Circular No. 77/2009/TT-BNNPTNT on State Inspection of the Quality of Imported Plant Protection Chemicals

CIRCULAR

Regulations on State Inspection of Quality of Imported Plant Protection Products

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

Pursuant to the Law on Product Quality and Goods Quality dated November 21, 2007;

Pursuant to the Plant Protection and Quarantine Law dated July 25, 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;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of certain provisions of the Product Quality Law;

The Ministry of Agriculture and Rural Development guides the procedures and formalities for state inspection of quality of imported plant protection products as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the procedures and formalities for state inspection of the quality of imported plant protection products under the management responsibility of the Ministry of Agriculture and Rural Development.

Article 2. This Circular applies to agencies performing state management functions regarding the quality of imported plant protection products (hereinafter referred to as inspection agencies), conformity assessment organizations, organizations and individuals importing plant protection products, and other organizations and individuals related to the inspection of the quality of imported plant protection products under the management responsibility of the Ministry of Agriculture and Rural Development.

Article 3. This Circular does not apply to imported plant protection products that are personal luggage, diplomatic baggage, sample plant protection products, plant protection products for exhibitions, temporarily imported and re-exported plant protection products, transiting plant protection products, and plant protection products stored in bonded warehouses.

Article 2. Interpretation of Terms

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

1. Imported plant protection products subject to state inspection include technical products and finished products. A consignment of plant protection products

2. Lot of plant protection chemicals is a set of goods of the same type of plant protection product determined in quantity, with the same name, function, brand, model, technical characteristics from the same production facility within the same import dossier and imported at the same time.

Article 4. Inspection Agencies and Conformity Assessment Organizations

Clause 1. The agency responsible for inspecting the quality of imported plant protection products is the Plant Protection Department under the Ministry of Agriculture and Rural Development.

Clause 2. Conformity Assessment Organizations

The following conformity assessment organizations are permitted to conduct quality testing of imported plant protection products:

a) Plant Protection Product Testing and Examination Centers under the Plant Protection Department;

b) Technical Standard Measurement Quality Centers 1, 2, 3 under the General Bureau of Standards Measurement Quality;

c) Other organizations meeting the conditions prescribed by law and designated by the Ministry of Agriculture and Rural Development.

Article 4. Basis for inspection

The basis for inspecting the quality of plant protection products is national technical regulations (QCVN), national standards (TCVN), and basic standards (TC) of the Plant Protection Department (if there are no national technical regulations or national standards). In cases where there are no such bases, international, regional standards, and manufacturer specifications shall be applied.

Article 6. Conditions for Importation of Plant Protection Products

Clause 1. A consignment of imported plant protection products may only be cleared when it has a Notification of State Inspection Results on the Quality of Imported Plant Protection Products meeting the required quality criteria as specified in Appendix 4 issued together with this Circular.

Clause 2. In cases where a consignment of imported plant protection products is temporarily cleared by customs authorities before quality inspection, the importing organization or individual must have a registration form for state inspection of the quality of imported products as specified in Appendix 1 issued together with this Circular.

After temporary clearance, the importing organization or individual must carry out the quality inspection of imported plant protection products according to the procedures and formalities stipulated in Article 7 of this Circular and may only be officially cleared if the goods meet the requirements specified in Clause 1 of this Article.

Chapter II

PROCEDURES AND FORMALITIES FOR INSPECTION

Article 6. Documents for Registration of Quality Inspection

1. The documents for registration of quality inspection of imported plant protection products include:

a) A "State Quality Inspection Registration" form for imported plant protection products according to the model prescribed in Appendix 1 issued together with this Circular. Two (2) copies.

b) Photocopies of the following documents:

- Purchase and sale contract;

- Import permit (for restricted-use plant protection products);

- Goods list attached (packing list): Clearly state the quantity registered and batch number of each consignment;

- Invoice;

- Bill of lading;

- Certificate of origin;

- Other relevant documents concerning the quality of the consignment (if any).

2. Organizations and individuals importing plant protection products may submit the registration documents for inspection through the following methods:

a) Direct delivery;

b) Sending via postal service;

c) Sending via email or registering online through the Internet, then submitting the registration documents when inspected.

Article 7. Procedure and Formalities for Inspection

State inspection of the quality of imported plant protection products shall be carried out in the following steps:

1. Receiving the registration documents for inspection from organizations and individuals importing plant protection products.

2. Checking the validity and completeness of the registration documents within one (1) working day:

a) In case the documents are complete and valid: Accept the registration documents for quality inspection and confirm on the "State Quality Inspection Registration" form for imported plant protection products;

b) In case the documents are incomplete: Return the documents to the organization or individual importing plant protection products and request them to supplement and complete the documents.

3. Inspection and sampling: Within one (1) working day from the date when the organization or individual importing plant protection products presents the import declaration, and notifies the location and time for sampling:

a) In case the consignment of plant protection products remains intact and consistent with the state quality inspection registration documents and the import declaration, the Conformity Assessment Organization will take samples, prepare a sample collection record according to the model prescribed in Appendix 2 issued together with this Circular, and file the consignment documents.

b) In case the consignment of plant protection products is not intact and inconsistent with the state quality inspection registration documents, the Conformity Assessment Organization will not take samples for inspection and prepare a violation record according to the model prescribed in Appendix 3 issued together with this Circular.

