Circular No. 88/2011/TT-BNNPTNT guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency, purchase, sale, processing, and transit of goods with foreign countries in the fields of agriculture, forestry, and fisheries.

CIRCULAR

Guidelines for implementing Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and agency, purchase, sale, processing, and transshipment of goods with foreign countries in the agricultural, forestry, and fisheries sectors.

Activities involving international trade in goods and agency, purchase, sale, processing, and transshipment of goods with foreign countries in the agricultural, forestry, and fisheries sectors.

In the fields of agriculture, forestry, and fisheries.

_____________________________

 

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; 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;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Commerce regarding international trade activities and agency, purchase, sale, processing, and transshipment of goods with foreign countries.

The Ministry of Agriculture and Rural Development stipulates the export and import procedures for goods under specialized management in the agricultural, forestry, and fisheries sectors as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the contents, procedures, and formalities for exporting and importing goods under specialized management in the agricultural, forestry, and fisheries sectors including:

1. Exporting logs, sawn timber, and firewood from natural forests; wood chips and charcoal made from logs or firewood originating from natural forests.

2. Exporting and importing wild animals and plants that are endangered, precious, and rare.

3. Exporting and importing plant seeds.

4. Exporting and importing animal seeds.

5. Exporting and importing live aquatic products.

6. Importing drugs, raw materials for drug production, vaccines, biological preparations, microorganisms, and chemicals used in veterinary medicine.

7. Importing raw materials and products for treating and improving aquaculture environments.

8. Importing drugs and raw materials for producing plant protection chemicals and living organisms used in plant protection.

9. Importing livestock feed.

10. Importing fertilizers and raw materials for fertilizer production.

11. Exporting and importing plant genetic resources for research, scientific exchange, and technological transfer.

Article 2. Applicability

This Circular applies to organizations, individuals, and traders (hereinafter referred to as Traders) engaged in export and import activities of goods under specialized management in the agricultural, forestry, and fisheries sectors.

Article 3. Explanation of Terms

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

1. Roundwood: includes unprocessed logs, round-sawn logs, peeled logs with a small end diameter of 10 cm to less than 20 cm and a length of 1 meter or more, or a small end diameter of 20 cm or more and a length of 30 cm or more (including unprocessed logs with branches, leaves, and a base diameter of 10 cm to less than 20 cm and a length of 1 meter or more, or a base diameter of 20 cm or more and a length of 30 cm or more). For endangered, precious, and rare species of wood, regardless of size.

2. Sawn timber: is wood that has been sawn, split, or peeled, with a thickness exceeding 6 millimeters (mm).

3. Complete wooden products (including fine woodcrafts and high-end wooden products): are products made from wood assembled completely according to the function of the product or disassembled parts of a complete product, which can be immediately used upon assembly.

4. Endangered, precious, and rare wild animals and plants: are species of wild animals and plants under the management of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those listed in the catalog of endangered, precious, and rare forest plants and animals issued together with Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of endangered forest plants and animals (hereinafter referred to as Decree No. 32/2006/NĐ-CP).

5. Aquaculture:

a) Live aquatic products: are species of aquatic animals and plants that still have the ability to grow and develop.

b) Aquatic seedlings: Are species of aquatic animals and plants, including eggs, embryos, sperm, and larvae used for producing seeds, breeding for commercial farming, ornamental purposes, and recreational use.

c) Live aquatic products for food: are species of aquatic animals and plants that are still alive and used for human consumption.

d) Risk assessment of imported live aquatic products for food: are activities aimed at identifying potential adverse effects on humans and the environment related to imported live aquatic products.

đ) Products for treating and improving aquaculture environments: Are substances or compounds derived from minerals, chemicals, animals, plants, microorganisms, and their preparations used to adjust the physical, chemical, and biological properties of aquaculture environments.

Article 4. Principles for implementing regulations on animal quarantine, plant quarantine; quality and food safety inspection of animals, plants, and goods derived from animals and plants imported into Vietnam.

1. Goods subject to animal quarantine, aquatic animal quarantine, animal product quarantine, aquatic product quarantine before clearance must comply with the provisions of the Ministry of Agriculture and Rural Development regarding the List of Animals Subject to Quarantine, Aquatic Animal Quarantine, Animal Product Quarantine, Aquatic Product Quarantine; the List of Animals; the List of Aquatic Animals, Animal Products, Aquatic Products Subject to Quarantine; the Procedures and Formalities for Animal Quarantine, Aquatic Animal Quarantine, Animal Product Quarantine, Aquatic Product Quarantine, and Veterinary Sanitation Inspection.

2. Goods subject to plant quarantine listed before clearance must comply with the provisions of the Ministry of Agriculture and Rural Development concerning the announcement of the List of Objects Subject to Plant Quarantine in Vietnam, the List of Objects Subject to Plant Quarantine in Vietnam, the List of Objects Subject to Plant Quarantine that require pest risk analysis prior to importation into Vietnam, and the issuance of regulations on inspection procedures and the establishment of plant quarantine records.

3. Goods subject to specialized management by the Ministry of Agriculture and Rural Development when imported into Vietnam must comply with the current regulations of the Ministry of Agriculture and Rural Development regarding quality and food safety inspections.

4. In cases where the border gate does not have a quarantine agency, goods will be cleared under a pre-registration and post-inspection mechanism. The quarantine agency may conduct quarantine simultaneously with the customs authority's inspection of goods or conduct quarantine after the goods have completed customs formalities at the time and place specified in the quarantine registration form.

