Circular No. 85/2011/TT-BNNPTNT amending and supplementing certain provisions of Decision No. 89/2007/QD-BNN dated November 1, 2007 on state management of fumigation activities to disinfect objects subject to plant quarantine and Decision No. 97/2008/QD-BNN dated October 6, 2008 on issuing certificates for professional practice in producing, processing, bottling, packaging, trading in plant protection chemicals issued by the Ministry of Agriculture and Rural Development.

CIRCULAR

Amending and supplementing certain articles of Decision No. 89/2007/QD-BNN dated November 1, 2007 on state management of fumigation activities for disinfection of objects subject to plant quarantine and Decision No. 97/2008/QD-BNN dated October 6, 2008 on issuing certificates for the practice of producing, processing, bottling, packaging, trading in plant protection chemicals issued by the Ministry of Agriculture and Rural DevelopmentOn state management of fumigation activities for disinfection of objects subject to plant quarantine On issuing certificates for the practice of producing, processing, bottling, packaging, trading in plant protection chemicals The Ministry of Agriculture and Rural Development

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; Decree No. 75/2009/ND-CP of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government on the Plan to Simplify Administrative Procedures under the Management of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 98/2011/ND-CP dated November 26, 2011 of the Government amending and supplementing certain articles of decrees on agriculture;

amending and supplementing certain provisions of Circular No. 22/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law on the management of breeds and breeding products of livestock. Amending and supplementing certain Articles of Decision No. 89/2007/QD-BNN dated November 1, 2007 of the Ministry of Agriculture and Rural Development promulgating regulations on state management of fumigation activities for disinfection of objects subject to plant quarantine and Decision No. 97/2008/QD-BNN dated October 6, 2008 promulgating regulations on issuing certificates for the practice of producing, processing, bottling, packaging, trading in plant protection chemicals are hereby amended and supplemented as follows:

1. Clause 4 shall be amended and supplemented as follows:

"Article 4. Conditions for conducting fumigation disinfection activities
1. The person directly managing and directing (at least one person among the following positions: General Director, Deputy General Director, Director, Deputy Director, Head of Technical Department for business enterprises and public service enterprises; Owner of a private enterprise) must have a Fumigation Disinfection Practice Certificate issued by the competent authority;
2. The person directly performing fumigation disinfection must have a Fumigation Disinfection Card issued by the competent authority;
3. There must be technical procedures and internal rules ensuring safety for people and animals. Adequate equipment and facilities for fumigation disinfection activities as prescribed in the National Technical Regulation on Quarantine and Plant Protection QCVN 01-19: 2010/BNNPTNT - Fumigation Disinfection Technical Procedures issued together with Circular No. 26/2010/TT-BNNPTNT dated April 27, 2010 of the Minister of Agriculture and Rural Development.
4. There must be means and equipment suitable for the scale of operation permitted.
5. Responsible for ensuring safety for people, animals, and goods; environmental hygiene; fire prevention and explosion control; and working locations, storage areas for equipment and chemicals according to the provisions of the law."

Clause 1, Article 6 of the Regulations shall be amended and supplemented as follows:

