Circular No. 48/2015/TT-BNNPTNT detailing the conditions for operating plant protection services

CIRCULAR

Detailed Guidelines for Conditions of Plant Protection Services Operation

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Developmentonn hạn và cơ cấu tổ chức của Bộ Nngestablishment;From 100 million VND to less than 300 million VNDAt the proposal of the Director of the Plant Protection Department, the General Director of the Fisheries General Department, and the Director of the Livestock Production Department;

Pursuant to the Law on Plant Protection and Quarantine of Plants No. 41/2013/QH13 dated November 25, 2013;No. 41/2013/QH13 ngày 25 tháng 11 năm 2013;

At the proposal of the Director of the Plant Protection Department;

The Minister of Agriculture and Rural Development issues this Circular guiding the conditions for plant protection services operation.

PART I

GENERAL PROVISIONS

Article 1.perioda) Clause 1 Article 15 regarding accountability;

This Circular provides detailed guidelines for the conditions of plant protection services operation.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to plant protection services in Vietnam.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Plant protection services are activities of organizations and individuals providing advice on measures to prevent and control plant pests or implementing measures to prevent and control plant pests (excluding plant quarantine treatment measures prescribed in Clause 2, Article 34 of the Law on Plant Protection and Quarantine of Plants) according to agreements with plant owners.

2. Providing advice on measures to prevent and control plant pests is an activity identifying plant pests; forecasting, providing information, and guiding plant owners on measures to prevent and control plant pests.

3. Implementing measures to prevent and control plant pests is an activity using manual, mechanical, physical, chemical, or biological methods permitted under regulations to prevent and control plant pests.

Chapter II

DETAIL CONDITIONS FOR OPERATIONS, PROCEDURES, AND FORMALITIES

CONFIRMATION OF PLANT PROTECTION SERVICES

Article 4. Detailed conditionsện hoperiodt đ|||n dcouncillORSch v||| plant protection ENVIRONMENTitselfiocultural ot Torganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

1. Individuals directly providing advisory services on measures to prevent and control plant pests must have a secondary level education or higher in one of the following fields: crop production, plant protection, or biology; individuals directly implementing measures to prevent and control plant pests must have a secondary level education or higher in one of the following fields: crop production, plant protection, or biology, or hold a training certificate in plant protection as prescribed in Article 6 of this Circular.

2. When conducting plant protection services activities, there must be a record book documenting the content related to the activities of service providers and users; appropriate equipment and tools suitable for the activities such as pest detection devices (for advisory services on preventing and controlling plant pests) or spraying equipment, bait traps, pest capture and elimination devices, and personal protective equipment (for implementing measures to prevent and control plant pests).

3. There must be a legal and clear business address that can be contacted when necessary. Organizations and individuals engaged in plant protection services must possess one of the following documents: land use right certificate with attached house; ownership certificate of the house; lawful lease contract for the house with a minimum term of one year; household registration book (for individuals).

4. Approval from the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee at the commune level) where the organization or individual has a legal business address, as prescribed in Appendix I issued together with this Circular.

Article 5. Procedures and formalities for confirming plant protection services operations

1. Submitting application

a) Organizations and individuals submit their applications directly to the People's Committee at the commune level where they have their business address.

b) The People's Committee at the commune level checks the application immediately upon receipt, accepts it for review if it is complete; returns the application to the organization or individual and requests them to supplement or perfect the application if it is incomplete.

c) Number of applications: one set.

2. Application contents

a) Two copies of the application form for confirmation of plant protection services operations as prescribed in Appendix I issued together with this Circular;

b) Photocopies (with original documents for verification) of secondary level or higher graduation certificates in one of the following fields: crop production, plant protection, or biology, or training certificates in plant protection (for services implementing measures to prevent and control plant pests);

c) Photocopies (with original documents for verification) of one of the following documents to confirm the business address:

Land use right certificate with attached house; Ownership certificate of the house; Legal lease contract for the house still valid for at least one year; Household registration book (for individuals).

