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DECREE No.
58/2002/ND-CP OF JUNE 3, 2002 PROMULGATING THE REGULATION ON PLANT
PROTECTION, THE REGULATION ON PLANT QUARANTINE AND THE REGULATION ON
MANAGEMENT OF PLANT PROTECTION DRUGS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 25, 2001 Ordinance on Plant Protection and
Quarantine;
At the
proposal of the Minister of Agriculture and Rural Development,
DECREES:
Article 1:
To promulgate
together with this Decree:
The Regulation on
Plant Protection;
The Regulation on
Plant Quarantine;
The Regulation on
Management of Plant Protection Drugs;
Article 2:
This Decree takes
implementation effect 15 days after its signing.
This
Decree shall replace Decree No. 92/CP of November 27, 1993 of the
Government promulgating therewith the Regulations on plant protection,
plant quarantine, and on management of plant protection drugs. The
previous stipulations contrary to this Decree shall all be annulled.
Article 3:
The ministers, the
heads of the ministerial-level agencies, the heads of the agencies
attached to the Government and the presidents of the People’s Committees
of the provinces and centrally-run cities shall have to implement this
Decree.
On behalf of
Government
Prime Minister
PHAN VAN KHAI
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REGULATION ON
PLANT QUARANTINE
(Issued together
with the Government’s Decree No. 58/2002/ND-CP of June 3, 2002)
Chapter I
GENERAL PROVISIONS
Article 1:
This Regulation
prescribes the work of quarantining imported, exported, transited and
domestic plants and treating objects subject to plant quarantine by
measure of disinfection vaporization.
Article 2:
In this
Regulation, the terms and phrases below shall be construed as follows:
1.
The plant
quarantine objects are harmful organisms having potential to cause
serious harms to plant resources in a region where such organisms have
not yet appeared or have appeared in narrow distribution;
2.
Articles
liable to plant quarantine are plants, plant products, means of
production, preservation or transport or other articles which possibly
carry plant quarantine objects;
3.
Plant
epidemic infection status means the extent and nature of the articles
infection with harmful organisms;
4.
Article
inspection covers investigation, observation, monitoring, sampling,
expertise and research in order to determine the infection status;
5.
Article
treatment covers the recycle, selection, sorting out, cleaning,
sterilization, return to places of origin, or destruction of articles;
6.
Disinfection means the annihilation of organisms which cause harms to
articles liable to plant quarantine;
7.
Epidemic
focus is a place where exist one or several kinds of harmful organisms
on the promulgated list of plant quarantine objects;
8.
Epidemic
region is a region infested with epidemic focuses;
9.
Lot of
articles means a given quantity of articles with similar conditions and
factors on infection proneness;
10.
Plant
quarantine location is a place where articles liable to plant quarantine
are inspected before being removed away.
Article 3:
Articles liable to
plant quarantine (also called articles in this Regulation) shall
include:
1.
Plants,
plant products;
2.
Means of
production, preservation or transport, earth, storehouses or other
articles which may carry plant quarantine objects.
Article 4:
Responsibilities
and powers of the plant quarantine bodies and articles owners are
prescribed as follows:
1.
The
articles owners must monitor, prevent and annihilate harmful organisms,
treat infected articles and those which fail to meet the import and/or
export criteria or transport them out of epidemic regions according to
regulation on plant quarantine.
Where
the infected articles must be urgently treated while the articles owners
are incapable of doing so, the plant quarantine bodies shall effect the
treatment.
Where
infected articles of various owners must be treated simultaneously while
the article owners cannot reach agreement on the treatment thereof, the
plant quarantine bodies shall make decisions and the articles owners
must implement them.
The
articles owners must bear all costs of treatment of the articles. Where
the articles owners are not available, the means owners, the transport
means operators, the articles preservers must implement the regulations
on plant quarantine with regard to the means and the articles they
carry, preserve on such means and bear all expenses for the treatment of
articles.
2.
The
competent plant protection and quarantine State bodies (also called
plant quarantine bodies in this Regulation) shall have to guide,
supervise and certify the application of measures of monitoring,
prevention, annihilation and treatment of articles.
