Circular No. 43/2018/TT-BNNPTNT stipulates certain contents regarding the export and import of plant seeds, animal breeds, plant genetic resources; the import of plant protection chemicals; and the import of objects listed in the Plant Quarantine Object List that require pest risk analysis before importation into Vietnam.

CIRCULAR

Prescribing certain contents concerning export and import of plant seeds, livestock breeds, plant genetic resources; import of plant protection chemicals and import of objects listed in the Plant Quarantine Object List that require risk analysis before importation into Vietnam

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

1. List of products changing information related to trade name and information related to organizations and individuals registering, Appendix I issued together with this Circular:

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Seed Law dated March 24, 2004;

Pursuant to the Livestock Breed Law dated March 24, 2004;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

At the proposal of the Director of the Department of Processing and Market Development for Agricultural Products;

The Minister of Agriculture and Rural Development issues this Circular prescribing certain contents concerning export and import of plant seeds, livestock breeds, plant genetic resources; import of plant protection chemicals and import of objects listed in the Plant Quarantine Object List that require risk analysis before importation into Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

1. Documents, time limits, and agencies issuing export and import permits for certain goods under the management of the Ministry of Agriculture and Rural Development, including:

a) Export of agricultural plant seeds listed in the Prohibited Export Plant Seed List for scientific research, international cooperation, exhibitions, fairs, gifts;

b) Import of agricultural plant seeds not listed in the Permitted Production and Trade Plant Seed List for research, trial cultivation, pilot production, international cooperation, exhibition samples, gifts, or to implement investment programs and projects (except for cases where agricultural plant seeds not listed in the Permitted Production and Trade Plant Seed List have been recognized by the Ministry of Agriculture and Rural Development as new agricultural plant seeds);

c) Import of forestry plant seeds not listed in the Permitted Production and Trade Forestry Plant Seed List for research, trial cultivation, experimental production planting, ornamental trees, shade trees, international cooperation, exhibition samples, gifts, or to implement investment programs and projects (except for cases where forestry plant seeds not listed in the Permitted Production and Trade Forestry Plant Seed List have been recognized by the Ministry of Agriculture and Rural Development as new forestry plant seeds);

d) Export of livestock breeds listed in the Prohibited Export Livestock Breed List for scientific research and other special purposes;

đ) Import of semen and embryos of livestock breeds into Vietnam for the first time; import of livestock breeds not listed in the Permitted Production and Trade Livestock Breed List for trial cultivation, research, and other special purposes (except for cases where livestock breeds not listed in the Permitted Production and Trade Livestock Breed List have been recognized by the specialized management agency of the Ministry of Agriculture and Rural Development based on trial results);

e) Import of plant protection chemicals as prescribed in Appendix III issued together with Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade;

g) Import of objects listed in the Plant Quarantine Object List that require risk analysis before importation into Vietnam as prescribed in Appendix III issued together with Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Management of Foreign Trade.

2. Export and import of plant genetic resources for research and scientific and technical exchange.

3. Export of forestry plant seeds.

Article 2. Applicability

This Circular applies to traders, organizations, and individuals involved in export and import activities of goods under the management of the Ministry of Agriculture and Rural Development as stipulated in Article 1 of this Circular.

Chapter II
SPECIFIC PROVISIONS

1. Components of the dossier for requesting an export permit for agricultural plant seeds:

a) A request for an export permit according to Model No. 01/TT Appendix I issued together with this Circular;

b) A technical declaration form according to Model No. 02/TT Appendix I issued together with this Circular;

c) A copy of the Enterprise Registration Certificate or Business Registration Certificate (in cases where registration is required) or Investment Registration Certificate (for foreign-invested enterprises); identity card or citizen identification card or passport (for individuals);

d) In cases of exporting for research and international cooperation, an additional copy of the cooperation agreement in a foreign language accompanied by a certified translation into Vietnamese by a translation agency must be provided;

