights:

a) To be provided with information and guidance on the safe and effective use of plant protection products;

b) To request retail establishments to provide guidance on the use of plant protection products in accordance with the contents specified on the product label;

c) To be compensated for losses caused by the fault of plant protection product trading establishments in accordance with the provisions of the law.

2. Organizations and individuals using plant protection products have the following obligations:

a) To comply with the four correct principles of plant protection product use as stipulated in Clause 3, Article 4 of this Law; to follow the instructions provided on the product label;

b) To only use plant protection products listed in the permitted plant protection product catalog in Vietnam;

c) When an incident occurs or if they discover that the use of plant protection products has negative consequences for humans and the environment, the user must take necessary measures to limit the consequences and immediately report to the People's Committee of the commune where the incident occurred to address the aftermath;

d) To properly store and collect empty packaging of plant protection products after use in designated locations;

đ) Individuals using plant protection products for steam disinfection must hold a training certificate as prescribed by the Minister of Agriculture and Rural Development;

e) To compensate for losses caused by the improper use of plant protection products.

Section 4

RECOVERY, DESTRUCTION, COLLECTION AND DISPOSAL OF EMPTY PACKAGING OF USED PLANT PROTECTION PRODUCTS

Article 73. Recovery of Plant Protection Products from the Market and Handling of Recovered Plant Protection Products

1. Plant protection products must be recovered in the following cases:

a) Not meeting national technical standards and regulations;

b) Expiry date has passed;

c) The label or packaging of plant protection products contains errors or does not comply with regulations.

2. Upon discovering plant protection products that need to be recovered, production and import establishments must promptly inform the public media about the batch of products to be recovered and take responsibility for recovering all such products.

In cases where production and import establishments do not voluntarily recover the products, the competent authority shall issue a decision to compulsorily recover them.

3. Measures for handling recovered plant protection products include:

a) Re-exporting;

b) Recycling;

c) Correcting labeling and packaging errors;

d) Destruction.

The Minister of Agriculture and Rural Development shall specify this provision.

4. Authority to handle recovered plant protection products is as follows:

a) Local specialized agencies for plant protection and quarantine shall decide on the measures and deadlines for handling recovered plant protection products; inspect the recovery and disposal of products by trading establishments within their jurisdiction; and handle violations related to the recovery of plant protection products by trading establishments within their jurisdiction according to regulations;

b) Central specialized agencies for plant protection and quarantine shall decide on the measures and deadlines for handling recovered plant protection products; inspect the recovery and disposal of products by production establishments; and handle violations related to the recovery of plant protection products by trading establishments when the recovery involves multiple provinces or centrally-administered cities.

5. Production and import establishments with recovered plant protection products must bear all costs associated with recovery and disposal.

Article 74. Destruction of Plant Protection Products

1. The types of plant protection products that must be destroyed include:

a) Prohibited plant protection products in Vietnam not listed in the Catalogue of Permitted Plant Protection Products in Vietnam, except for cases specified in points a, c, and d of Clause 2, Article 67 of this Law;

b) Counterfeit plant protection chemicals;

c) Expired plant protection products that cannot be recycled;

d) Plant protection products that do not meet national technical standards as prescribed and cannot be recycled or re-exported;

đ) Ownerless plant protection products, products of unknown origin.

2. Organizations and individuals possessing plant protection products that must be destroyed shall carry out the destruction in accordance with the management regulations on hazardous waste under environmental protection laws and bear all costs.

3. In the case of ownerless plant protection products, the People's Committee of the province shall direct the destruction and allocate funds.

Article 75. Collection and Treatment of Used Packaging of Plant Protection Products

1. The collection and treatment of used packaging of plant protection products must comply with the provisions of this Law and the management regulations on hazardous waste under environmental protection laws.

2. The budget for collecting and treating used packaging of plant protection products within the administrative area shall be allocated by the People's Committee of the province from the local budget.

3. The Ministry of Agriculture and Rural Development shall take the lead in coordinating with the Ministry of Natural Resources and Environment to prescribe the collection of used packaging of plant protection products.

4. The Ministry of Natural Resources and Environment shall prescribe the treatment of used packaging of plant protection products.

Chapter V

IMPLEMENTING PROVISIONS

Article 76. Effective Date

1. This Law takes effect from January 1, 2015.

The Plant Quarantine Ordinance No. 36/2001/PL-UBTVQH10 dated August 8, 2001 ceases to be effective from the date this Law takes effect.

2. Licenses and certificates related to plant protection and quarantine issued before the effective date of this Law and still within their validity period shall remain valid until their expiration.

Article 77. Detailed Provisions

The Government shall provide detailed regulations for the Articles and Clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, sixth session, on November 25, 2013./.