Article 5:
The vaporization
for disinfection of export, import, transit, domestic articles, the
articles infected with plant quarantine objects must be conducted by
domestic organizations and/or individuals that meet all conditions
prescribed in Article 30 of this regulation.
Article 6:
Plant quarantine
procedures:
1.
The
articles owners or persons authorized by articles owners shall have to:
a)
Make
declarations at least 24 hours in advance to the nearest plant
quarantine offices;
For
hand luggage and luggage accompanied on transport means, which are
articles liable to plant quarantine, they must be declared in the
entry/exit declaration form and inspected on spot by the plant
quarantine bodies.
For
articles liable to plant quarantine, which are exports or imports or
being packed together with other exports, imports (except hand luggage,
accompanied luggage of passengers on exit, entry), the goods owners,
when submitting the customs dossiers for customs clearance, must have
the quarantine registration papers of the plant quarantine bodies.
b)
To create
favorable conditions for plant quarantine officials to inspect and
sample articles by opening, closing transport means, storehouses, goods
packages; to supply personnel for sampling;
c)
To pay
plant quarantine charges as prescribed
2.
The plant
quarantine bodies must inspect, re-inspect and give the results
immediately within 24 hours after the articles owners make declaration.
Where it is longer than 24 hours, the plant quarantine bodies must
notify the articles owners thereof.
Article 7:
In each period,
the Minister of Agriculture and Rural Development shall determine and
publicize:
1.
The list of
plant quarantine objects of Vietnam;
2.
The list of
articles liable to plant quarantine of Vietnam.
Article 8:
The procedures for
inspecting articles and compiling dossiers on plant quarantine must be
applied uniformly nationwide under the stipulations of the Ministry of
Agriculture and Rural Development.
Article 9:
The plant
quarantine officials, when performing their tasks:
1.
Must wear
uniform, badges, rank insignia and plant quarantine card;
2.
May enter
places where exist articles liable to plant quarantine;
3.
For secret
security and defense places and other special cases, they must be given
conditions, and guided in the performance of their tasks by the
competent authorities of those establishments in order to satisfy both
requirements of confidentiality and plant quarantine.
Article 10:
The coordination
among agencies in the work of plant quarantine is prescribed as follows:
1.
The customs
offices shall have to coordinate with the plant quarantine bodies in
inspecting and supervising articles. The customs procedures shall be
completed for articles liable to plant quarantine only after all plant
quarantine procedures are carried out. The contents of plant quarantine
declaration are reflected in the entry/exit declarations.
For
articles which the plant quarantine bodies force to re-export, force to
destroy or which, after being quarantined and concluded, are allowed for
export or import, the plant quarantine bodies shall have to notify such
to the customs offices at the border gates where such articles shall be
exported or imported, and at the same time take initiative in
coordinating with the customs offices and other relevant agencies in
settling and handling relevant matters at the request of the plant
quarantine bodies.
2.
The
concerned State bodies (Port Authority, Customs, Post Office, Police,
Border Guard, Market Management…) shall, within the ambit of their
functions and tasks, have to coordinate with the plant quarantine bodies
in inspecting, preventing and/or arresting subjects violating the plant
quarantine bodies in inspecting, preventing and/or arresting subjects
violating the plant quarantine regulations.
Chapter II
QUARANTINE OF
IMPORTED PLANTS
Article 11:
Objects imported
into Vietnam must satisfy the following conditions:
1.
Being
granted plant quarantine certificates by competent plant protection and
quarantine State agencies of the exporting countries;
2.
Being free
from plant quarantine objects and strange harmful organisms, if any,
they have already gone through treatment.
The
Minister of Agriculture and Rural Development shall prescribe plant
quarantine criteria for imported articles.
Article 12:
Procedures for
quarantine of imported plants:
1.
When the
imported articles arrive at the first border gate, the articles owners
must notify the nearest Vietnamese plant quarantine offices thereof. The
plant quarantine bodies shall carry out the procedures at the first
border gate. For special cases, the plant quarantine procedures shall be
carried out at other places with isolation conditions;
2.
The
declaration, inspection, treatment and granting of the certificates of
imported plants for imported articles shall comply with Articles 6 and 8
of this Regulation;
3.