đ) In cases of exporting for trade fairs or exhibitions, an additional copy of the confirmation letter or invitation letter for participation in trade fairs or exhibitions in a foreign language accompanied by a certified translation into Vietnamese by a translation agency must be provided;

e) In cases of exporting as gifts, an additional copy of the certificate between both parties in a foreign language accompanied by a certified translation into Vietnamese by a translation agency must be provided;

2. Components of the dossier for requesting an import permit for agricultural plant seeds:

a) A request for an import permit according to Model No. 03/TT Appendix I issued together with this Circular;

b) A technical declaration form according to Model No. 04/TT Appendix I issued together with this Circular (to be submitted only for the first import);

c) A copy of the Enterprise Registration Certificate or Business Registration Certificate (in cases where registration is required) or Investment Registration Certificate (for foreign-invested enterprises); identity card or citizen identification card or passport (for individuals);

d) In cases of importing seeds for the second time or more for testing and trial production, a report on the results of previous imports, testing, and trial production must be submitted;

đ) In cases of importing for research, testing, and international cooperation, an additional copy of the cooperation agreement in a foreign language accompanied by a certified translation into Vietnamese by a translation agency must be provided;

e) In cases of importing for trade fairs or exhibitions, a confirmation letter or invitation letter for participation in trade fairs or exhibitions in Vietnam must be provided;

g) In cases of importing as gifts, an additional copy of the confirmation letter between both parties in a foreign language accompanied by a certified translation into Vietnamese by a translation agency must be provided;

h) In cases of importing for implementation of investment programs or projects, the dossier must include a copy (with the original for verification) or a certified copy of the approval or consent document for the investment program or project by the competent state agency or the enterprise's approved project according to the law;

i) In cases of importing seeds for construction road projects, a certified copy of the Free Sale Certificate (FSC) issued by the competent authority of the exporting country or a certified copy of one of the following documents: Seed Recognition Certificate; Confirmation that the seed does not fall within the list of prohibited uses of the exporting country; Other certificates with similar content accompanied by a certified translation into Vietnamese or research and testing results in Vietnam showing that the seed is safe for the environment must be provided;

2. Time limit for processing:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within five working days from the date of receipt of a complete and compliant dossier, the competent authority shall issue an export or import permit according to Model No. 05/TT Appendix I issued together with this Circular. If the permit is denied, the receiving authority must provide a written response stating the reasons;

3. The validity period of the export permit and import permit shall not exceed twelve months from the date of issuance;

4. Implementing body:

- Receiving location and result delivery: Single Window Unit - Office of the Crop Production Department;

- Website: www.cuctrongtrot.gov.vn;

- Address: Room A6A, No. 02 Ngoc Ha, Ba Dinh, Hanoi;

- Telephone: 024.3823.4651 Fax: 024.3734.4967;

- Email: [email protected]

Article 4. Provisions on the export and import of forestry plant seeds

1. For forestry plant seeds listed in the Catalogue of Endangered, Precious, and Rare Forest Flora and Fauna, Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the export shall be carried out in accordance with the Government's regulations on managing endangered forest flora and fauna and implementing the CITES Convention.

2. The components of the application dossier for importing forestry plant seeds:

a) A request for importing forestry plant seeds according to Form No. 01/LN attached as Appendix II to this Circular;

b) The pedigree of the forestry plant seeds proposed for import according to Form No. 02/LN attached as Appendix II to this Circular;

c) Relevant documents such as purchase and sale contracts for forestry plant seeds or donation contracts for forestry plant seeds from partners;

d) In cases where forestry plant seeds are imported for experimental planting or trial production, technical design documents for experimental planting or trial production must be submitted. In cases where forestry plant seeds are imported for the second time or more for experimentation or trial production, reports on the results of previous imports, experiments, and trial productions must be submitted;

đ) In cases where forestry plant seeds are imported for ornamental trees or shade trees, there must be a document from the Department of Agriculture and Rural Development at the local level approving the plan and requesting permission to import seeds;

e) In cases where imports serve research or international cooperation, an additional copy of the cooperation agreement in a foreign language accompanied by a Vietnamese translation certified by a translation agency must be provided;

g) In cases where imports are for participation in trade fairs or exhibitions, a confirmation letter or invitation letter to participate in trade fairs or exhibitions in Vietnam must be supplemented;

h) In cases where imports are for gifts, an additional copy of the confirmation letter between both parties in a foreign language accompanied by a Vietnamese translation certified by a translation agency must be provided;

i) In cases where imports are for implementing investment programs or projects, the dossier must include a copy (the original must be brought for verification) or a certified copy of the approval or consent document for the investment program or project issued by the competent state authority or approved by the enterprise in accordance with the law;

