Circular No. 88/2007/TT-BNN guiding the implementation of domestic plant quarantine work

CIRCULAR

Guidelines for Implementing Domestic Plant Quarantine Work

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To implement the Plant Protection and Quarantine Law dated August 8, 2001, and Decree No. 02/2007/NĐ-CP dated January 5, 2007, of the Government on Plant Quarantine; to ensure effective and consistent domestic plant quarantine activities, the Ministry of Agriculture and Rural Development guides the implementation of domestic plant quarantine work at provincial and centrally governed city levels as follows:

I. GENERAL PROVISIONS

1. Principles of Domestic Plant Quarantine

Domestic plant quarantine is an inseparable component of plant protection work and plant quarantine for import and export.

Domestic plant quarantine must promptly and accurately detect pests within its scope of regulation and apply effective measures to address them when they appear locally.

2. Scope of Application

This Circular applies to domestic plant quarantine activities throughout the country.

3. Applicable Subjects

Organizations and individuals, both domestic and foreign, involved in domestic plant quarantine work must comply with the provisions set forth in this Circular.

4. Provisions for Plant Quarantine Officers

While performing duties, officers must wear uniforms, insignia, badges, and quarantine identification cards. The regulations regarding the issuance and use of uniforms for plant quarantine officials, veterinary quarantine officials, and plant protection inspectors are detailed in Decision No. 58/2007/QĐ-BNN dated June 15, 2007, of the Minister of Agriculture and Rural Development; and Circular No. 92/TT-LB dated December 13, 1995, jointly issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development, guiding the implementation of uniform regulations for plant quarantine officials, animal quarantine officials, plant protection inspectors, and veterinary inspectors.

They shall enjoy occupational allowance benefits as stipulated in Decision No. 132/2006/QĐ-TTg dated May 31, 2006, of the Prime Minister, which sets out the occupational allowances for forestry, plant protection, veterinary, and flood control officials.

5. Handling Violations

Organizations and individuals who violate the regulations on domestic plant quarantine will be subject to penalties under current laws.

II. CONTENTS OF DOMESTIC PLANT QUARANTINE WORK

1. Management of Pests Within the Scope of Regulation for Imported Plant Germplasm and Beneficial Organisms

a) For Imported Plant Germplasm

Verify the Phytosanitary Certificate for plant germplasm authorized for production and trade or the Phytosanitary Certificate for newly imported plant germplasm issued by the competent plant quarantine authority of Vietnam. In cases where such certificates are not available, plant quarantine officers shall prepare a violation report to be transferred to the specialized plant protection and quarantine inspection agency for handling, while simultaneously conducting phytosanitary procedures on the non-compliant consignment.

Monitor, inspect, and supervise pests at planting sites as reported by the plant quarantine authority or declared by the local owner of the material. Upon detecting regulated pests on imported plant germplasm, the Provincial Plant Protection Agency (hereinafter referred to as the Provincial Plant Protection Agency) must report to the Regional Plant Quarantine Agency to take timely measures, while directly guiding and supervising the owner to implement pest control measures.

Pest monitoring and supervision for imported plant germplasm shall be conducted according to current regulations. Investigation and monitoring results shall be recorded in the model report attached as Appendix 1. Monitoring duration shall be from planting until harvest for short-cycle crops, and two years from planting for long-cycle crops.

For domestically produced plant germplasm transported internally without originating from or passing through a pest-infested area, there is no need to undergo phytosanitary procedures.

b) For Imported Beneficial Organisms

Verify the Import Phytosanitary Certificate and Post-Import Phytosanitary Certificate issued by the competent plant quarantine authority.

Guide and supervise the use of imported beneficial organisms at local sites.

2. Management of Pests Within the Scope of Regulation for Stored Plant Products

a) Regularly investigate, monitor, and supervise pests on imported plant products stored in warehouses and at production, processing, manufacturing, and consumption facilities to detect regulated pests. Investigation and monitoring results shall be recorded in the model report attached as Appendix 2.

b) When regulated pests or unknown harmful organisms are detected, the Provincial Plant Protection Agency must report to the Regional Plant Quarantine Agency, while guiding and supervising the owner to implement pest control measures.

3. Management of Infected Objects, Pest Outbreak Sites, and Pest-Infested Areas

a) Management of Imported Plant Quarantine Objects Infected With Regulated Pests That Have Been Treated at the Port of Entry

Continue to closely monitor and track consignments that have been treated at the port of entry and brought to the locality as notified by the port plant quarantine authority.

b) Management of Pest Outbreak Sites Within the Scope of Regulation

When regulated pest outbreaks occur locally, the Provincial Plant Protection Agency must implement measures to limit the spread of pests, promptly report to the Regional Plant Quarantine Agency, and guide and supervise the owner to implement pest control measures.