"Article 6. Conditions for Issuing Fumigation Disinfection Practice Certificates

3. Article 8 of the Regulations shall be amended and supplemented as follows:

"Article 8. Procedures and formalities for issuing/reissuing Certificates of Compliance, Practice Certificates, and Fumigation Disinfection Cards
1. Procedures for issuing/reissuing Certificates of Compliance, Practice Certificates, and Fumigation Disinfection Cards
a) The Plant Protection Department and provincial and municipal Plant Protection Sub-departments are the competent authorities responsible for receiving applications, reviewing, examining, issuing/reissuing Certificates of Compliance, Practice Certificates, and Fumigation Disinfection Cards according to the分级任务的原因是确保每个部分都能被准确无误地翻译，同时保持文本的专业性和法律术语的准确性。以下是直接翻译结果，没有进一步解释或合并：
b) Upon receipt of complete application files as prescribed, the competent authority shall examine and issue/reissue Certificates of Compliance for fumigation disinfection operations within ten (10) working days, and issue/reissue Practice Certificates and Fumigation Disinfection Cards within three (3) working days. In cases where issuance cannot be completed within these timeframes, the competent authority will notify the organization or individual in writing;
c) Organizations and individuals submit application files to the competent authority either in person or through postal services, with one (1) set of files required.
2. Application files for issuing Certificates of Compliance for fumigation disinfection operations include:
a) An application form for issuing a Certificate of Compliance for fumigation disinfection operations of the practicing entity, model Appendix 5 issued together with this Circular;
b) Technical procedures, means, and list of equipment for fumigation disinfection according to the specified type;
c) A copy of the Fumigation Disinfection Practice Certificate;
d) A list of persons directly engaged in fumigation disinfection who have been issued Fumigation Disinfection Cards as prescribed;
đ) Internal rules ensuring safety for people, animals, and goods; working locations, storage areas for equipment and chemicals according to the law;
e) A copy of the Fire Prevention and Control Compliance Certificate, accompanied by the original for verification or a certified copy issued by the Fire Prevention and Control Police;
g) An environmental commitment statement according to Circular No. 26/2011/TT-BTNMT dated July 18, 2011 of the Ministry of Natural Resources and Environment detailing certain provisions of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitments.
3. Application files for reissuing Certificates of Compliance include:
a) An application form for reissuing a Certificate of Compliance for fumigation disinfection operations of the practicing entity, model at Appendix 6 issued together with this Circular;
b) Revised and updated technical procedures, list of means, and equipment for fumigation disinfection as prescribed;
c) A list of staff who have been issued Fumigation Disinfection Practice Certificates and Fumigation Disinfection Cards currently working at the unit, accompanied by copies of the certificates and cards.
d) Report on the operation of steam disinfection activities of the unit in accordance with Appendix 7 issued together with Decision No. 89/2007/QĐ-BNN;
đ) Inspection records regarding environmental conditions and fire prevention and control by competent authorities during the operational period of the unit.
4. Documents for issuing/reissuing the Professional Practice Certificate for Steam Disinfection
a) Application for issuance/reissuance of the Professional Practice Certificate for Steam Disinfection by the applicant, model in Appendix 7 issued together with this Circular;
b) A copy of the bachelor's degree diploma in one of the following majors: chemistry, plant protection, crop production, or agriculture (original to be presented for verification) or certified copy;
c) Health certificate issued by a health authority at district level or higher, valid for six (06) months from the date of issue;
d) A copy of the Identity Card (original to be presented for verification) or certified copy;
e) Two photographs measuring 4cm x 6cm.
5. Documents for issuing/reissuing the Steam Disinfection Card
a) Application for issuance/reissuance of the Steam Disinfection Card, model in Appendix 8 issued together with this Circular;
b) A copy of the training results in steam disinfection activities (original to be presented for verification) or certified copy;
c) Health certificate issued by a health authority at district level or higher, valid for six (06) months from the date of issue;
d) A copy of the Identity Card (original to be presented for verification) or certified copy;
đ) Two photographs measuring 2cm x 3cm.

4. Article 9 of the Regulation shall be amended and supplemented as follows:

"Article 9. Duration and provisions for reissuing the Certificate of Eligibility for Professional Practice, Professional Practice Certificate, and Steam Disinfection Card

1. The Certificate of Eligibility for Professional Practice in Steam Disinfection is valid for five (05) years. Three (03) months before the expiry of the Certificate, the organization must submit one (01) set of application documents for reissuing the Certificate of Eligibility for Professional Practice in Steam Disinfection to the competent authority issuing the certificate. The Professional Practice Certificate and Steam Disinfection Card have indefinite validity. The models of the Professional Practice Certificate and Steam Disinfection Card are in Appendices 1, 2, 3, and 4 issued together with this Circular.