5. For goods requiring quality and food safety inspections, they shall be implemented through a pre-registration and post-clearance inspection process.

6. After clearance, if goods do not meet the conditions for quarantine, quality, and food safety, they must be re-exported.

Article 5. Principles for Importing During the Period Awaiting Supplemental Inclusion in the List of Permitted Imports Without Prior Permission.

1. For goods outside the list of permitted imports without prior permission, after receiving recognition documents from specialized management agencies of the Ministry of Agriculture and Rural Development regarding the results of trials or risk assessments, traders may import according to demand, without quantity or value restrictions, and without the need to apply for an Import Permit.

2. Specialized management agencies of the Ministry of Agriculture and Rural Development are responsible for immediately publishing the results of trials or risk assessments and the list of goods on the specialized management unit’s website and the Ministry of Agriculture and Rural Development’s website at http://www.omard.gov.vn/, and sending it to the customs authority.

3. Based on the results of trials and risk assessments, the Ministry of Agriculture and Rural Development will supplement the corresponding lists of goods.

Article 6. General provisions on the procedures and formalities for issuing export and import permits for goods subject to specialized management in agriculture, forestry, and fisheries.

1. Procedures and methods: Merchants submit applications directly at the specialized management agency of the Ministry of Agriculture and Rural Development or send them via postal service.

a) The specialized management agency of the Ministry of Agriculture and Rural Development receives the application and immediately examines and guides the Merchant to supplement missing or non-compliant contents in case of direct submission or within three (03) working days from the date of receipt in case of submission through postal service.

b) In cases where the application is complete according to regulations, within five (05) working days, the specialized management agency of the Ministry of Agriculture and Rural Development must issue the Export and Import Permit or notify in writing the reasons for not issuing the Export and Import Permit.

2. Number of Applications: 01 set

3. Application components: Are stipulated in Articles 9, 12, 15, 19, 21, 24, 26, 28, 30, 34, and 36 of this Circular.

4. Methods of payment of fees and submission of results of issuing Export and Import Permits:

a) Merchants pay fees according to current regulations directly at the receiving agency, transfer by bank or send via postal service.

b) The receiving agency delivers the results directly at the place of submission or sends via postal service upon request of the merchant.

5. Implementing agencies: Are stipulated in Articles 9, 12, 15, 19, 21, 24, 26, 28, 30, 34, and 36 of this Circular.

6. Validity period of the permit: Stipulated in Articles 15, 21, 24, 28, and 30 of this Circular.

7. In cases where there are different provisions from those specified in Clauses 1, 2, 3, 4, 5, and 6 of this Article, they shall be implemented specifically in the Articles of Chapter II of this Circular.

Chapter II

SPECIFIC PROVISIONS

Section 1

EXPORT OF WOOD AND WOOD PRODUCTS; FIREWOOD, CHARCOAL MADE FROM WOOD OR FIREWOOD WITH ORIGIN FROM NATIVE FOREST

Article 7. Prohibition on exporting wood and native forest wood products (except for cases provided for in Article 8 of this Circular) includes:

1. Roundwood, sawn timber of all kinds.

2. Wood products belonging to Group IA (excluding wood as confiscated items under current regulations of the State) as prescribed in Decree No. 32/2006/ND-CP; wood products listed in Appendix I of CITES.

Article 8. Export under conditions or with a permit

1. Wood products belonging to Group IA as confiscated items under current State regulations; Group IIA as prescribed in Decree No. 32/2006/ND-CP may only be exported in the form of finished wooden products. When exporting, Merchants declare the quantity and type of goods to the Customs authority and bear responsibility for the legal origin of the wood, without needing a permit.

2. Wood products listed in Appendix II of CITES must have a permit issued by the Vietnamese CITES Management Authority when exporting.

3. When exporting firewood and charcoal, Merchants declare the quantity and type of goods to the Customs authority and bear responsibility for the legal origin of the goods, without needing a permit.

Article 9. Application components and issuing agency for export permits for wood products listed in Appendix II of CITES

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application for issuance of Export Permit according to Form No. 01/LN attached to this Circular;

b) Photocopy of the commercial contract concluded between the relevant parties;

c) Documentation proving the legal origin of the specimen according to current regulations (photocopy and original for comparison in case of direct submission; or certified photocopy in case of submission via postal service);

d) Photocopy of the Business Registration Certificate or identity card/passport for Merchants applying for the first time;

đ) Certified copy of Invoice and other documents proving the legal origin of confiscated wood;

2. Implementing agency: The Vietnamese CITES Management Authority

Merchants submit applications at one of the following addresses:

a) The Vietnamese CITES Management Authority:

- Address: House A3, No. 2 Ngoc Ha, Ba Dinh District, Hanoi

- Telephone: (04) 3733 5676; Fax: (04) 3734 6742

- Email: [email protected]; [email protected]

- Website: www.tongcuclamnghiep.gov.vn

b) Representative Office of the Vietnamese CITES Management Authority in the South:

- Address: 7th Floor, office building, No. 146 Nguyen Cong Tru Street, District 1, Ho Chi Minh City

- Telephone: (08) 3821 8206; Fax: (08) 3915 1120

- Email: [email protected]

Section 2

EXPORT AND IMPORT OF ENDANGERED, PRECIOUS, AND RARE WILD ANIMALS AND PLANTS

(except for wood and wood products regulated in Section I, Chapter II of this Circular)

Article 10. Export of wild animals, plants at risk of extinction, precious, and rare species

1. Prohibit the export for commercial purposes of wild animals and plants at risk of extinction, precious, and rare species collected from natural forests (except in cases provided for in Clause 3 of this Article), including:

a) Wild animals at risk of extinction, precious, and rare species belonging to groups IB and IIB, and wild forest plants belonging to group IA as stipulated in Decree No. 32/2006/NĐ-CP.

b) Wild animals and plants specified in Appendix I of CITES.