When water
transport means carry articles liable to plant quarantine to buoy No.
“0”, the means owners shall have to make declaration and the Vietnamese
plant quarantine offices shall conduct the inspection; if no plant
quarantine objects are found, such means are allowed to enter ports; if
plant quarantine objects are detected, they must be treated absolutely.
The
inspection of imported articles carried on water transport means shall
be conducted at the quarantine locations in Vietnamese ports;
4.
Articles
temporarily imported for re-export or temporarily exported for re-import
must go through plant quarantine procedures like the imported articles.
Article 13:
1.
Organizations and individuals that import plant varieties and useful
organisms must satisfy the conditions prescribed in Article 11 of this
Regulation.
a)
For plant
varieties allowed to be imported, they may be only transported to and
sown or cultivated at places already registered at the import border
gates. When arriving at the above-mentioned locations, the said
organizations and individuals must make declaration with the competent
plant protection and quarantine State bodies in the localities for
further monitoring and inspecting the situation of harmful organisms;
b)
For new
plant varieties imported for the first time, they may be sown or
cultivated only at places prescribed by the plant quarantine bodies in
order to monitor the harmful organisms. Only after these bodies conclude
that they do not carry plant quarantine objects of Vietnam can they be
port into production; the duration of monitoring each plant group shall
comply with the stipulations of the Ministry of Agriculture and Rural
Development;
c)
For useful
organism, when having demands to import them, the articles owners must
supply relevant documents to the plant quarantine bodies for
consideration and decision by the Ministry of Agriculture and Rural
Development.
2.
The
quarantine of plant varieties and useful organisms must comply with the
technical process prescribed by the Ministry of Agriculture and Rural
Development.
3.
Organizations and individuals that import articles which may be used as
strains must also comply with the provisions prescribed for the import
of plant varieties.
Article 14:
Responsibilities
of plant quarantine bodies and articles owners in the transportation,
preservation and use of articles are prescribed as follows:
1.
The plant
quarantine bodies shall have the right to supervise the plant quarantine
of imported articles as from the time such articles are brought into the
Vietnamese territory.
2.
The
articles owners must have the plant quarantine certificates granted by
Vietnamese plant quarantine bodies and implement all measures prescribed
at such certificates in the course of transportation, preservation and
use of the articles.
Article 15:
The plant
quarantine bodies are allowed to coordinate with the plant quarantine
agencies of the exporting countries in inspecting and treating the to
be-imported articles in the exporting countries.
Article 16:
It is strictly
forbidden to introduce into Vietnam plant quarantine objects, strange
harmful organisms still alive at any growth stage; where they need to be
introduced into the country for research, the permission of the Minister
of Agriculture and Rural Development is required.
Article 17:
1.
The
treatment of articles infected with plant quarantine objects shall be
effected as follows:
a)
If the
articles are infected with plant quarantine objects not yet found in the
Vietnamese territory but on Vietnam’s list of plant quarantine objects,
they shall not be allowed for import and must be returned to their
places of origin or be destroyed. Where they can be absolutely treated
by other measures, such measures shall be applied;
b)
If the
articles are infected with plant quarantine objects with narrow
distribution in the Vietnamese territory and on Vietnam’s list of plant
quarantine objects or other strange harmful organisms, absolute
treatment measures to be decided by the plant quarantine bodies must be
taken before they are brought into the mainland. Where the treatment can
not be effected under Vietnamese conditions, they can be returned to
their place of origin or destroyed.
2.
The
treatment of articles adrift, dropped or leaked into Vietnam from
overseas shall fall under the jurisdiction of the plant quarantine
bodies in coordination with the local administration and relevant
agencies.
Chapter III
QUARANTINE OF
EXPORT PLANTS
Article 18:
The plant
quarantine bodies shall effect the plant quarantine of export articles
in the following cases:
1.
It is so
requested under sale and purchase contracts, or prescribed by the
international treaties which Vietnam has signed or acceded to;
2.
The
articles owners request plant quarantine.
Article 19:
The procedures for
quarantine of export articles shall include:
1.
