Joint Circular No. 6/TTLB guiding additional policies for loans to small projects creating jobs pursuant to Resolution No. 120-NĐBT dated April 11, 1992 of the Council of Ministers.

JOINT CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF INSPECTION AND SUPERVISION OF GOODS SUBJECT TO PLANT QUARANTINE AT EXPORT, IMPORT AND TRANSIT THROUGH VIETNAM.

Pursuant to Decree No. 92-CP dated November 27, 1993 of the Government guiding the implementation of the Ordinance on Plant Protection and Quarantine.
Pursuant to Decree No. 171-HĐBT dated May 27, 1991 of the Council of Ministers (now the Government) on customs procedures and customs fees.
The Ministry of Agriculture and Rural Development - General Department of Customs hereby guides the implementation of responsibilities and coordination relations between the two sectors in the inspection and supervision of goods subject to plant quarantine at export, import and transit through Vietnam as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. The list of goods for export, import, temporary import for re-export, temporary export for re-import, and transit through Vietnam that are subject to plant quarantine (hereinafter referred to as objects subject to plant quarantine) is detailed in the appendix attached to this Circular.

2. Objects subject to plant quarantine may only be allowed to export, import, temporarily import for re-export, temporarily export for re-import, and transit through Vietnam's territory after being issued a Plant Quarantine Certificate by the plant quarantine authority and the customs authority has affixed the stamp completing the customs formalities. In cases where imported objects subject to plant quarantine cannot immediately obtain a Plant Quarantine Certificate at the border gate due to special circumstances, a Temporary Plant Quarantine Certificate may be issued. Within the latest seven days from the date of bringing the object subject to plant quarantine to the designated location, the consignor must submit the Plant Quarantine Certificate to the border gate customs authority to supplement the customs declaration file.

3. Passengers, owners of means of transport, and service personnel on means of transport when entering or exiting the country, if carrying objects subject to plant quarantine in their luggage, must declare to the plant quarantine authority at the border gate to complete the plant quarantine procedures and comply with the regulations on handling by the plant quarantine authority.

II. PROCEDURES FOR PLANT QUARANTINE, CUSTOMS INSPECTION AND SUPERVISION, AND COORDINATION RELATIONS

1. For objects subject to plant quarantine:

- When exporting: the consignor, owner of the means of transport, or their legal representative must first complete the plant quarantine procedures before proceeding to the customs authority to handle the export formalities.

- When importing (or transiting through Vietnam), during the customs formalities process, if the customs authority discovers objects subject to plant quarantine, they will require the owner of the object, owner of the means of transport, or their legal representative to first complete the plant quarantine procedures before proceeding with the customs formalities.

2. If objects subject to plant quarantine are found to be infected with quarantine pests and need to be treated according to the provisions of the Ordinance on Plant Protection and Quarantine, the plant quarantine authority at the border gate will notify the customs authority in advance about the location, time, and measures for treatment.

3. Within their functions and authorities, the plant quarantine authority and the customs authority at border gates shall cooperate in inspecting and supervising goods subject to plant quarantine to prevent the spread of harmful organisms affecting plant resources from one country to another, in accordance with the laws on plant quarantine of countries and internationally which Vietnam has signed or joined.

4. Every six months, the plant quarantine authority at the border gate shall convene a meeting with the customs authority at the border gate to review work relations and the performance of duties by both authorities, and may hold unscheduled meetings if necessary.

5. Annually, the Ministry of Agriculture and Rural Development shall convene a meeting with the General Department of Customs to review, evaluate, draw lessons learned, and discuss measures for cooperation between the two sectors.

