Circular No. 65/2012/TT-BNNPTNT on the procedures and formalities for issuing plant quarantine certificates

CIRCULAR

Regulations on the procedures for issuing plant quarantine certificates

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on Decree No. 02/2007/NĐ-CP dated January 5, 2007 of the Government on Plant Quarantine;

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

The Minister of Agriculture and Rural Development promulgates regulations on the procedures for issuing plant quarantine certificates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the procedures for issuing plant quarantine certificates for consignments of objects subject to plant quarantine for export, re-export, import, and transit (hereinafter referred to as the certificate).

2. This Circular applies to organizations and individuals (hereinafter referred to as the object owners) both domestic and foreign engaged in the export, re-export, import, and transit of objects subject to plant quarantine (hereinafter referred to as the objects) in Vietnam.

Article 2. Competence to issue certificates

Plant quarantine regional inspection offices and plant quarantine border gates under the Plant Protection Department or provincial plant protection offices authorized by the Plant Protection Department to issue certificates (hereinafter referred to as the plant quarantine authorities).

Article 3. Time limit for issuing certificates

The plant quarantine authority shall issue a certificate for a consignment of objects meeting the requirements within 24 hours from the time of inspecting the objects. In case it takes longer than 24 hours, the plant quarantine authority must inform the object owner.

Article 4. Legal basis

       The object owner must pay the fees and charges for plant quarantine according to current regulations.

Chapter II

PROCEDURES FOR ISSUING CERTIFICATES

Section 1

PROCEDURES FOR ISSUING CERTIFICATES FOR

EXPORT CONSIGNMENTS

Article 5. Documents

1. Documents

a) Export/re-export plant quarantine registration form (Form 9 issued together with Appendix 1 of Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) Power of attorney of the object owner: To be applied when the object owner authorizes another person to register for plant quarantine (original). For objects exported through border gates or open land border crossings, there is no requirement for a power of attorney from the object owner.

c) Bill of lading: Only applicable for objects exported by sea when the object owner requests the plant quarantine authority to confirm information stated in the bill of lading on the certificate (photocopy and present the original for verification). The object owner only submits the bill of lading to the plant quarantine authority when the objects have been inspected and meet the conditions for export as prescribed.

d) Packing list: Applicable for objects exported by sea if the objects are not uniform (photocopy and present the original for verification).

đ) Sales contract, letter of credit (if any) (photocopy and present the original for verification).

e) Disinfection certificate (original): Applicable for objects exported with disinfection requirements specified in the sales contract or letter of credit.

2. Number of sets of documents: 01 set.

Article 6. Procedures for Issuing Certificates

The owner of the object directly submits one set of the import plant quarantine registration documents to the plant quarantine authority.

The owner of the object or the person authorized by the owner must register for plant quarantine at least 24 hours before export with the nearest plant quarantine agency.

2. Submission of documents

The owner of the object or the person authorized by the owner shall submit the application directly to the plant quarantine agency at the reception and result delivery section.

3. Receiving and Checking the Completeness and Validity of the Application

The plant quarantine agency is responsible for receiving and checking the completeness and validity of the application for issuing certificates according to regulations. If the application is complete and valid, it will be accepted. If the application is incomplete or invalid, the owner of the object will be required to supplement and complete the application.

4. Inspecting the Object and Issuing Certificates

The plant quarantine agency inspects the object. Based on the inspection results, the plant quarantine agency issues or does not issue a certificate. If a certificate is not issued, the owner of the object will be notified and the reasons will be specified.

Section 2

PROCEDURES FOR ISSUING CERTIFICATES FOR

BATCH OF REEXPORTED OBJECTS

Article 7. Documents

1. Documents

a) Plant Quarantine Export Registration Form (Form 9 issued together with Appendix 1 of Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) Plant Quarantine Certificate for Import, Transit, and Domestic Transport (Photocopy and present the original for verification).

c) Plant Quarantine Certificate from the Country of Export (Photocopy).

d) Bill of Lading (Applicable for reexported objects by sea (Photocopy and present the original for verification). The owner of the object only submits the bill of lading to the plant quarantine agency when the object has been inspected and meets the conditions for reexportation according to regulations.

đ) Packing List (Applicable for reexported objects by sea in cases where the objects are not uniform (Photocopy and present the original for verification).

e) Power of Attorney from the Owner of the Object (Applicable if the owner authorizes another person to register for plant quarantine (Original). For objects reexported through border gates or open roadways, there is no requirement for a power of attorney from the owner of the object.

g) Purchase Contract, Letter of Credit (if any) (Photocopy and present the original for verification).

2. Number of Applications: 01 set

Article 8. Procedures for Issuing Certificates

The owner of the object directly submits one set of the import plant quarantine registration documents to the plant quarantine authority.

The owner of the object or the person authorized by the owner must register for plant quarantine at least 24 hours before reexporting the object with the nearest plant quarantine agency.

2. Submission of documents

The owner of the object or the person authorized by the owner shall submit the application directly to the plant quarantine agency at the reception and result delivery section.