3. Time limit for resolution:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within five working days from the date of receipt of a complete and properly formatted dossier, the competent authority shall issue an import permit according to Form No. 03/LN attached as Appendix II to this Circular. In case of refusal to issue the permit, the receiving authority shall provide a written response stating the reasons.

4. The validity period of the import permit shall not exceed twelve months from the date of issuance.

5. Implementing agency: General Department of Forestry

- Place to receive dossiers and deliver results: Office of the General Department of Forestry

- Address: No. 2 Ngoc Ha - Ba Dinh - Hanoi.

- Telephone: 024.3843.8792 Fax: 024.3843.8793

- Email: [email protected]

1. Dossier for applying for an import permit for genetically modified plant seeds:

a) A request for importing according to Form No. 06/TT attached as Appendix I to this Circular;

b) Technical declaration according to Form No. 07/TT attached as Appendix I to this Circular (only submitted upon first import);

c) A copy of the Enterprise Registration Certificate or Business Registration Certificate (in cases where registration is required) or Investment Registration Certificate (for foreign-invested enterprises); identity card or citizen identification card or passport (for individuals);

d) Copy of the Bio-safety Certificate and Confirmation of Genetically Modified Plants Meeting Conditions for Use as Food and Feed issued by the competent authority of Vietnam;

đ) Comparative testing plan, including narrow and wide-scale comparative testing plans as prescribed in Appendix 7 issued together with Circular No. 29/2014/TT-BNNPTNT dated September 5, 2014, amending and supplementing Clause 7 of Circular No. 23/2010/TT-BNNPTNT dated April 7, 2010, regarding the recognition of biotechnology technological progress in agriculture and rural development.

2. Time limit for processing:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within five working days from the date of receipt of a complete and properly formatted dossier, the competent authority shall issue an import permit according to Form No. 08/TT attached as Appendix I to this Circular. In case of refusal to issue the permit, the receiving authority shall provide a written response stating the reasons.

3. The validity period of the import permit shall not exceed twelve months from the date of issuance.

4. Implementing body:

- Place to receive dossiers and deliver results: One-stop Service Desk - Office of the Crop Production Department

- Website: www.cuctrongtrot.gov.vn.

- Address: Room A6A, No. 02 Ngoc Ha, Ba Dinh, Hanoi;

- Telephone: 024.3823.4651 Fax: 024.3734.4967

- Email: [email protected]

The export and import of plant genetic resources for research and scientific and technological exchange shall be carried out in accordance with the provisions of Government Decree No. 59/2017/NĐ-CP dated May 12, 2017 on the management of access to genetic resources and the sharing of benefits from their utilization.

1. Components of the dossier for requesting the export of livestock breeds:

a) A request for exporting livestock breeds according to Model No. 01/CN Appendix III issued together with this Circular;

b) Livestock breed pedigree: The livestock breed pedigree must be confirmed by the competent authority of the exporting country, clearly stating the breed name, breed grade, origin, quantity, and economic and technical indicators;

c) A copy of the cooperation research project or research contract containing contents related to the export of livestock breeds.

2. Components of the dossier for requesting the import of livestock breeds:

a) A request for importing livestock breeds for trial, research, and other special purposes according to Model No. 02/CN Appendix III issued together with this Circular.

b) For trial cases, additional components include:

The livestock breed pedigree confirmed by the competent authority of the exporting country, clearly stating the breed name, breed grade, origin, quantity, and economic and technical indicators. The pedigree must be either the original or a certified copy accompanied by a Vietnamese translation. In case of direct submission, it must be a copy while the original must be presented for verification;

Trial outline, breeding procedures;

A copy of the Business Registration Certificate or the Enterprise Registration Certificate (if required to register) or Investment Registration Certificate (for foreign-invested enterprises) or Establishment Decision. This provision only applies to traders making their first import registration.