2. Prohibit the export of wild aquatic species at risk of extinction, precious, and rare species listed in the List of Aquatic Species Prohibited from Export attached as Appendix 01 to this Circular, except in cases provided for in Clause 4 of this Article.

3. Export of wild animals and plants at risk of extinction, precious, and rare species collected from natural forests pursuant to permits includes:

a) Wild animals and plants at risk of extinction, precious, and rare species as stipulated in Clauses 1 and 2 of this Article for export for diplomatic purposes, scientific research, exchange between zoos, botanical gardens, exhibitions, circus performances, exchange, and return of specimens among Competent Authorities managing CITES of countries.

b) Export for commercial purposes:

- Wild animals and plants at risk of extinction, precious, and rare species from nature specified in Appendix II of CITES;

- Forest plants from nature belonging to group IIA as stipulated in Decree No. 32/2006/NĐ-CP;

- Wild animals and plants at risk of extinction, precious, and rare species belonging to groups I and II as stipulated in Decree No. 32/2006/NĐ-CP; and those specified in Appendices I and II of the CITES Convention with origins from breeding and cultivation as stipulated in Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on management of export, import, re-export, import from sea, transit, breeding, growth, and artificial cultivation of wild animals and plants at risk of extinction, precious, and rare species.

4. Export of aquatic species pursuant to permits

Aquatic species listed in the List of Aquatic Species Prohibited from Export attached as Appendix 01 to this Circular may only be exported in cases of implementing international treaties that Vietnam has signed or joined.

Article 11. Import of wild animals, plants at risk of extinction, precious, and rare species

The import of wild animals and plants at risk of extinction, precious, and rare species specified in the Appendices of CITES must be granted a permit by the CITES Management Authority of Vietnam.

Article 12. Components of application dossier, authority issuing Import Permit for wild animals, plants at risk of extinction, precious, and rare species

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application form for Import Permit according to Form No. 01/LN issued together with this Circular;

b) Photocopy of the trade contract concluded between the relevant parties. In cases of non-commercial export as stipulated in point a, Clause 3, Article 10 of this Circular: Photocopy of the cooperation program agreement for scientific research or confirmation document for gifts, donations, or diplomacy (for research specimens, diplomacy) or Decision dispatching to participate in exhibitions or circus performances (for exhibition or circus performance specimens) issued by the competent ministry;

c) Photocopy of Business Registration Certificate or Establishment Decision or identity card/passport of the Trader making the first application for a permit (applicable to the application for Import Permit); d) Documentation proving the legal origin of the specimen according to current regulations (photocopy to be verified against the original if submitted directly; or certified photocopy if submitted through postal service

) (applicable to the application for Import Permit);đ) Photocopy of Export Permit or Re-export Permit issued by the CITES Management Authority of the exporting or re-exporting country

(applicable to the application for Import Permit); e) In case the imported specimen is live wild animals or plants

(applicable to the application for Import Permit) the following documents must be provided: - Confirmation document of the Forestry Inspection Department of the province or confirmation document of the specialized management agency of the provincial fisheries sector for aquatic species confirming the conditions for keeping and caring for the animals;

- Confirmation document regarding the importation of such specimen not adversely affecting the environment and conservation of animal and plant species in Vietnam for the first time imported into Vietnam by one of the following CITES Scientific Authorities of Vietnam:

+ Institute of Ecology and Biological Resources under the Vietnam Academy of Science and Technology;

+ Vietnam Forestry Science Institute under the Ministry of Agriculture and Rural Development;

+ Fisheries Research Institute under the Ministry of Agriculture and Rural Development;

+ Center for Natural Resources and Environment Research under Hanoi National University.

2. Implementing authority: As stipulated in Clause 2, Article 9 of this Circular.

EXPORT AND IMPORT OF PLANT SEEDS

Section 3

EXPORT AND IMPORT OF PLANT SEEDS

Article 13. Export of Plant Seeds

1. Merchants shall not export plant seeds listed in the Catalogue of Rare Plant Seeds Prohibited from Export as prescribed by the Ministry of Agriculture and Rural Development.

2. Merchants exporting plant seeds listed in the Catalogue of Rare Plant Genetic Resources for International Exchange in Special Cases and the Catalogue of Rare Plant Genetic Resources Restricted for International Exchange as prescribed by the Ministry of Agriculture and Rural Development must obtain written approval from the Minister of Agriculture and Rural Development.

3. Merchants exporting plant seeds not listed in the catalogues specified in Clauses 1 and 2 of this Article and the Catalogue of Plant Seeds Permitted to be Produced and Traded in Vietnam must obtain a permit from the General Department of Forestry (for forestry plant seeds) or the Crop Production Department (for agricultural plant seeds).

4. Merchants may export plant seeds not subject to the provisions of Clauses 1, 2, and 3 of this Article without seeking permission.

5. The documents and procedures for exporting plant seeds shall be carried out in accordance with the provisions of Articles 6 and 30 of this Circular.

Article 14. Import of Plant Seeds

1. Merchants importing plant seeds listed in the Catalogue of Plant Seeds or the Catalogue of Forestry Plant Seeds Permitted to be Produced and Traded in Vietnam do not need to seek permission.