When the
export articles arrive at the final border gate or at places where the
articles are exported to foreign countries, the article owners must
notify in advance the nearest plant quarantine bodies thereof;
2.
The plant
quarantine bodies shall carry out the quarantine procedures and can
issue decisions or accept the requests of the articles owners to conduct
the preliminary inspection at the production or preservation
establishments lying deep in the mainland and re-inspect at the final
border gate; for this case, the inspection and re-inspection must also
be conducted to grant the plant quarantine certificates;
3.
The
declaration, inspection, treatment, granting of plant quarantine
certificates for export articles shall comply with the provisions in
Article 6 and 8 of this Regulation.
Article 20:
Responsibilities
of plant quarantine bodies and articles owners in the transportation of
articles out of Vietnamese territory are prescribed as follows:
1.
The plant
quarantine bodies shall have the right to supervise the plant quarantine
of export articles from the time the articles are inspected,
re-inspected, granted plant quarantine certificates to the time they are
transported out of Vietnamese territory;
2.
The export
articles owners must acquire plant quarantine certificates as provided
for in Article 18 of this Regulation for the transportation of articles
from the places of plant quarantine of export articles to foreign
countries and must apply measures prescribed in such certificates.
Chapter IV
QUARANTINE OF
TRANSIT PLANTS
Article 21:
The transit or
storage of articles in warehouses or yards in the Vietnamese territory
must be notified in advance to and consented by the Vietnamese plant
quarantine bodies; and the articles must be packed according to the
commodity specifications in order to avoid the spread of harmful
organisms in the process of transportation and storage.
Article 22:
Procedures for
quarantine of export plants shall include:
1.
When the
articles transit through the first Vietnamese border gate, the articles
owners must declare with the nearest plant quarantine offices and
produce the plant quarantine certificates of the countries of origin;
2.
The
Vietnamese plant quarantine bodies shall have the right to supervise
such articles, inspect the transport means and the outside of the
articles.
Article 23:
If the articles
transiting Vietnam are found with Vietnam’s plant quarantine objects or
packed improperly under the commodity specifications, the articles
owners must apply treatment measures or re-pack them according to
regulations.
The
article owners must bear all expenses for treatment or re-packing.
Chapter V
QUARANTINE OF
DOMESTIC PLANTS
Article 24:
Contents of the
quarantine of domestic plants:
1.
Managing
the situation of harmful organisms subject to Vietnam’s plant
quarantine, and useful organisms;
2.
Controlling
and applying treatment measures upon the detection of epidemic focuses.
Article 25:
Responsibilities
of the competent plant protection and quarantine State bodies:
1.
To
regularly investigate, monitor and supervise the situation of harmful
organisms on imported plant varieties and plant products kept in
storehouses;
2.
When plant
varieties and/or useful organisms are imported into the localities for
sowing, cultivation or use, the local competent plant protection and
quarantine State bodies shall have to:
a)
Check the
papers on plant quarantine of plant varieties and useful organisms;
b)
Monitor and
supervise places where they are sown, cultivated or used;
c)
If the
articles owners fail to comply with the imported plant quarantine
procedures prescribed in Article 12 of this Regulation, the local
competent plant protection and quarantine State bodies shall apply
measures as prescribed by law;
3.
Determine
the boundary of epidemic region, locations for quarantine of domestic
plants when articles are transported out of the epidemics region,
conduct the inspection, grant certificate of quarantine of domestically
transported plants, supervise the transportation of articles out of the
epidemic region;
4.
Check the
plant quarantine certificates and monitor, supervise lots of objects
brought from the epidemics region to localities;
5.
Decide on
measures to treat articles infected with plant quarantine objects;
guide, supervise the articles owners in the application of treatment
measures;
6.
At places
where exist may epidemics nests and signs that epidemics nests spread
into epidemics region, the competent plant protection and quarantine
State bodies shall have to immediately report thereon to the agencies
competent to announce epidemics as provided for in Article 11 of the
Ordinance on plant protection and quarantine.
Article 26:
Responsibilities
of the articles owners:
1.
The article
owners must regularly follow the situation on organisms harmful to plant
resources they have owned or directly managed.
