Decision No. 84/2002/QD-BNN on issuing regulations for state management of fumigation disinfection activities of objects subject to plant quarantine

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding the issuance of regulations on state management of fumigation disinfection activities for objects subject to plant quarantine

Activities

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government Decree No. 73/CP dated November 1, 1995 on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 58/CP dated June 3, 2002 of the Government guiding the implementation of the Plant Protection and Plant Quarantine Ordinance;

Upon the proposal of the Director of the Plant Protection Department and the Head of the Science, Technology and Product Quality Department,

DECISION:

Article 1hereby promulgates this Decision "Regulations on State Management of Fumigation Disinfection Activities for Objects Subject to Plant Quarantine."

These regulations apply to organizations and individuals engaged in fumigation disinfection activities within the territory of Vietnam.

Article 2: This Decision shall take effect fifteen days from the date of signature. The Decision No. 189/NN-BVTV/QĐ dated March 31, 1994 issued by the Minister of Agriculture and Food Industry on state management of disinfection activities for objects subject to plant quarantine and other provisions contrary to these regulations are abolished.

Article 3: The Director of the Plant Protection Department, the Head of the Science, Technology and Product Quality Department, Heads of relevant agencies, and organizations and individuals concerned are responsible for implementing this Decision.

when violating management and operation of

State management of fumigation disinfection activities

for objects subject to plant quarantine

(Issued pursuant to Decision No. 84/2002/QĐ-BNN dated September 24, 2002

of the Minister of Agriculture and Rural Development)

Article 1.

Fumigation disinfection is a disinfection method using chemical fumes to eliminate harmful organisms from objects subject to plant quarantine as stipulated in Article 3 of the Plant Quarantine Regulations issued pursuant to Government Decree No. 58/2002/NĐ-CP dated June 3, 2002.

Article 2. Tasks of the Plant Protection Department regarding fumigation disinfection activities:

1. Developing and promulgating standards and procedures for fumigation disinfection.

2. Inspecting professional qualifications and skills in fumigation disinfection and issuing Fumigation Disinfection Practice Certificates to individuals engaged in fumigation disinfection activities within the territory of Vietnam according to Article 31 of the Plant Quarantine Regulations issued pursuant to Government Decree No. 58/2002/NĐ-CP dated June 3, 2002.

3. Conducting regular (once/year) or spot inspections of the conditions for practicing fumigation disinfection of organizations and individuals as stipulated in Article 30 of the Plant Quarantine Regulations issued pursuant to Government Decree No. 58/2002/NĐ-CP dated June 3, 2002.

4. Supervising fumigation disinfection activities for objects subject to plant quarantine when they are infected with quarantine pests of Vietnam or new harmful organisms and upon the request of the object owner.

Article 3. Contents of disinfection supervision:

1. Checking the Fumigation Disinfection Practice Certificate.

2. Inspecting equipment for fumigation disinfection practice.

3. Supervising the type of chemical used for disinfecting objects subject to plant quarantine according to the law.

4. Supervising disinfection techniques including chemical concentration, quantity, duration, and harmful organisms to be eliminated according to the technical procedures of the Ministry of Agriculture and Rural Development.

5. Supervising safety conditions for people and the environment during fumigation disinfection activities.

Article 4.

Organizations and individuals engaged in fumigation disinfection activities for objects subject to plant quarantine within the territory of Vietnam must meet the requirements set forth in Article 30 of Government Decree No. 58/2002/NĐ-CP dated June 3, 2002, and Article 5 of these regulations.

For organizations that have been granted a license for disinfection practice under Decision No. 189/NN-BVTV/QĐ dated March 31, 1994 issued by the Minister of Agriculture and Food Industry on state management of disinfection activities for objects subject to plant quarantine, if they continue to engage in fumigation disinfection activities after the expiration of their licenses, they must comply with these regulations.

Article 5. Organizations engaged in fumigation disinfection activities must ensure the following specific conditions:

1. The person directly managing and directing (General Manager, Deputy General Manager, Director, Deputy Director, Technical Department Head for business enterprises and public service enterprises; Private Enterprise Owner) and the person directly responsible when practicing must hold a Fumigation Disinfection Practice Certificate issued by the competent authority. (Model at Appendix 2)

2. The team of technical staff directly involved in fumigation disinfection must have undergone training in fumigation disinfection and been assessed and confirmed by the Plant Protection Department or the Regional Plant Quarantine Inspection Sub-Department.