3. Receiving and Checking the Completeness and Validity of the Application

The plant quarantine agency is responsible for receiving and checking the completeness and validity of the application for issuing certificates according to regulations. If the application is complete and valid, it will be accepted. If the application is incomplete or invalid, the owner of the object will be required to supplement and complete the application.

4. Inspecting the Object and Issuing Certificates

The plant quarantine agency inspects the object. Based on the inspection results, the plant quarantine agency issues or does not issue a certificate. If a certificate is not issued, the owner of the object will be notified and the reasons will be specified.

Section 3

PROCEDURES FOR ISSUING CERTIFICATES FOR

BATCH OF IMPORTED OBJECTS

Article 9. Documents

1. Documents

a) Plant Quarantine Registration Form (Form 3 issued together with Appendix 1 of Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) Plant Quarantine Declaration Form: Applicable for imported objects transported by sea before arriving at the port (Form 4 issued together with Appendix 1 of Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, original).

c) Plant Quarantine Certificate issued by the competent plant quarantine agency of the exporting country or a document of equivalent value (Original).

d) Import Plant Quarantine Permit: Applicable for objects that require pest risk analysis before importation into Vietnam (Photocopy and present the original for verification).

đ) Bill of Lading (Applicable for imported objects by sea (Photocopy and present the original for verification).

e) Packing List (Applicable for imported objects by sea in cases where the objects are not uniform (Photocopy and present the original for verification).

g) Power of Attorney from the Owner of the Object (Applicable if the owner authorizes another person to register for plant quarantine (Original). For objects imported through border gates or open roadways, there is no requirement for a power of attorney from the owner of the object.

h) Purchase Contract, Letter of Credit (if any) (Photocopy and present the original for verification).

2. Number of sets of documents: 01 set.

Article 10. Procedures for issuing certificates

The owner of the object directly submits one set of the import plant quarantine registration documents to the plant quarantine authority.

The owner of the object or the person authorized by the owner to register plant quarantine must register at least 24 hours before importation with the nearest plant quarantine agency.

2. Submission of documents

The owner of the object or the person authorized by the owner shall submit the application directly to the plant quarantine agency at the reception and result delivery section.

3. Receiving and Checking the Completeness and Validity of the Application

The plant quarantine agency is responsible for receiving and checking the completeness and validity of the application for issuing certificates according to regulations. If the application is complete and valid, it will be accepted. If the application is incomplete or invalid, the owner of the object will be required to supplement and complete the application.

4. Inspecting the Object and Issuing Certificates

The plant quarantine agency inspects the object. Based on the inspection results, the plant quarantine agency issues or does not issue a certificate. If a certificate is not issued, the owner of the object will be notified and the reasons will be specified.

Section 4

PROCEDURES FOR ISSUING CERTIFICATES FOR

OVERSIZE OBJECTS

Article 11. Documents

1. Documents

a) Plant Quarantine Registration Form (Form 3 issued together with Appendix 1 of Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) Plant quarantine certificate issued by the competent plant quarantine agency of the exporting country or an equivalent confirmation document (photocopy and original for verification).

c) Power of attorney from the owner of the object: To be applied when the owner authorizes another person to register plant quarantine (original).

2. Number of sets of documents: 01 set.

Article 12. Procedures for issuing certificates

The owner of the object directly submits one set of the import plant quarantine registration documents to the plant quarantine authority.

When the object enters the first border gate of Vietnam, the owner of the object or the person authorized by the owner must register plant quarantine at least 24 hours in advance with the nearest plant quarantine agency.

2. Submission of documents

The owner of the object or the person authorized by the owner shall submit the application directly to the plant quarantine agency at the reception and result delivery section.

3. Receiving and Checking the Completeness and Validity of the Application

The plant quarantine agency is responsible for receiving and checking the completeness and validity of the application for issuing certificates according to regulations. If the application is complete and valid, it will be accepted. If the application is incomplete or invalid, the owner of the object will be required to supplement and complete the application.

4. Supervision, inspection of objects and issuance of certificates

The plant quarantine agency shall supervise or inspect the object in accordance with regulations. Based on the results of supervision or inspection, the plant quarantine agency will issue or not issue a certificate. In case of non-issuance of a certificate, the owner of the object shall be notified along with the reasons.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Implementation Organization

1. The Plant Protection Department is responsible for:

Directing, guiding, and inspecting plant quarantine agencies issuing certificates in accordance with this Circular.

2. The plant quarantine agency is responsible for implementing inspections, establishing files, issuing certificates, and archiving files in accordance with this Circular and relevant laws on plant quarantine.

3. Responsibilities of the owner of the object:

a) Adhering to the provisions set forth in this Circular and relevant laws on plant quarantine.

b) Complying with the provisions in the plant quarantine business documents issued.

c) Paying the prescribed fees and charges for plant quarantine.

Article 14. Effective Date

This Circular takes effect from February 11, 2013.

Article 15. Amendment and supplementation

During implementation, if there are any difficulties, organizations and individuals should report to the Ministry of Agriculture and Rural Development (Plant Protection Department) for prompt resolution.