2. The competent authority issuing the Certificate of Eligibility for Professional Practice, Professional Practice Certificate, and Steam Disinfection Card will review and reissue these certificates in the following cases:

a) Any change in the contents or information related to the Certificate of Eligibility for Professional Practice, Professional Practice Certificate, or Steam Disinfection Card.

b) In case of damage, wear and tear, or unclear information on the Certificate of Eligibility for Professional Practice, Professional Practice Certificate, or Steam Disinfection Card.

c) In case of loss or misplacement, there must be an explanation from the organization or individual applying for reissuance.

4. The procedures and formalities for reissuing the Certificate of Eligibility for Professional Practice, Professional Practice Certificate, and Steam Disinfection Card shall be carried out according to the initial issuance procedures. In the cases stipulated in Points a, b, Clause of this Article, when reissuing, the previously issued certificates must be recalled.

5. Amend and supplement appendices:

a) Amend and supplement Appendices 2a, 2b, 3a, 3b issued together with Decision No. 89/2007/QĐ-BNN to become Appendices 1, 2, 3, 4 issued together with this Circular.

b) Amend and supplement Appendix 4 issued together with Decision No. 89/2007/QĐ-BNN to become Appendix 5 issued together with this Circular.

c) Amend and supplement Appendix 5 issued together with Decision No. 89/2007/QĐ-BNN to become Appendix 7 issued together with this Circular.

d) Amend and supplement Appendix 6 issued together with Decision No. 89/2007/QĐ-BNN to become Appendix 8 issued together with this Circular.

đ) Supplement Appendix 6, issued together with this Circular.

1. Article 3 of the Regulations shall be amended and supplemented as follows:

"Article 3. Competence, Responsibilities, and Time Limit for Issuing/Renewing Practice Certificates
1. The Provincial Plant Protection Agency (hereinafter referred to as the Plant Protection Agency) under the central city is the authority responsible for issuing practice certificates for the production, processing, bottling, packaging, and trading of plant protection chemicals (hereinafter referred to as the practice certificate).
2. The Plant Protection Agency is responsible for receiving, examining, and processing applications for issuing practice certificates.
3. The time limit for reviewing and issuing/renewing practice certificates is three (03) working days from the date of receipt of complete application files in accordance with the law. In cases where the applicant resides in remote, isolated areas or regions where travel is difficult, the time limit is twelve (12) working days from the date the Plant Protection Station receives complete application files in accordance with the law. If the practice certificate cannot be issued due to any reason, the Plant Protection Agency must respond in writing to the applicant."

2. Article 4 of the Regulations shall be amended and supplemented as follows:

"Article 4. Scope, Format of Practice Certificates, and Fees for Issuing Practice Certificates
1. The practice certificate has nationwide validity and is perpetual.
2. The practice certificate is issued according to a unified format throughout the country as set out in Appendices 11 and 12 issued together with this Circular.
3. The person who obtains the practice certificate must pay fees and charges as prescribed by law."

3. Supplement Article 4a

"Article 4a. Reissuing and Revoking Practice Certificates
1. The practice certificate will be reissued in the following cases:
a) The practice certificate is lost, damaged and cannot be used;
b) There is a change in the information of the person who has been issued the practice certificate related to the content of the practice certificate.
c) Cases stipulated in Clause 2 of this Article after complying with the relevant laws. For cases stipulated in Points a and b of this Clause, when reissuing, the previously issued certificate must be revoked.
2. The practice certificate will be revoked in the following cases:
a) The practice certificate was issued incorrectly (due to the fault of the applicant or the issuing authority);
b) The holder of the practice certificate fails to attend two consecutive training courses organized by the Plant Protection Agency on specialized knowledge and new legal documents.
3. The Provincial Plant Protection Agency that issues the practice certificate has the right to reissue or revoke the practice certificate."