2. Merchants importing plant seeds not listed in the Catalogue of Plant Seeds or the Catalogue of Forestry Plant Seeds Permitted to be Produced and Traded in Vietnam in the following cases must obtain a permit from the General Department of Forestry or the Crop Production Department:

a) Importing plant seeds for trial cultivation or experimental production;

b) Importing plant seeds for international cooperation purposes, for participation in exhibitions, as gifts, and to implement investment programs and projects.

Article 15. Components of Application Documents, Issuing Authority, and Validity of Import Permit for Plant Seeds

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application documents for obtaining a permit to import agricultural plant seeds:

- An import registration form according to Form No. 01/TTr issued together with this Circular;

- A technical declaration form according to Form No. 02/TTr issued together with this Circular;

- A copy of the decision recognizing the plant seed variety for trial production (for importing plant seeds for trial production);

- In the case of importing all quantities of plant seeds for the first time for trial cultivation or trial production: Supplementary approval document from the Provincial Department of Agriculture and Rural Development where the trial cultivation or trial production takes place;

- In the case of importing plant seeds for the second time or more for trial cultivation or trial production: Submission of a report on the results of previous imports, trials, and trial productions, no need to submit a technical declaration form;

- A copy attached with the original for verification if submitting directly; or a certified copy if submitting through postal service for the following documents:

+ Business Registration Certificate or Investment License or Decision Approving the Investment Project by the competent authority or international cooperation document or invitation letter for exhibition participation (depending on the purpose of importation).

If importing plant seeds to implement investment Programs and Projects, the application documents should include:

+ Approval document of the Program or Project by the People's Committee of the province;

+ Document from the Provincial Department of Agriculture and Rural Development where the Project is implemented requesting importation of seeds for the Project except for sports field projects.

b) Application documents for obtaining a permit to import forestry plant seeds:

- A forestry plant seed import registration form according to Form No. 02/LN issued together with this Circular;

- A pedigree of the imported plant seed according to Form No. 03/LN issued together with this Circular;

- Related documents such as purchase contracts or gift certificates from partners.

2. Time limit for supplementing and completing incomplete documents: Not exceeding three months from the date of receipt of the initial application. If the deadline is exceeded and the merchant does not complete the documents, a new application must be submitted.

3. Validity of the Permit: The permit is valid for one year from the date of issuance.

4. Implementing body:

a) For agricultural plant seeds: Crop Production Department

- Place to receive dossiers and deliver results: One-stop Service Desk - Office of the Crop Production Department

- Website:     www.cuctrongtrot.gov.vn.

- Address:       No. 2 Ngoc Ha - Ba Dinh - Hanoi

- Phone:  04.3823.4651       Fax: 04.3734.4967

- Email:        [email protected]

b) For forestry plant seeds: General Department of Forestry

- Place to receive dossiers and deliver results: Office of the General Department of Forestry

- Address:       No. 2 Ngoc Ha - Ba Dinh - Hanoi.

- Phone:  04.3843.8792       Fax: 04.3843.8793

- Email:        [email protected]

Section 4

EXPORT AND IMPORT OF ANIMAL BREEDING SEEDS

Article 16. Export of Livestock Breeds

1. Merchants exporting livestock breeds not listed in the Catalogue of Prohibited Exported Rare Livestock Breeds and the Catalogue of Rare Livestock Genetic Resources to be Preserved issued by the Ministry of Agriculture and Rural Development shall not need to apply for permission.

2. Merchants exchanging rare livestock breeds listed in the Catalogue of Prohibited Exported Rare Livestock Breeds and the Catalogue of Rare Livestock Genetic Resources to be Preserved with foreign countries for scientific research purposes or other special purposes as decided by the Minister of Agriculture and Rural Development shall not need to apply for permission.

Article 17. Import of Livestock Breeds

1. Merchants importing livestock breeds listed in the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam issued by the Ministry of Agriculture and Rural Development shall not need to apply for permission.

2. Merchants importing livestock breeds outside the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam for research, trial, or other special cases must obtain import permits from the Livestock Service.

Article 18. Import of Semen and Embryos

The importation of semen and embryos of livestock breeds for the first time must be permitted by the Livestock Service for trial purposes.

Article 19. Components of Application Documents and Authorities Issuing Export and Import Permits for Livestock Breeds

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application documents for the export of livestock breeds and rare livestock genetic resources:

- An application form for the export of livestock breeds or rare livestock genetic resources according to Form No. 01/CN issued together with this Circular;

- A history of rare livestock genetic resources to be exchanged internationally according to Form No. 02/CN issued together with this Circular;

- A copy of the cooperative research project or research contract containing contents related to the export of rare livestock genetic resources;

b) Application documents for the import of livestock breeds outside the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam:

- An application form for the trial of livestock breeds according to Form No. 03/CN issued together with this Circular;

- A pedigree record of the livestock breed including the breed name, breed grade, origin, quantity, economic and technical indicators, and breeding and care procedures, common diseases of the livestock (if any). The document must be confirmed by the competent authority of the exporting country. The original document must be accompanied by a certified Vietnamese translation;

- Content of trials and inspections (location, monitoring indicators);

- A copy of the cooperative research project or research contract containing contents related to the import of livestock breeds outside the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam;

- A copy to be carried along with the original for comparison in case of direct submission; or a certified copy in case of submission through postal service, accompanied by a Business Registration Certificate or Investment License for the first-time import registration.

c) Application documents for the import of semen and embryos:

- An application form for the import of semen and embryos according to Form No. 04/CN issued together with this Circular;

- Technical specifications of the dilution and preservation environment for semen, original documents accompanied by a certified Vietnamese translation;

- A copy to be carried along with the original for comparison in case of direct submission; or a certified copy in case of submission through postal service, accompanied by a Business Registration Certificate or Investment License for the first-time import registration.

