Decision No. 89/2002/QĐ-BNN Issuing Regulations on Plant Quarantine for Imported Plant Seeds and Beneficial Organisms.

DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Issuing Regulations on Plant Quarantine for Imported Seedlings and Beneficial Organisms

sinh vật có ích nhập khẩu. ||| imported beneficial organisms.

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government stipulating 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;
Considering the proposal of the Director General of the Plant Protection Department and the Director of the Science and Technology Quality Product Department,

DECISION:

Article 1. These Regulations on Plant Quarantine for Imported Seedlings and Beneficial Organisms are hereby issued pursuant to this Decision.

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Head of the Ministry's Office, the Director General of the Plant Protection Department, the Director of the Science and Technology Quality Product Department, the heads of units under the Ministry, and organizations and individuals related thereto shall be responsible for implementing this Decision.

REGULATIONS

On Plant Quarantine for Imported Seedlings and Beneficial Organisms
(Issued pursuant to Decision No. 89/2002/QĐ-BNN dated October 8, 2002 of the Minister of Agriculture and Rural Development)

Article 1. Scope and Applicability.

Article 1. These regulations apply in the field of Plant Quarantine (PQ) throughout the country.

Article 2. These regulations apply to objects subject to plant quarantine, which are imported seedlings and beneficial organisms.

Article 2. Definitions.

In these regulations, the following terms are understood as follows:

Point 1. Seedlings: include seeds, tubers, plants, parts of plants, other living materials (tissue cells, embryos, cells) used as seedlings.

Point 2. Permitted imported seedlings: are seedlings listed in the import permit directory established by the Ministry of Agriculture and Rural Development.

Point 3. New imported seedlings for the first time: are seedlings not included in the import permit directory established by the Ministry of Agriculture and Rural Development and imported into Vietnam for the first time.

Point 4. Beneficial organisms: include fungi, insects, animals, and other organisms that have a positive effect on plants or limit the harm caused by harmful organisms to plant resources.

Article 3. Regulations on Plant Quarantine for Imported Seedlings and Beneficial Organisms before Importation.

Clause 1. For permitted imported seedlings.

Organizations and individuals importing seedlings must declare to the Plant Protection Department at least three days in advance.

Sub-Clause a. Clause 2. For new imported seedlings for the first time.

Sub-Clause b. Organizations and individuals importing seedlings must submit: a letter from the Ministry of Agriculture and Rural Development (MARD) or a letter authorized by the Ministry to import; the scientific name of the seedling; pedigree of the seedling; origin of the seedling, pest components on the seedling; plan for using the seedling; testing location and other relevant documents (if any) to the Plant Protection Department at least ten days in advance.

The Plant Protection Department will determine the planting location to monitor pests and notify the owner of the object, the plant quarantine agency at the port of entry at least five days in advance.

Sub-Clause a. Clause 3. For imported beneficial organisms.

Sub-Clause b. Organizations and individuals importing beneficial organisms must submit a letter from the MARD or a letter authorized by the Ministry to import; information about geographic distribution, biological characteristics, ecology, purpose of use, breeding location, and other relevant documents (if any) to the Plant Protection Department at least ten days in advance.

The Plant Protection Department will notify the owner of the object, the plant quarantine agency at the port of entry about the import of beneficial organisms at least five days in advance.

Article 4. Regulations on Plant Quarantine for Imported Seedlings and Beneficial Organisms at the Port of Entry.

- Clause 1. Checking documents.

- Import Permit for Plant Quarantine;

- Exporting Country's Plant Quarantine Certificate;

- Other relevant documents (if any);

Plant Quarantine Registration Form (according to the model in Decision No. 82/2002/QĐ-BNN).

Clause 2. Inspection and sampling.

Sub-Clause a. Method:

- For seedlings that are tubers or fruits: Follow industry standard No. 10 TCN 336-98: Plant Quarantine - Methods for inspecting exported, imported, and transiting tubers and fruits.

- For seedlings that are seeds: Follow industry standard No. 10 TCN 337-98: Plant Quarantine - Methods for inspecting exported, imported, and transiting seeds.

- For seedlings that are plants, branches, or shoots: Follow industry standard No. 10 TCN 338-98: Plant Quarantine - Methods for inspecting exported, imported, and transiting plants.

Sub-Clause b. Sample processing:

- Samples of permitted imported seedlings, after analysis and identification of harmful organism components, must be stored partially at the port of entry, with the remaining portion sent to the Post-Import Plant Quarantine Center for planting in a quarantine area. The entire consignment must be transported to the registered planting location.

- Samples of newly imported seedlings for the first time, after analysis and identification of harmful organism components, must be sent to the Post-Import Plant Quarantine Center for planting in a quarantine area. The entire consignment must be transported to the location specified by the Plant Protection Department.

- For other living materials:

Inspect 100% of the consignment at the port of entry. No sampling is required at the port of entry. The entire consignment must be transported to the specified location.

- For beneficial organisms:

Inspect 100% of the consignment at the port of entry. No sampling is required. The entire consignment must be transported to the specified breeding location.

Clause 3. Completing procedures.

Sub-Clause a. After inspection and analysis, if the seedlings meet the conditions for importation, the plant quarantine agency at the port of entry will issue an Import, Transit, and Domestic Transport Plant Quarantine Certificate (Model No. 10 of Decision No. 118/2000/QĐ-BNN-BVTV dated November 20, 2000 of the Minister of Agriculture and Rural Development).

Sub-Clause b. Notify Plant Quarantine: After issuing the Import, Transit, and Domestic Transport Plant Quarantine Certificate, the plant quarantine agency at the port of entry must send a notification of plant quarantine:

- For permitted imported seedlings: Send to the Plant Protection Department, the Post-Import Plant Quarantine Center, and the Provincial Plant Protection Agency where the seedlings are planted.

- For newly imported seedlings for the first time: Send to the Plant Protection Department, the Post-Import Plant Quarantine Center, the Regional Plant Quarantine Agency responsible, and the Provincial Plant Protection Agency where the seedlings are planted according to the specified location.

- For beneficial organisms: Send to the Plant Protection Department and the Post-Import Plant Quarantine Center for monitoring during the breeding process.

Clause 4. Fees for Plant Quarantine for Imported Seedlings and Beneficial Organisms shall be implemented according to current regulations.

Article 5. Regulations on Post-Import Plant Quarantine for Imported Seedlings and Beneficial Organisms

- 1. For imported plant varieties that are permitted.

- Monitor latent diseases under quarantine conditions.

Monitor pest situations at planting sites.

- 2. For new varieties being imported for the first time:

- Monitor latent diseases under quarantine conditions.

- Monitor pests after importation at the specified quarantine location.

After the monitoring period (as stipulated in the attached annex), the Plant Protection Agency must respond with whether the variety can be released for production.

- 3. For beneficial organisms.

- Monitor the development of beneficial organisms at the designated breeding facility;

- Evaluate their efficacy and host range;

After the monitoring period (as stipulated in Article 6), the Plant Protection Agency must respond with whether the organism can be released on a wider scale.

Article 6. Provisions for monitoring periods for pests associated with new groups of crop varieties being imported for the first time and beneficial organisms being imported.

Article 7. Implementation Provisions

During implementation, if there are any difficulties or new issues arise, organizations and individuals shall promptly report them to the Plant Protection Bureau for consolidation and reporting to the Ministry of Agriculture and Rural Development for resolution, amendment, and supplementation of this Regulation as appropriate.