4. Article 8 of the Regulations shall be amended and supplemented as follows:

"Article 8. Procedures for Issuing/Renewing Practice Certificates for the Production, Processing, Bottling, and Packaging of Plant Protection Chemicals
1. Application Files for Issuing/Renewing Practice Certificates
a) Application form for issuing/renewing practice certificates for the production, processing, bottling, and packaging of plant protection chemicals, model at Appendix 9 issued together with this Circular;
b) Photocopies and original copies for verification or certified true copies of graduation certificates from university level or higher in chemistry or agriculture (one of the majors in crop production, plant protection);
c) Health certificate issued by health authorities at district level or higher, valid for six months from the date of issuance;
d) Two photographs measuring 4 cm x 6 cm. 2. Organizations and individuals submit application files to the competent authority either directly or through postal service, with one (01) set of files required."

5. Article 10 of the Regulations shall be amended and supplemented as follows:

"Article 10. Procedures for Issuing/Renewing Practice Certificates for Trading Plant Protection Chemicals
1. Application Files for Issuing/Renewing Practice Certificates:
a) Application form for issuing/renewing practice certificates for trading plant protection chemicals, model at Appendix 10 issued together with this Circular;
b) Photocopies and original copies for verification or certified true copies of graduation certificates from secondary vocational level or higher in one of the majors in crop production, plant protection, biology, agricultural education, or a certificate of attendance at a specialized course on plant protection chemicals organized by the Provincial Plant Protection Agency;
c) Health certificate issued by health authorities at district level or higher, valid for six months from the date of issuance;
d) Two photographs measuring 4 cm x 6 cm. 2. Organizations and individuals submit application files to the competent authority either directly or through postal service, with one (01) set of files required."

5. Article 12 of the Regulations shall be amended and supplemented as follows:

"Article 12. Responsibilities of the Person Holding the Practice Certificate The person holding the practice certificate is obligated to practice in accordance with the content of the issued practice certificate; annually, they must participate in training courses organized by the Plant Protection Agency on specialized knowledge and new legal documents. The person holding the practice certificate must contact and report their activities when requested by the Plant Protection Agency that issued the practice certificate."

6. Article 13 of the Regulations shall be amended and supplemented as follows:

"Article 13. Responsibilities of the Plant Protection Agency
1. The Plant Protection Agency is responsible for promoting and guiding procedures for issuing practice certificates; updating new legal documents and other relevant regulations on plant protection chemicals to organize dissemination and promotion.
2. Annually, the Plant Protection Agency organizes or collaborates to organize training courses on specialized knowledge and new legal documents on plant protection chemicals and issues Certificates of Attendance, model at Appendix 7, issued together with Decision No. 97/2008/QĐ-BNN. The duration of the training course is from one to three days.
3. Within ten (10) days from the date of issuing the practice certificate for the production, processing, bottling, and packaging of plant protection chemicals, the Plant Protection Agency must send photocopies of the entire application file for issuing the practice certificate to the Plant Protection Department for monitoring."
4. The agency must retain files and establish a record of issuance of practice certificates at the unit to serve the issuance and reissuance of practice certificates. Quarterly and annually, reports shall be submitted to the Plant Protection Department.

7. Amend and supplement annexes

a) Amend and supplement Annex 1 issued together with Decision No. 97/2008/QĐ-BNN dated October 6, 2008, to become Annex 9 issued together with this Circular.

b) Amend and supplement Annex 2 issued together with Decision No. 97/2008/QĐ-BNN dated October 6, 2008, to become Annex 10 issued together with this Circular.

c) Amend and supplement Annex 4 issued together with Decision No. 97/2008/QĐ-BNN dated October 6, 2008, to become Annex 11 issued together with this Circular.

d) Amend and supplement Annex 5 issued together with Decision No. 97/2008/QĐ-BNN dated October 6, 2008, to become Annex 12 issued together with this Circular.

Article 3. Effectiveness

1. This Circular takes effect forty-five days from the date of signature.

2. For fumigation disinfection practice certificates, fumigation disinfection cards, production, processing, bottling, packaging, trading plant protection chemicals practice certificates that have been issued before the effective date of this Circular and marked with the validity period of the certificate or card, they will be considered to have indefinite validity if the certificate or card holder does not request reissuance. For fumigation disinfection qualification certificates issued before the effective date of this Circular, their validity will be extended for two additional years from the expiration date of the certificate.

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