2. Implementing Authority: Livestock Service.

- Address: No. 2 Ngoc Ha, Ba Dinh, Hanoi

- Telephone: 04.37345443 Fax: 04.37345444

- Email: [email protected]

Section 5

IMPORT OF VETERINARY DRUGS

Article 20. Importation of Veterinary Medicines

1. The importation of veterinary medicines in the following cases does not require a permit:

- Veterinary medicines that have been issued a Certificate of Circulation in Vietnam, except for vaccines and biological products which must be approved by the Department of Animal Health;

- Veterinary medicines that have not been issued a Certificate of Circulation in Vietnam temporarily imported for re-export under contracts signed with foreign countries.

2. Veterinary medicines and raw materials for veterinary medicines without a Certificate of Circulation in Vietnam when imported must be approved by the Department of Animal Health, including the following cases:

a) Raw materials to produce veterinary medicines that have been issued a Certificate of Circulation in Vietnam;

b) For testing and trial purposes for registration circulation;

c) For diagnosis and treatment of rare animals or imported pets not for commercial purposes;

d) As samples or for exhibition purposes.

3. In case of an urgent epidemic, the importation of vaccines without a Certificate of Circulation in Vietnam for epidemic prevention shall be decided by the Minister of Agriculture and Rural Development.

Article 21. Components of Application, Issuing Authority, Validity of Import Permit for Veterinary Medicines

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

- An application form for importing veterinary medicines according to Form No. 01/TY or Form No. 02/TY (for vaccine and microorganism imports) issued together with this Circular. At the same time, send the electronic file to the email address: [email protected];

- Certificates of Good Manufacturing Practice (GMP) or ISO certificates (for certain common chemicals);

- A certified copy of the Free Circulation Certificate (CFS) from the exporting country for imported medicine products;

- Quality analysis reports of the product from the manufacturer and the competent authority of the producing country (for vaccines and biological products);

- Product characteristics summary (for new medicines).

2. Implementing agency: Department of Animal Health

- Receiving office and result delivery: Office of the Department of Animal Health

- Address: 15/78 Giải Phóng, Phương Mai, Đống Đa, Hà Nội

- Telephone: +(844) 3869.5527/3869.6788

- Email: [email protected]

3. Validity of the permit: The permit is valid for 01 (one) year from the date of issuance.

Chapter 6

IMPORT OF PESTICIDES AND RAW MATERIALS FOR PESTICIDES AND LIVE ORGANISMS USED IN PLANT PROTECTION

LIVE ORGANISMS USED IN THE FIELD OF PLANT PROTECTION

Article 22. Importation of Pesticides and Raw Materials for Pesticides

1. Pesticides and raw materials for pesticides listed in the Catalogue of Pesticides Permitted for Use in Vietnam issued by the Ministry of Agriculture and Rural Development (the pesticide catalogue), when imported, do not require a permit.

2. The importation of pesticides and raw materials for pesticides in the following cases must be approved by the Plant Protection Department:

a) Pesticides and raw materials for pesticides listed in the Catalogue of Restricted Pesticides for Use in Vietnam or not listed in the Catalogue of Pesticides Permitted for Use in Vietnam issued by the Ministry of Agriculture and Rural Development;

b) Standard substances for pesticides not listed in the Catalogue of Pesticides Permitted for Use in Vietnam for the purpose of checking pesticide residues and illegal pesticide imports.

Article 23. Import of live organisms for plant protection purposes

A trader is only permitted to import live organisms for plant protection purposes when holding an Entry Plant Quarantine Permit issued by the Plant Protection Department.

Article 24. Components of application dossier, issuing authority of the Permit; validity of the Permit for importing plant protection chemicals, raw materials for plant protection chemicals, and live organisms for plant protection purposes

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application dossier for requesting an Entry Permit for importing plant protection chemicals and raw materials for plant protection chemicals:

- An application form for an Entry Permit for importing plant protection chemicals and raw materials for plant protection chemicals according to Form No. 01/BVTV or Form No. 02/BVTV (for importing Methyl Bromide) issued together with this Circular;

- A certified copy of the Business Registration Certificate for the trade in plant protection chemicals or agricultural supplies (to be submitted only once);

- A notarized copy of the import contract, export contract, or foreign contract manufacturing agreement in cases where plant protection chemicals and raw materials for plant protection chemicals are imported for re-export (including temporary import for re-export, contract manufacturing, repackaging, and export packaging);

- A certified copy of the Certificate of Eligibility for Fumigation and Sterilization Services in cases where fumigant sterilization chemicals are imported;

- A certified copy of the Free Sale Certificate (FSC) from the exporting country in cases where plant protection chemicals not listed in the approved usage list in Vietnam are imported.

b) Application dossier for requesting an Entry Permit for importing live organisms for plant protection purposes:

- Before importation:

+ An application form for an Entry Plant Quarantine Permit according to Form No. 03/BVTV issued together with this Circular;

+ Risk analysis documentation.

- At the time of importation:

+ The Entry Plant Quarantine Permit;

+ A quarantine registration form according to Form No. 04/BVTV issued together with this Circular.

