Decision No. 63/2007/QD-BNN amending and supplementing certain provisions of the Regulation on Plant Protection Chemicals Management issued together with Decision No. 89/2006/QD-BNN dated October 2, 2006 by the Minister of Agriculture and Rural Development.

Pursuant to …;

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE REGULATIONS ON PLANT PROTECTION CHEMICAL MANAGEMENT ISSUED TOGETHER WITH DECISION NO. 89/2006/QĐ-BNN OF OCTOBER 2, 2006, OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Plant Protection and Quarantine Law 2001;

Pursuant to the Regulation on Plant Protection Chemical Management issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government;

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

DECISION:

Article 1. Amending and supplementing certain provisions of the Regulations on Plant Protection Chemical Management issued together with Decision No. 89/2006/QĐ-BNN dated October 2, 2006 of the Minister of Agriculture and Rural Development, as follows:

1. Amend and supplement Clause 4 of Article 5:

"Article 5. Types of plant protection chemicals not allowed to be registered for use in Vietnam

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4. Finished products with acute toxicity group I or finished products with acute toxicity group II but containing active substances in group I, as specified in Item 1, Item 9, Appendix 7 of these Regulations, except for specialized products for warehouse, port disinfection, wood treatment, construction projects, dike works, rodent control; types of products not belonging to the aforementioned toxicity groups but listed in the warning lists of the United Nations Food and Agriculture Organization (FAO) and the United Nations Environment Programme (UNEP) regarding the implementation of the Rotterdam Convention."

2. Amend and supplement Point b Clause 1, Point b Clause 2 of Article 6:

"Article 6. Forms of registration
1. Official registration

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b) Official registration must conduct efficacy trials (referred to as trials) in the North and South (except for special crops) in two stages: narrow area trials and wide area trials. For biological origin products, only two wide area trials in two production regions (North and South) are required; if the crop or pest is only present in one production region, trials will be conducted at two locations within that region. Efficacy trials shall be conducted according to the regulations of the Ministry of Agriculture and Rural Development on plant protection chemical trials for registration purposes in Vietnam.
2. Supplementary registration

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b) All supplementary registrations must conduct efficacy trials in Vietnam.

- For chemical origin products: if there is a change in scope of use, dosage, application method, product form, active substance concentration, or unit of active substance concentration, wide area efficacy trials are required. If the brand name, mixture, or purpose of use is added, narrow area and wide area efficacy trials in both the North and South are required.

- For biological origin products: all supplementary registrations only require one wide area trial in the North and one wide area trial in the South.

Efficacy trials shall be conducted according to the regulations of the Ministry of Agriculture and Rural Development on plant protection chemical trials for registration purposes in Vietnam."

3. Amend Point d, e, and supplement Point f of Article 9:

"Article 9. Registration authority and responsibilities of the registration authority

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2. Responsibilities of the registration authority

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d) Organize advisory board meetings to review officially registered products and prepare files to submit to the Ministry of Agriculture and Rural Development for official registration decisions; supplementary registration of products after being reviewed and recognized by the advisory board.

e) Issue certificates of registration for plant protection chemicals (according to Model 11 of these Regulations) within 15 days from the date the decision of the Ministry of Agriculture and Rural Development takes effect.

f) Reissue certificates of registration for plant protection chemicals if the registering organization or individual requests a change in manufacturer or transfer of the registered product name according to an agreement."

4. Supplement Clause 6 of Article 15

"Article 15. General principles

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6. For products containing Methyl Bromide, importation and reporting data must also comply with the provisions of Clause 3 of Article 7 of the Montreal Protocol on Substances that Deplete the Ozone Layer."

5. Supplement Clause 5 of Article 16

"Article 16. Conditions for export and import of plant protection chemicals

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5. Importation of products containing Methyl Bromide, in addition to the conditions stipulated in Clauses 1, 2, and 4 of this Article, must also meet the requirements for fumigation disinfection business operations as prescribed by law."

6. Amend and supplement Clause 1 of Article 17

"Article 17. Procedures for issuing import permits for plant protection chemicals

1. Organizations and individuals importing plant protection chemicals listed in the restricted use catalog in Vietnam must submit to the Plant Protection Department an import application clearly stating: product name, quantity imported, origin, place of import, and time of import.

Organizations importing products containing Methyl Bromide must also submit to the Plant Protection Department a report on the importation and use of imported products containing Methyl Bromide from the previous year."

7. Amend and supplement Article 18

"Article 18. General principles

Organizations and individuals trading in plant protection chemicals must meet the conditions prescribed in Article 16 of the Regulation on Plant Protection Chemical Management issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government and Article 7 of Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the implementation of the Law on Trade concerning prohibited, restricted, and conditional goods and services.

Only plant protection chemicals listed in the permitted and restricted use catalogs published annually by the Ministry of Agriculture and Rural Development may be traded. For products containing Methyl Bromide, they can only be sold to organizations meeting the legal requirements for fumigation disinfection business operations.

Only finished products with clear expiration dates, clear origins, and proper labeling in accordance with Chapter IX of these Regulations and other relevant laws on labeling may be traded."

Persons directly engaging in the sale of plant protection chemicals must hold a practice certificate issued by the Plant Protection Sub-department of the province or centrally administered city.

It is not permitted to sell plant protection chemicals at markets or other places not in accordance with the provisions of Article 21 of this Regulation.

8. Amend the application form for registration in Appendix 1 of the Regulation on Management of Plant Protection Chemicals issued together with Decision No. 89/2006/QĐ-BNN dated October 2, 2006 of the Minister of Agriculture and Rural Development.

9. Amend the Import Permit form in Appendix 9 of the Regulation on Management of Plant Protection Chemicals issued together with Decision No. 89/2006/QĐ-BNN dated October 2, 2006 of the Minister of Agriculture and Rural Development.

Article 2. Repeal certain contents of the Regulation on Management of Plant Protection Chemicals issued together with Decision No. 89/2006/QĐ-BNN dated October 2, 2006 of the Minister of Agriculture and Rural Development, as follows:

1. Repeal Clause 3 of Article 6

2. Repeal Point d of Clause 2 of Article 9

Article 3. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 4. The Director of the Office, the Director of the Plant Protection Department, the heads of units under the Ministry of Agriculture and Rural Development, the Directors of the Departments of Agriculture and Rural Development of provinces and centrally administered cities, and related organizations and individuals are responsible for implementing this Decision./.