3. Components of the dossier for requesting the first import of livestock semen and embryos into Vietnam:

a) A request for importing semen and embryos according to Model No. 03/CN Appendix III issued together with this Circular;

b) Semen and embryos of large livestock breeds (cattle, buffalo, goat, sheep): Pedigree of three generations of male breeding animals for semen imports; pedigree of three generations of sire and dam for embryo imports. The pedigree includes the breed name, breed grade, productivity of each individual for semen and embryos, breeding facility, and exploitation facility for semen and embryos, and must be confirmed by the competent authority of the exporting country. Semen cannot be imported more than 60 months from the date of production;

c) Semen and embryos of pig breeds: Pig breed pedigree for semen and embryos, including the breed name, breed grade, productivity of each individual for semen and embryos, breeding facility, and exploitation facility for semen and embryos;

d) The pedigree must be either the original or a certified copy accompanied by a Vietnamese translation. In case of direct submission, the dossier must be a copy while the original must be presented for verification.

đ) A copy of the Investment Registration Certificate or the Enterprise Registration Certificate (if required to register) or the Business Registration Certificate (for foreign-invested enterprises) or Establishment Decision. This provision only applies to traders making their first import registration.

4. Time limit for processing:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within five working days from the date of receipt of a complete and properly formatted dossier, the competent authority will issue the export/import permit for livestock breeds; livestock semen and embryos according to Model No. 04/CN Appendix III issued together with this Circular. If the permit is refused, the receiving agency must provide a written response detailing the reasons.

5. The validity period of the import permit shall not exceed twelve months from the date of issuance.

6. Implementing agency: Animal Husbandry Department

- Location to receive dossiers: One-stop Service Desk - Animal Husbandry Department Office

- Address: No. 16 Thuy Khue - Tay Ho - Hanoi

- Telephone: 024.3734.5443, Fax: 024.3734.5444

- Email: [email protected]

Article 8. Provisions on the dossier, time limit, and authority issuing Import Permit for Plant Protection Products

a) In the case of importing plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam for temporary import and re-export or import for production in Vietnam for export under contracts signed with foreign countries:

Application for Import Permit for Plant Protection Products according to Model No. 01/BVTV Appendix IV issued together with this Circular;

A copy of the Investment Registration Certificate or Enterprise Registration Certificate or Business Registration Certificate stamped by the trader (only submitted for the first import);

Original or certified copy of the import contract, export contract, or contract for processing with foreign partners;

A copy of the Free Circulation Certificate (CFS) at the exporting country (only submitted for the first import);

b) In the case of importing plant protection products for fumigation disinfection containing methyl bromide and active substances classified as acute toxicity category I and II according to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS):

Application for Import Permit for Plant Protection Products according to Model No. 01/BVTV Appendix IV issued together with this Circular;

A copy of the Investment Registration Certificate or Enterprise Registration Certificate or Business Registration Certificate stamped by the trader (only submitted for the first import);

A copy of the Professional Practice Certificate for fumigation disinfection of plant quarantine objects issued by the Plant Protection Department (only submitted for the first import) for the case of importing fumigation disinfectants.

Report on the importation, use, and sale of methyl bromide according to Form No. 02/BVTV Appendix IV issued together with this Circular for cases of importing fumigation disinfectant drugs containing methyl bromide active ingredient.

c) In the case of importing plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam for trial purposes for product registration; testing and research:

Application for Import Permit for Plant Protection Products according to Model No. 01/BVTV Appendix IV issued together with this Circular;

A copy of the Investment Registration Certificate or Enterprise Registration Certificate or Business Registration Certificate stamped by the trader (only submitted for the first import);

A certified copy of the Plant Protection Product Testing Permit or the Chemical Safety Certificate of the test sample drug.