2. Time limit for processing:

a) Processing time for issuing an Entry Permit for importing live organisms for plant protection purposes is thirty (30) working days from the date of receipt of a complete dossier.

b) Processing time for issuing a Plant Quarantine Certificate for importation, transit, and domestic transportation is twenty-four (24) hours.

3. Implementing agency:

a) The Plant Protection Department issues Entry Permits for importing plant protection chemicals and raw materials for plant protection chemicals; Entry Permits for importing live organisms for plant protection purposes

- Address: 149 Ho Dac Di, Dong Da - Hanoi

- Tel: 04.3533.0361 Fax: 04.3533.3056;

- Email: [email protected]

b) Plant quarantine agencies at border gates issue Plant Quarantine Certificates for importation, transit, and domestic transportation.

4. Validity of the Permit:

The Entry Permit for importing plant protection chemicals and raw materials for plant protection chemicals is valid for the entire consignment and for the period specified on the Permit. The Permit is valid for one (1) year from the date of issuance, specifically defined for each type of chemical listed on the Permit.

Section 7

IMPORT OF FEEDSTOCK FOR ANIMAL FEEDING

Article 25. Import of animal feed

1. The import of animal feed in the following cases does not require a permit:

a) Animal feed listed in the Catalogue of Aquatic Animal Feed and the Catalogue of Livestock and Poultry Feed permitted for circulation in Vietnam issued by the Ministry of Agriculture and Rural Development;

b) Animal feed that has national technical standards or national standards; For aquatic animal feed, industry standards may be applied.

2. The import of animal feed outside the provisions of Clause 1 of this Article must have a permit from the General Department of Fisheries (for aquatic animal feed) or a permit from the Department of Animal Husbandry (for livestock and poultry feed).

Article 26. Components of the application dossier and issuing authority for the Import Permit of animal feed

1. Components of the application dossier for importing to conduct trials:

- Application form for importing new animal feed for trial according to Form No. 01/CN-TS issued together with this Circular;

- Outline of the trial for new animal feed according to Form No. 05/CN for livestock and poultry feed or Form No. 06/TS for aquatic animal feed issued together with this Circular;

- Trial contract between the entity registering for the trial and the implementing unit recognized by the Ministry of Agriculture and Rural Development;

- Certified copy of the Business Registration Certificate or Investment License (only submitted once);

- Free Circulation Certificate of imported goods (CFS) issued by the competent authority of the exporting country;

- Composition, quality, function, and usage instructions provided by the manufacturer;

- Test report on the main components and hygiene safety indicators of the animal feed (for manufacturers holding one of the GMP, HACCP, ISO certificates or equivalent certificates) or original or certified copy of the analytical quality report of an independent laboratory or authorized agency of the producing country.

The dossier consists of original or certified copies accompanied by a Vietnamese translation stamped by the importer. If the original is not in English, the Vietnamese translation must be notarized.

2. Implementing agencies:

a) General Department of Fisheries (for aquatic animal feed):

- Place to submit the dossier: One-stop Service Desk - Office of the General Department of Fisheries

- Address: No. 10 Nguyen Cong Hanh Street, Ba Dinh District, Hanoi.

- Telephone: 04. 3724.5370; Fax: 04. 3724.5120;

b) Department of Animal Husbandry (for livestock and poultry feed):

- Place to submit the dossier: One-stop Service Desk - Office of the Department of Animal Husbandry

- Address:       No. 2 Ngoc Ha - Ba Dinh - Hanoi

- Telephone: 04.3734.5443; Fax: 04.3734.5444

- Email: [email protected]

Section 8

IMPORT OF FERTILIZERS

Article 27. Import of fertilizers

1. Merchants importing fertilizers listed in the Catalogue of Fertilizers Permitted for Production, Trading, and Use in Vietnam issued by the Ministry of Agriculture and Rural Development do not need to apply for a permit.

2. Merchants importing fertilizers outside the Catalogue of Fertilizers in the following cases must obtain a permit from the Crop Production Department:

a) New fertilizers for trial;

b) Special fertilizers for sports fields;

c) Special fertilizers of foreign-invested companies for production within the company's premises;

d) Fertilizers as samples, for exhibitions, as gifts, or for scientific research;

đ) Fertilizers or other raw materials not listed in the Catalogue of Fertilizers for producing fertilizers already listed in the Catalogue or for producing export fertilizers under contracts.

Article 28. Components of the application file, issuing authority for Import Permit for fertilizers, and validity of the Import Permit for fertilizers

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application form for importing fertilizers according to Form No. 03/TTr issued together with this Circular;

b) Technical declaration according to Form No. 04/TTr issued together with this Circular;

c) A copy with original attached for verification in case of direct submission; or a certified copy in case of submission through postal service: Free Circulation Certificate (CFS) issued by the competent authority of the exporting country or territory.

d) One (01) foreign language version introducing the raw material components, nutrient contents, functions, usage instructions, warnings on transportation, storage, and use of fertilizers, accompanied by one (01) Vietnamese translation signed and stamped by the translation agency or the importer registration unit.

2. Time limit for supplementing and completing the incomplete application file: Not exceeding three (03) months from the date of the first submission. If the deadline is exceeded and the trader does not supplement or complete the file, a new application must be submitted.

3. Implementing agency: Plant Cultivation Department

- Place to receive applications: Single Window Unit - Office of the Plant Cultivation Department

- Address:       No. 2 Ngoc Ha - Ba Dinh - Hanoi.