4. Notification of Inspection Results

a) Within three (3) working days from the date of sampling, the Conformity Assessment Organization will notify the inspection results according to the model prescribed in Appendix 4 issued together with this Circular. In case the inspection period needs to be extended, it must be immediately notified and discussed with the organization or individual importing plant protection products to resolve the issue.

b) In case the consignment of imported plant protection products does not meet quality standards, it must be immediately notified to the organization or individual importing plant protection products and reported to the Plant Protection Department to make a decision on handling.

c) In case the consignment of plant protection products must be re-exported, the organization or individual importing plant protection products must re-export within the time limit specified in the Handling Decision of the Plant Protection Department and submit a confirmation document from the Customs Authority (a copy) to the inspection authority for filing.

Article 8. Fees for State Quality Inspection of Imported Plant Protection Chemicals

The costs for conducting State inspections on the quality of imported plant protection chemicals shall be carried out in accordance with Article 37 of the Law on Product and Goods Quality.

The fee levels are stipulated in Circular No. 110/2003/TT-BTC dated November 17, 2003, issued by the Ministry of Finance, concerning the collection, payment, and management of fees and charges for plant protection, quarantine, and plant protection chemical management.

Chapter III

REINSPECTION, COMPLAINT HANDLING AND VIOLATION DISPOSITION

Article 9. Provisions on Reinspection

1. Within seven working days from the date of receiving notification that the imported consignment does not meet quality standards, the importer organization or individual has the right to request the conformity assessment organization which conducted the initial quality inspection to review the inspection results or conduct a re-inspection provided that the consignment remains in its original condition.

2. If the re-inspection results contradict the initial results, the importer organization or individual shall not bear the cost of the re-inspection; if the re-inspection results align with the initial results, the importer organization or individual must pay for the re-inspection costs.

3. In cases where the conformity assessment organization's error in inspecting the quality of imported consignments causes damage to the importer organization or individual, the conformity assessment organization must refund all inspection costs and additionally compensate the importer organization or individual according to the law.

Article 10. Complaints and Complaint Resolution

1. Importer organizations or individuals have the right to lodge complaints about inspection results or request the conformity assessment organization to review the inspection results.

2. The inspection authority shall accept and resolve complaints and reports from importer organizations or individuals in accordance with the Law on Complaints and Reports.

Article 11. Handling Violations

Importer organizations or individuals who violate the provisions of this Circular and related documents shall be subject to penalties under the regulations governing the handling of violations in the field of measurement and product quality, and the regulations on administrative penalties in the field of plant protection and quarantine.

Chapter IV

IMPLEMENTATION

Article 12. Responsibilities of the Inspection Authority

1. Guide professional operations and supervise the activities of conformity assessment organizations designated to inspect the quality of imported plant protection chemicals.

2. Direct and handle cases where imported plant protection chemicals do not meet quality requirements reported by conformity assessment organizations.

3. Receive and process information and reports from conformity assessment organizations designated to conduct quality inspections of imported plant protection chemicals.

Article 13. Responsibilities of Conformity Assessment Organizations

1. Designated conformity assessment organizations have the following tasks:

a) Accept registration files for quality inspections of importer organizations or individuals in accordance with Article 6 of this Circular;

b) Conduct inspections in accordance with the procedures and formalities specified in Article 7 of this Circular;

c) Issue inspection result notifications to importer organizations or individuals within the prescribed time frame.

2. Bear responsibility for the results of quality inspections of imported plant protection chemicals.

3. Report semi-annually and annually to the Plant Protection Department on the situation and results of quality inspections of imported plant protection chemicals according to the model attached as Appendix 5 to this Circular. Reporting deadlines are June 25 and December 25 each year.

4. Be subject to supervision by the inspection authority.

5. Collect inspection fees for the quality of imported plant protection chemicals in accordance with the regulations.

Article 14. Responsibilities of organizations and individuals importing plant protection products

1. Register and comply with regulations on quality inspection of imported plant protection products.

2. Shall provide necessary documentation regarding imported plant protection products and storage facilities for inspection purposes, facilitating the entry and exit of conformity assessment organizations to inspect and sample imported plant protection products during storage, preservation, and transportation.

3. Shall comply with the decision of the inspection authority if the batch of imported plant protection products does not meet quality requirements or violates the provisions of this Circular.

4. Have the right to appeal the results of the quality inspection of imported plant protection products and report illegal activities in the quality inspection process of imported plant protection products.

Article 15. Effective Date

This Circular takes effect 45 days from the date of issuance, replacing Decision No. 124/2001/QĐ-BNN dated December 26, 2001 of the Minister of Agriculture and Rural Development on the Issuance of Regulations on State Quality Inspection of Exported and Imported Plant Protection Products.

The Director of the Plant Protection Department, the Head of the Ministry's Office, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, organizations and individuals concerned shall reflect them in writing to the Ministry of Agriculture and Rural Development (Plant Protection Department) for timely resolution./.