3. Having technical procedures, means, and equipment as prescribed in Decision No. 70/1998/QĐ-BNN-KHCN dated May 6, 1998 of the Ministry of Agriculture and Rural Development and other regulations ensuring safe fumigation disinfection activities for humans, animals, environmental hygiene, fire prevention, and explosion prevention according to the regulations of the Ministry of Science and Technology, the Ministry of Public Security, and the Ministry of Health.

4. The workplace and chemical storage facilities must comply with the regulations of the competent state authorities.

Article 6Conditions for issuing a Fumigation Disinfection Practice Certificate as stipulated in Article 31 of the Plant Quarantine Regulations issued pursuant to Government Decree No. 58/2002/NĐ-CP dated June 3, 2002.

The conditions specified in Clause 1 of Article 31 only apply separately to those directly managing and directing fumigation disinfection activities who had assumed such positions before June 18, 2002, when Government Decree No. 58/2002/NĐ-CP took effect.

Article 7. Authority to issue Fumigation Disinfection Practice Certificates:

1. The Regional Plant Quarantine Inspection Sub-Department issues Fumigation Disinfection Practice Certificates to individuals engaged in fumigation disinfection activities for objects subject to plant quarantine stored in water.

2. The Plant Protection Department issues Fumigation Disinfection Practice Certificates to individuals engaged in fumigation disinfection activities for export, import, transit, and infected objects subject to plant quarantine.

Article 8. Procedures for issuing Fumigation Disinfection Practice Certificates:

1. The dossier shall include:

a) Academic results from steam disinfection activities issued by the competent authority. Specifically, for individuals subject to the provisions of Clause 1 of Article 31 of the Plant Quarantine Regulations promulgated by Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government, they must have a confirmation letter regarding their working time in the steam disinfection field issued by the management agency where they worked.

b) Application for issuance of the Steam Disinfection Certificate (Annex 1)

c) Curriculum vitae of the applicant (with confirmation from local authorities or the management agency)

d) Health certificate issued by a health agency at the district level or equivalent as prescribed by law.

đ) Notarized copies of other relevant certificates and diplomas.

e) Two passport-sized photographs (3x4 cm).

2. Within fifteen days from the date of receipt of the application, the competent authority shall examine and issue the steam disinfection practice certificate. In case it cannot be issued within this period, the competent authority shall notify the organization or individual concerned in writing.

3. The holder of the Steam Disinfection Practice Certificate must undergo inspection by the Plant Protection Department and complete the renewal procedures for the Steam Disinfection Practice Certificate after three years if they continue practicing.

4. Fees must be paid according to the regulations of the State.

Article 9. The implementation and issuance of disinfection certificates are regulated as follows:

1. An organization conducting steam disinfection that meets the conditions for practice as stipulated in Article 5 of these Regulations has the right to issue steam disinfection certificates for objects subject to plant quarantine.

2. The disinfection and issuance of disinfection certificates for objects subject to plant quarantine that are infected with quarantine pests must be carried out under the designation and supervision of the plant quarantine agency (under the Plant Protection Department or delegated by the Department).

3. Organizations must report quarterly and annually on the situation of steam disinfection of objects subject to plant quarantine as required by the plant quarantine agency.

4. When ceasing to practice steam disinfection of objects subject to plant quarantine, a written report must be submitted to the competent state agency responsible for plant quarantine.

Article 10.

It is strictly prohibited to lend, lease, or use the Steam Disinfection Practice Certificate for other purposes. Organizations and individuals engaged in steam disinfection who violate the regulations on disinfection will be subject to administrative penalties as provided by current laws on plant protection and quarantine.

Article 11

The Steam Disinfection Practice Certificate is one of the conditions for the competent state agency to issue a business registration certificate.

The Plant Protection Department shall coordinate with relevant agencies to guide, inspect, and urge the implementation of these regulations.