In areas with multiple pest outbreaks posing a risk of becoming pest-infested regions, the Provincial Plant Protection Agency must immediately report to the competent authority to declare a pest outbreak according to Article 11 of the Plant Protection and Quarantine Law.

c) Management of Pest-Infested Areas

The Provincial Plant Protection Agency must quickly define the boundaries of the pest-infested area, report to the competent authority to declare the pest outbreak, establish quarantine checkpoints, specify quarantine locations, conduct quarantine procedures for objects subject to quarantine being transported from pest-infested areas to non-pest-infested areas, and inform neighboring plant protection agencies.

Inspect and supervise consignments of objects subject to plant quarantine from infected areas or passing through infected areas. In cases where these consignments do not have an Import Plant Quarantine Certificate, the Provincial Plant Protection Agency shall prepare a violation record and transfer it to the specialized inspection agency for plant protection and quarantine for handling, while simultaneously conducting plant quarantine procedures in accordance with regulations.

d) Manage pest-infested areas under regulation but not plant quarantine pests.

The Provincial Plant Protection Agency must regularly inspect and monitor pests under regulation but not plant quarantine pests in the locality. Upon discovering such pests, immediate measures should be applied to address them.

4. Manage and implement plant quarantine measures at the local level.

Implement state management over activities involving fumigation and sterilization of objects subject to plant quarantine and other plant quarantine measures at the local level according to current regulations.

Guide, supervise, and implement plant quarantine measures to eradicate pests under regulation at the local level.

5. Develop and implement programs to investigate and monitor pests under regulation concerning imported crop varieties and stored plant products.

a) Develop and implement programs to investigate and detect early pests under regulation at the local level.

b) Develop and implement monitoring programs for major crops and stored plant products at the local level according to regulations to establish pest-free zones.

6. Conduct plant quarantine on objects subject to plant quarantine for export, import, and transit.

Carry out when authorized in writing by the Plant Protection Department.

III. IMPLEMENTATION

1. The Director of the Plant Protection Department is responsible for assisting the Minister of Agriculture and Rural Development in directing, guiding, and inspecting provincial plant protection agencies, subordinate units of the department, and related organizations and individuals in organizing and implementing domestic plant quarantine work in accordance with the provisions of this Circular.

2. The Director of the Department of Agriculture and Rural Development of the province, centrally-administered city within the Central Government, within their scope and authority, assists the People's Committee of the province, centrally-administered city in inspecting and supervising the implementation of domestic plant quarantine work according to the provisions of this Circular.

3. The Regional Plant Quarantine Agency has the responsibility:

a) To guide and urge provincial plant protection agencies to carry out domestic plant quarantine work;

b) To train on domestic plant quarantine expertise and operations for provincial plant protection agencies;

c) To provide necessary information related to domestic plant quarantine work for provincial plant protection agencies.

4. The Provincial Plant Protection Agency has the responsibility:

a) To propose to the Department of Agriculture and Rural Development and the People's Committee of the province to establish a plant quarantine station under the agency. The station will be invested with personnel and equipment (in accordance with current regulations) and funding to effectively perform domestic plant quarantine work;

b) To directly carry out domestic plant quarantine work and guide the owners of objects to comply with domestic plant quarantine regulations;

c) To provide information upon request to the Regional Plant Quarantine Agency;

d) To report on domestic plant quarantine work in the locality quarterly (before June 20) and annually (before December 20) to the Regional Plant Quarantine Agency;

đ) To collect various fees and charges related to plant quarantine, the collection and use of plant quarantine fees and charges shall be implemented according to current regulations.

5. The owner of the object has the responsibility:

a) To declare in writing to the Provincial Plant Protection Agency about imported crop varieties supplied in the locality (Annex 3);

b) To continuously monitor the pest situation on stored plant products, in case of suspicion of being infected with regulated pests, promptly report to the Provincial Plant Protection Agency for inspection and guidance on handling measures;

c) To create conditions for plant quarantine officers to perform their duties in accordance with regulations;

d) To implement object treatment measures according to the guidance of the competent plant quarantine agency;

đ) To provide relevant information about the object when requested by the plant quarantine agency

IV. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days from the date of publication in the Official Gazette, replacing Circular No. 73/2003/TT-BNN dated July 1, 2003, issued by the Minister of Agriculture and Rural Development guiding the implementation of domestic plant quarantine work.

While implementing, if there are difficulties, organizations and individuals are advised to promptly reflect to the Ministry of Agriculture and Rural Development for research and resolution.