At
places where import articles often gathered, transited or brought from
epidemic regions, the above-mentioned monitoring must be effected upon
requests and under the guidance of the competent plant protection and
quarantine State bodies;
2.
Upon
detecting or doubting the existence of plant quarantine articles on the
promulgated list or strange harmful organisms, the articles owners or
the detectors shall have to apply necessary measures to eliminated and
stop their spread, and at the same time to immediately report to the
nearest competent plant protection and quarantine State bodies or local
administration thereon;
3.
To apply
article-treating measures decided by the competent plant protection and
quarantine State bodies;
4.
To create
all conditions for the competent plant protection and quarantine State
bodies to further monitor and inspect the already-treated articles in
the process of sowing and cultivation, use and preservation;
5.
To bear all
costs of applying the treatment measures; to inspect the granting of
certificates of quarantine of domestically transported articles
according to the law provisions.
Article 27:
The declaration,
inspection, treatment, and granting of certificates of quarantine of
domestically transported articles shall comply with the provisions in
Article 6 and 8 of this Regulation.
Article 28:
The transportation
of alive plant quarantine objects to epidemic-free regions is strictly
forbidden. Where such transportation is carried out for the purpose of
research, the permission of the Minister of Agriculture and Rural
Development is required.
Chapter VI
TREATING ARTICLES
BY MEASURE OF DISINFECTION VAPORIZATION
Article 29:
Disinfection
vaporization is a measure of disinfection with toxic chemical
vaporization.
Article 30:
Organization
vaporization is a measure of disinfection vaporization activities must
satisfy the following conditions:
1.
Having the
disinfection vaporization practice certificate;
2.
The
contingent of officials and technical workers satisfy the requirements
on disinfection vaporization;
3.
Having
technical process, facilities and equipment in service of disinfection
vaporization activities, ensuring safety for human beings, reared
animals, environment, fire and explosion prevention and fighting;
4.
Working
places, equipment and chemicals storehouses must be up to the standards
agreed upon by competent functional bodies.
Article 31:
Conditions for
granting disinfection steaming practice certificates:
1.
The persons
who directly manage, run the disinfection vaporization activities must
possess:
a)
Professional qualifications in chemicals or plant protection of the
university or higher level;
b)
Having
worked in this domain for at least 3 years;
c)
Having
health certificates granted by health bodies of the district or higher
level as provided for.
2.
The persons
directly conducting the disinfection vaporization:
a)
Must go
through a course of training on disinfection vaporization, and be tested
on their professional qualifications and skills by the Plant Protection
Department;
b)
Having
health certificates granted by health bodies of the district or higher
level as provided for.
Article 32:
Competence to
grant certificates for disinfection vaporization practice is prescribed
as follows:
1.
The
regional Sub-Departments for Plant Quarantine under the Plant Protection
Department shall grant certificates for disinfection vaporization
practice to organizations engaged in activities of disinfecting
domestically preserved objects;
2.
The Plant
Protection Department shall grant certificates of disinfection
vaporization practice to organizations engaged in activities of
disinfecting export, import, transit articles and those infected with
plant quarantine articles;
3.
The
appraisal and granting of professional practice certificates must be
effected within 15 days as from the date of receiving the valid
dossiers, in case of non-granting, the reasons therefore must be
notified in writing to the applicants.
Article 33:
Powers and
obligations of disinfecting organizations when being granted
certificates for disinfection vaporization practice:
1.
Organizations and individuals engaged in disinfection vaporization
activities may conduct the disinfection vaporization activities as from
the time they fully meet the conditions prescribed in Article 30 of this
Regulation and commit to strictly observe those conditions throughout
their operation process;
2.
They shall
be granted certificates for disinfection vaporization for articles
liable to plant quarantine;
3.
When
applying the measure of disinfection vaporization for articles infected
with plant quarantine objects, they must be designated by the plant
quarantine bodies and submit to the latter’s supervision;
4.
Organizations and individuals engaged in disinfecting activities, when
carrying out the procedures for being granted the disinfection
vaporization practice certificates or for the extension thereof shall
have to pay charges and fees as provided for by law.
On behalf of the
Government
Prime Minister
PHAN VAN KHAI |