- Phone:  04.3823.4651       Fax: 04.3734.4967

- Email:        [email protected]

4. Validity of the permit: The permit is valid for one (01) year from the date of issuance.

Section 9

EXPORT AND IMPORT OF PLANT GENETIC RESOURCES FOR RESEARCH AND SCIENTIFIC AND TECHNICAL EXCHANGE

Article 29. General provisions on export and import of plant genetic resources

1. Exporters of plant genetic resources listed in the Catalogue of Rare Plant Genetic Resources for International Exchange in Special Cases and the Catalogue of Restricted Rare Plant Genetic Resources for International Exchange, as prescribed by the Ministry of Agriculture and Rural Development, must obtain written approval from the Minister of Agriculture and Rural Development.

2. Exporters and importers of plant genetic resources not included in the Catalogues 1 and 2 as prescribed in Clause 1 of this Article, the Catalogue of Prohibited Exported Rare Plant Varieties, and the Catalogue of Permitted Production and Trade of Plant Varieties, as prescribed by the Ministry of Agriculture and Rural Development, must obtain permission from the Plant Cultivation Department.

Article 30. Components of the application file, issuing authority for Export/Import Permit for plant genetic resources for research and scientific and technical exchange, and validity of the Permit

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application form for exporting/importing plant genetic resources according to Form No. 05/TTr issued together with this Circular;

b) Information on the plant genetic resources being exported/imported according to Form No. 06/TTr issued together with this Circular;

c) A copy with original attached for verification in case of direct submission; or a certified copy in case of submission through postal service: Cooperation project for research; Research contract; Memorandum of Understanding with foreign partners for cases of exporting/importing plant genetic resources for scientific and technical cooperation.

2. Time limit for processing:

a) Processing time for cases stipulated in Clause 1 of Article 29 of this Circular is ten (10) working days from the date of receipt of a complete application file;

b) Processing time for cases stipulated in Clause 2 of Article 29 of this Circular is five (05) working days from the date of receipt of a complete application file.

3. Time limit for supplementing and completing the non-compliant application file: Not exceeding three (03) months from the date of the first receipt of the application file. If the deadline is exceeded and the trader does not supplement or complete the file, a new application must be submitted.

4. Validity of the permit: The permit is valid for one (01) year from the date of issuance.

5. Implementing agency: Plant Cultivation Department

- Place to receive applications and deliver results: Single Window Unit - Office of the Plant Cultivation Department

- Address: No. 2 Ngoc Ha - Ba Dinh - Hanoi.

- Phone:  04.3823.4651       Fax: 04.3734.4967

- Email:        [email protected]

- Website:     www.cuctrongtrot.gov.vn.

Section 10

EXPORT AND IMPORT OF SPECIALTY AQUATIC PRODUCTS

Article 31. Export of Live Aquatic Products

1. Merchants may export aquatic species not listed in the List of Prohibited Aquatic Species for Export attached as Appendix 1 to this Circular without seeking permission.

2. Aquatic species listed in the List of Conditionally Exported Aquatic Species attached as Appendix 02 to this Circular may only be exported when they meet the conditions set out in this Appendix, without seeking permission.

Article 32. Import of Aquatic Seed

1. Import of seed within the list

Merchants may import aquatic species listed in the List of Permitted Aquatic Seed for Production and Business issued by the Ministry of Agriculture and Rural Development or the former Ministry of Fisheries without seeking permission.

2. Import of seed outside the list

Aquatic species not listed in the List prescribed in Clause 1 of this Article, merchants importing in the following cases must be granted permission by the General Department of Fisheries:

9 ||| Article 32. Import of Aquatic Seed

a) Import for trial, research;

b) Import for exhibition at trade fairs, exhibitions;

c) Import for re-export under contracts signed with foreign countries.

Article 33. Import of Live Aquatic Products for Food

1. Import of aquatic species listed in the List of Permitted Live Aquatic Products for Food issued by the Ministry of Agriculture and Rural Development attached as Appendix 03 to this Circular does not require permission.

2. Aquatic species not listed in the List prescribed in Clause 1 of this Article, imported in the following cases must be granted permission by the General Department of Fisheries:

a) Import for risk assessment;

b) Import for exhibition at trade fairs, exhibitions;

c) Import for re-export under contracts signed with foreign countries.

Article 34. Components of Application Documents, Authority Issuing Import Permit for Live Aquatic Products

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) In case of importing aquatic seed for trial:

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified true copy of the Business Registration Certificate or Investment License;

- Photographs or drawings depicting the aquatic species being applied to import along with its trade name and scientific name;

- Description of biological characteristics and economic benefits of the aquatic species being applied to import;

- Outline of the aquatic seed trial program according to Form No. 02/TS of the testing facility.

b) In case of importing aquatic seed for research

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified true copy of the Business Registration Certificate or Investment License;

- Photographs or drawings depicting the aquatic species being applied to import along with its trade name and scientific name;

- Description of biological characteristics and economic benefits of the aquatic species being applied to import;

- Research outline of imported aquatic seed according to Form No. 03/TS issued together with this Circular approved by the competent authority;

c) In case of importing aquatic seed, live aquatic products for exhibition at trade fairs, exhibitions

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified true copy of the Business Registration Certificate or Investment License;

- Photographs or drawings depicting the aquatic species being applied to import along with its trade name and scientific name;

- Proof of participation in trade fairs, exhibitions in Vietnam;

- Plan for handling products after the exhibition period.

d) In case of importing aquatic seed, live aquatic products for re-export under contracts signed with foreign countries

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified true copy of the Business Registration Certificate or Investment License;

- Photographs or drawings depicting the aquatic species being applied to import along with its trade name and scientific name;

- Outline of the aquatic seed trial program according to Form No. 02/TS of the testing facility.