III. RESPONSIBILITIES OF EACH SECTOR

To take the lead and coordinate with the Ministry of Finance and relevant ministries and sectors to urge, inspect, supervise, and resolve issues arising during the implementation of this Decree.

a) Notify the General Department of Customs of the list of organisms subject to plant quarantine published periodically by the Minister of Agriculture and Rural Development.

b) Publicly display at border gates the list of objects subject to plant quarantine, the procedures for plant quarantine, and the fees and costs for plant quarantine according to current regulations, along with the time required to complete the plant quarantine procedures.

c) Establish plant quarantine authorities at border gates to perform their functions and tasks as prescribed by the Ordinance on Plant Protection and Quarantine, and coordinate with the customs authority at the border gate to implement the provisions of this Circular.

d) Notify the General Department of Customs of the list of border gates with export and import activities but without operational plant quarantine authorities so that the customs authority at the border gate can handle customs formalities based on Clause 2, Part I of this Circular.

e) Notify the customs authority at the border gate in writing of the results of handling consignments of objects subject to plant quarantine that have been found to be infected with quarantine pests upon export, import, temporary import for re-export, temporary export for re-import, and transit, for consideration before processing customs formalities for those consignments.

2. General Department of Customs:

a) Guide the application of this Circular to the Provincial Customs Departments under the Central Government to direct the customs authorities at border gates to implement it.

b) During the customs formalities process, if objects subject to plant quarantine are discovered, the customs authority at the border gate must notify the plant quarantine authority to complete the plant quarantine procedures according to the Ordinance on Plant Protection and Quarantine.

IV. HANDLING OF VIOLATIONS

1. The plant quarantine authority at the border gate shall prepare a record of handling according to the Ordinance on Plant Protection and Quarantine for objects subject to plant quarantine that do not meet the standards for plant quarantine when exporting, importing, and transiting through Vietnam. In cases where objects subject to plant quarantine must be destroyed, there must be the presence and supervision of the plant quarantine authority and the customs authority at the same level.

2. Administrative penalties for violations in plant quarantine work concerning objects subject to plant quarantine shall be carried out according to the Ordinance on Handling Administrative Violations and the Government's Decree on handling administrative violations in the field of plant protection and quarantine currently in effect.

The head of the plant quarantine agency and the customs officer at the border gate shall be responsible under the law for their decisions regarding the handling and punishment of violations in the field of plant quarantine and customs inspection of goods subject to plant quarantine.

3. In the process of performing customs procedures, if the customs office discovers any violation of customs laws, it shall prepare a record and handle it according to current regulations.

V. IMPLEMENTATION PROVISIONS

This Circular takes effect from the date of signature. Previous provisions that conflict with this Circular are hereby abolished.

Heads of units within each sector are responsible for guiding the implementation of this Circular. Any difficulties should be reported to their direct superior authority for study and timely coordination to resolve.

ANNEX:

LIST

PLANT QUARANTINE SUBJECT GOODS WHEN EXPORTING, IMPORTING, AND TRANSITING THROUGH VIETNAM

1. Plants:

a) Seedlings of various types and parts of plants used as seeds such as: seeds, scions, buds, underground stems, shoots, fruits, roots, tubers, tissue-cultured plantlets grown in artificial media.

b) Parts of plants such as: buds, flowers, fruits, branches, trunks, leaves, roots, tubers, seeds, bark, and other parts in different forms.

2. Plant products: rice, bran, wheat flour, malt, peanuts (peanuts), rice bran, oil cake, various types of seeds: cashews, coffee, black pepper, chili powder, tea, ramie fiber, various types of packaging materials, paper of various types, paper pulp, paper rolls, various types of baked goods made from cereal grains, cigarette tobacco, spun tobacco, tobacco leaves, brewing yeast, feed enzyme, oil, freshly processed plant sap, wood and wood products not yet processed or already processed (except for wood that has been refined according to Circular No. 10-NN/PTLN/TT dated December 26, 1996 amending Article 6 on Plant Quarantine of Joint Circular No. 6-TTLB dated April 2, 1996 of the Ministry of Agriculture and Rural Development, the Ministry of Trade, and the General Department of Customs), rattan, bamboo, mats, rush, straw, various types of medicinal herbs, rice noodles, vermicelli, various types of clothing, various types of woven carpets made of wool, yarn, cotton (including those made of chemical fibers), rubber, latex, and others.

3. Various types of insects, plant diseases, nematodes, bacteria, viruses (living or dead) and other small plant bodies, plant products, microbial preparations used in the protection of agricultural and forestry crops.

4. Soil and other objects capable of causing harm and carrying harmful organisms affecting plant resources.

5. Means of storage and transportation of the aforementioned objects.