3. Reviewing the application and confirming plant protection services operations.

Within three working days from the date of receiving a complete and valid application as prescribed, the People's Committee at the commune level confirms its approval for organizations and individuals to conduct plant protection services operations on the application form for confirmation of plant protection services operations as prescribed in Appendix I issued together with this Circular.

In case of disapproval, the People's Committee at the commune level informs the organization or individual in writing and specifies the reasons.

Article 6. Training on plant protectiont T1. Content of training:itselfiocultural ot Torganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

a) Current regulations on plant protection and provisions of this Circular;

b) Basic knowledge about harmful organisms to plants and measures to prevent and control harmful organisms to plants;

c) Guidance on safe and effective use of plant protection chemicals; regulations on collecting empty packaging after use; using equipment for preventing and controlling harmful organisms;

d) Regulations on administrative violations in the field of plant protection and management of plant protection chemicals;

e) Practical application of plant protection chemicals.

2. Training program for organizations and individuals directly engaged in preventing and controlling harmful organisms to plants (who have not yet attained a secondary level education or higher in one of the following majors: crop production, plant protection, biology):

a) The duration of each training course is three days, covering all contents stipulated in Clause 1 of this Article.

b) The Plant Protection Station or Crop Production and Plant Protection Station shall organize training on plant protection, and if the examination results meet the requirements, they shall issue a Training Certificate. The model of the Training Certificate is specified in Appendix II attached to this Circular.

Article 7. Rights and obligations of organizations and individuals providing plant protection services

1. Organizations and individuals providing plant protection services have the following rights:

a) To be paid for the costs of implementing plant protection services according to the agreement signed with the owner of the plants or their representative;

b) To participate in training programs to enhance knowledge on preventing and controlling harmful organisms to plants, suitable to specific local conditions;

c) To be provided with information and guidance on safe and effective use of plant protection chemicals;

d) To participate in information and communication programs on preventing and controlling harmful organisms to plants;

e) To have the right to appeal against conclusions and decisions of inspection agencies and competent state management agencies in accordance with the law on appeals.

2. Organizations and individuals providing plant protection services have the following obligations:

a) To maintain the conditions for providing plant protection services as prescribed in Article 4 of this Circular during operation;

b) To only use chemicals listed in the approved list of plant protection chemicals in Vietnam according to the four correct principles; to use plant protection measures that ensure effectiveness, safety for people, food safety, and protection of the ecological environment;

c) To store plant protection chemicals and collect empty packaging of plant protection chemicals after use in accordance with regulations;

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

e) To compensate for losses in accordance with the law due to improper advice, use of plant protection chemicals, and measures to prevent and control harmful organisms to plants.

Article 8. Responsibilities of organizations

Chapter III

IMPLEMENTATION

1. The Plant Protection Department is responsible for guiding and organizing inspections of the implementation of this Circular.ệ2. The Provincial Plant Protection Sub-department or Provincial Crop Production and Plant Protection Sub-department is responsible for guiding Plant Protection Stations or Crop Production and Plant Protection Stations to supervise plant protection service activities in the locality; developing content and training programs on plant protection; directing and inspecting training, issuing training certificates on plant protection.

3. The People's Committee of the commune is responsible for receiving applications, confirming requests for confirmation of plant protection service activities for organizations and individuals applying; managing plant protection service activities in the area; coordinating with specialized agencies on plant protection and quarantine to publicize, guide, inspect plant protection service activities in the locality and handle violations in accordance with regulations; publicly announcing the list of organizations and individuals meeting the conditions to engage in plant protection service activities in the area.

This Circular takes effect from February 1, 2016

During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should report to the Ministry of Agriculture and Rural Development (through the Plant Protection Department) for review, amendment, and supplementation./.

Article 9. Implementation Provisions

Circular này có hiệu lực thi hành kể từ ngày 01 tháng 02 năm 2016

Trong quá trình thực hiện Circular, nếu có khó khăn, vướng mắc, các cơ quan, tổ chức, cá nhân phản ánh về Bộ Nông nghiệp và Phát triển nông thôn (qua Cục Bảo vệ thực vật) để xem xét, sửa đổi, bổ sung./.