- Notarized copy of the Re-export Contract signed with foreign countries;

- Explanation on transportation and storage conditions for live aquatic products.

đ) In case of importing live aquatic species for risk assessment:

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified true copy of the Business Registration Certificate or Investment License;

- Photographs or drawings depicting the aquatic species being applied to import along with its trade name and scientific name;

- Description of biological characteristics and economic benefits of the aquatic species being applied to import;

- Risk assessment outline;

- Certified true copy of the Origin and Export Certificate.

In case of submitting applications directly, the documents prescribed in Clause 1 of this Article shall be copies, carrying the original for verification. Documents in foreign languages must have a certified translation into Vietnamese.

2. Implementing agency: General Department of Fisheries

- Place to receive applications: One-stop Service Desk - Office of the General Department of Fisheries

- Telephone: 043.7245370. Fax: 043.724.5120;

- Address: No. 10 Nguyen Cong Hanh Street, Ba Dinh District, Hanoi.

- Telephone: 043.7245370. Fax: 043.724.5120;

Article 35. Import of products for treating and improving aquaculture environment

1. Import of products for treating and improving aquaculture environment does not require permission in the following cases:

a) Products for treating and improving aquaculture environment listed in the Catalogue of products for treating and improving aquaculture environment permitted to circulate in Vietnam issued by the Ministry of Agriculture and Rural Development or the former Ministry of Fisheries.

b) Products for treating and improving aquaculture environment listed in the Catalogue of products for treating and improving aquaculture environment with conditions attached in Appendix 04 of this Circular when they meet the conditions stipulated in this Appendix.

c) Products for display at trade fairs or exhibitions.

2. Import of products for treating and improving aquaculture environment outside the Catalogue of products for treating and improving aquaculture environment permitted to circulate in Vietnam must obtain permission from the General Department of Fisheries in the following cases:

- Import for trial and research;

- Import for temporary import for re-export, processing, repackaging for export under contracts signed with foreign countries.

Article 36. Components of application dossier and issuing authority for import permit of products for treating and improving aquaculture environment

1. Components of application dossier:

a) In case of import for trial

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified copy of Business Registration Certificate, Investment License or Representative Office Establishment License of foreign traders in Vietnam;

- Certified copy of Free Circulation Certificate (CFS) issued by the competent authority of the exporting country;

- Summary of product characteristics, efficacy, safety of products for treating and improving aquaculture environment according to Form No. 04/TS issued together with this Circular;

- Test report of the product by the manufacturer and by the competent authority of the producing country or an independent testing laboratory;

- Trial plan of products for treating and improving aquaculture environment by the trial facility recognized by the Ministry of Agriculture and Rural Development according to Form No. 05/TS issued together with this Circular;

- Inspection report on the conditions of the trial facility concluded by the competent authority meeting current requirements.

b) In case of import for research

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified copy of Free Circulation Certificate (CFS) issued by the competent authority of the exporting country;

- Summary of product characteristics, efficacy, safety of products for treating and improving aquaculture environment according to Form No. 04/TS issued together with this Circular;

- Test report of the product by the manufacturer and by the competent authority of the producing country or an independent testing laboratory;

- Certified copy of Decision on establishment of the research institution or Business Registration Certificate;

- Approved research proposal.

c) In case of import for production and processing with the purpose of re-export under contracts signed with foreign countries

- A specialized application form for importing goods according to Form No. 01/TS issued together with this Circular;

- Certified copy of Business Registration Certificate, Investment License or Representative Office Establishment License of foreign traders in Vietnam;

- Certified copy of Free Circulation Certificate (CFS) issued by the competent authority of the exporting country;

- Summary of product characteristics, efficacy, safety of products for treating and improving aquaculture environment according to Form No. 04/TS issued together with this Circular;

- Test report of the product by the manufacturer and by the competent authority of the producing country or an independent testing laboratory;

- Re-export contract signed with foreign countries.

In case of submitting applications directly, the documents prescribed in Clause 1 of this Article shall be copies, carrying the original for verification. Documents in foreign languages must have a certified translation into Vietnamese.

2. Implementing agency: General Department of Fisheries

2. Implementing agency: General Department of Fisheries.

- Place of receipt and delivery of results: Single Window Unit - General Department of Fisheries Office

- Address: No. 10 Nguyen Cong Hanh Street, Ba Dinh District, Hanoi.

- Telephone: 043.7245370. Fax: 043.724.5120;

Chapter III

IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces Circular No. 60/2009/TT-BNNPTNT dated September 16, 2009 of the Minister of Agriculture and Rural Development guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006;

Repeal Clause 7, Article 1 of Circular No. 18/2011/TT-BNNPTNT dated April 6, 2011 of the Minister of Agriculture and Rural Development amending, supplementing, and abolishing some provisions on administrative procedures in the field of plant protection and quarantine according to Resolution No. 57/NQ-CP dated December 15, 2010;

Repeal Clause 5, Article 1 of Circular No. 20/2011/TT-BNNPTNT dated April 6, 2011 of the Minister of Agriculture and Rural Development amending, supplementing, and abolishing some provisions on administrative procedures in the field of animal health according to Resolution No. 57/NQ-CP dated December 15, 2010.

3. During the implementation process, if there are difficulties or obstacles, organizations, individuals, and traders should report to the Ministry of Agriculture and Rural Development for timely amendments and supplements./.