Research outline on the plant protection product proposed for import (for cases of importing for research purposes).

d) In the case of importing plant protection products for use in foreign projects in Vietnam; plant protection products as samples, for exhibitions, trade fairs, and special uses as decided by the Minister of Agriculture and Rural Development:

Application for Import Permit for Plant Protection Products according to Model No. 01/BVTV Appendix IV issued together with this Circular;

A copy of the Investment Registration Certificate or Enterprise Registration Certificate or Business Registration Certificate stamped by the trader (only submitted for the first import);

A certified copy of the import contract.

A certified copy of the Free Circulation Certificate (CFS) from the exporting country in cases of importing plant protection products with active ingredients not listed in the approved list of plant protection products in Vietnam.

đ) In the case of importing plant protection products listed in the Catalogue of Plant Protection Products Banned for Use in Vietnam but for use as standards:

Application for Import Permit for Plant Protection Products according to Model No. 01/BVTV Appendix IV issued together with this Circular;

A certified copy of the Investment Certificate or Business Registration Certificate or Enterprise Registration Certificate stamped by the trader (only submitted for the first import).

2. Time limit for processing:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within five working days from the date of receiving complete and compliant documents, the competent authority shall issue the Plant Protection Product Import Permit according to Form No. 03/BVTV Appendix IV issued together with this Circular. In case of refusal to issue the permit, the agency receiving the application shall provide a written response stating the reasons.

3. Validity of the Permit:

The Plant Protection Product Import Permit is valid for the entire consignment recorded in the permit and its validity period is specified for each type of drug in the permit, but not exceeding twelve months from the date of issuance. The methyl bromide import permit is only valid during the year it was issued.

4. Implementing Agency: Plant Protection Department

- Address: 149 Ho Dac Di, Dong Da - Hanoi

- Tel: 024.3533.0361 Fax: 024.3533.0043;

4. Summary of organizational development: [email protected]

Article 9. Regulations on the dossier, time limit, and issuing agency for the Plant Quarantine Import Permit for objects listed in the quarantine object directory that require risk analysis before being imported into Vietnam

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application for Plant Quarantine Import Permit according to Form No. 04/BVTV Appendix IV issued together with this Circular;

2. Time limit for processing:

a) In cases where the dossier is incomplete or non-compliant, the receiving authority must notify the trader to complete the dossier within three working days;

b) Within ten working days from the date of receiving complete and compliant documents, the competent authority shall issue the Plant Quarantine Import Permit according to Form No. 05/BVTV Appendix IV issued together with this Circular. In case of refusal to issue the permit, the agency receiving the application shall provide a written response stating the reasons.

3. Validity of the Permit:

The Plant Quarantine Import Permit is valid for the entire consignment recorded in the permit and its validity period is specified for each item in the permit, but not exceeding twelve months from the date of issuance.

4. Implementing Agency: Plant Protection Department

- Address: 149 Ho Dac Di, Dong Da - Hanoi

- Tel: 024.3533.0361 Fax: 024.3533.0043;

4. Summary of organizational development: [email protected]

Chapter III
IMPLEMENTING PROVISIONS

Article 10. Transitional Provisions

1. Export and import permits in accordance with Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015, guiding the implementation of certain provisions of Decree No. 187/2013/NĐ-CP dated November 20, 2013, of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency, purchase, sale, processing, and transit of goods with foreign countries in agriculture, forestry, and fisheries related to crop seeds, livestock breeds; plant protection product import permits and plant quarantine import permits already issued by the competent authority shall continue to be implemented in accordance with the contents and validity periods of these permits.

2. Applications for export/import permits for crop seeds and livestock breeds; plant protection product import permits and plant quarantine import permits submitted before January 1, 2019, if complete and compliant, shall be processed in accordance with Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015.

Article 11. Effective Date

1. This Circular takes effect from January 1, 2019.

2. This Circular abolishes Article 40 of Circular No. 21/2015/TT-BNNPTNT dated June 8, 2015, of the Minister of Agriculture and Rural Development on the management of plant protection products.

3. During the implementation process, if there are difficulties or obstacles, organizations, individuals, and traders should report to the Ministry of Agriculture and Rural Development for timely amendments and supplements./.