Decree No. 02/2007/ND-CP on plant quarantine

Issue no07/January 2007 (Cong Bao nos 4344/January 18, 2007) OFFICIAL GAZETTE 17 THE GOVERNMENT DECREE No. 02/20071ND-CPOF JANUARY 5, 2007, ON PLANT QUARANTINE THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization ofthe Government; Pursuant to the August 8, 2001 Ordinance on Plant Protection and Quarantine; At the proposal of the Minister ofAgriculture and Rural Development, DECREES: Chapter] GENERAL PROVISIONS Article 1.- Scope of regulation This Decree provides for the quarantine ofplants which are imported, exported, transferred from border gate to border gate, temporarily imported for re-export, temporarily exported for re-import or transited, for quarantine of indigenous plants and treatment ofarticles subject to plant quarantine. Article 1.- Subjects ofapplication This Decree applies to all domestic and foreign organizations and individuals engaged in plant quarantine activities in the Vietnamese territory. When a treaty to which Vietnam has signed or acceded otherwise provides for, the provisions of that treaty prevail. Article 3.- Interpretation oftenns In this Decree, the terms below are construed as follows: 1. Harmful organisms means any species, strains or biological types offauna, flora ormicroorganisms which cause harms to plants or plant products, including insects, diseased fungi, nematodes, bacteria, viruses, phytophasma, weeds, rats andother organisms which are harmful to plant resources (below called pests for short). 2. Plant quarantine objects (also called plant quarantine pests) means those pestswhich may cause serious harms to plant resources in a region where such organisms have not yet appeared or have appeared in narrow distribution and must be officially controlled. 3. Regulated pests other than plant quarantine pests means those pests whose presence among plants used for sowing or growing may cause unacceptable economic impacts and must be controlled within the territory of the country of importation. 4. Regulatedpests include plant quarantine pests and those other than plant quarantine pests. 5. Foreign harmful organisms (also called foreign pests) means those pests which have not yet been identified scientifically and have never been found in the country. 6. Useful organisms include viruses, bacteria, nematodes, fungi, insects, animals and other organisms which may help restrict harms caused by pests to plant resources. 7. Articles subject to plant quarantine (below called articles for short) include plants, plant products, means of production, preservation or transport or other articles which possibly carry regulated pests. 8. Pest-infection status means the extent and nature ofarticles' infection with harmful organisms. 9. Article inspection means investigation, observation, monitoring, sampling, analysis, © VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issue no07lJanuary 2007 (C6ng Bao nos 43-44/January 18, 2007) expertise and research in order to determine the pest infection status. 10. Disinfection means the annihilation of organisms which cause harms to articles. 11. Fumigation means a measure ofdisinfection with the fumigation oftoxic chemicals. 12. Epidemic nidus means a place where exists one or several kinds ofpests on the promulgated list of plant quarantine pests or list of regulated pests other than plant quarantine pests. 13. Epidemic region means a spatial area contaminated with epidemic niduses as certified by competent plant quarantine bodies. 14. Lot ofarticles means a certain quantity of articles with similar conditions and factors on epidemic susceptibility. 15.Plant quarantinestation means a place where articles subject to plant quarantine are inspected before they are moved. 16. Pes! risk analysis means the process of assessing biological or scientific or economic evidences to determine whether a pest should be regulated and whether plant quarantine measures should be intensified against it. 17. Pest-free region means a region where scientific evidences show that no specific pest exists and these conditions will be maintained officially. 18. Equivalence ofplant quarantine measures means the state of application of different plant quarantine measures, which bring about the same results. 19. Supervision ofpests means the process of collecting and recording data on the appearance or non-appearance of pests through investigation, monitoring or other procedures. 20. Harmonization ofplant quarantine measures means the establishment, recognition and application ofplant quarantine measures ofdifferent countries based on international standards. 21. Plants mean trees and parts of living trees, including seeds and plasma, which may be used for breeding. 22. Plant products mean unprocessed materials ofplant origin and processed productsofplant origin, which, due to the nature of products or processing process, may pose the threat of introduction and spread ofpests. 23. Newplant varieties importedfor thefirst time means those plant varieties which have not yet included in the list of plant varieties allowed for production and trading. 24. Plant quarantine measures mean official regulations and procedures aimed to prevent the introduction and/or spread of pests or to restrict economic impactsofpests which mustbecontrolled. 25. Place oforigin means a place where articles subject to plant quarantine are sowed or grown or where articles for the first time created the pest infection status. 26. Separated quarantine area means an area where plants are grown and plant products are' preserved in Isolation from the outside environment in the quarantine duration. 27.importplant quarantine permit means a legal document which permits the import of a lot of articles suitable with the set plant quarantine requirements. Article 4.- Responsibility ofarticle owners 1. To monitor, prevent and annihilate harmful organisms, treat infected articles and those which fail to meet the import or export criteria, or transport them out ofepidemic regions under plant quarantine regulations. lJ VIETNAM LAW & LEGAL FORUM Issue no07/January 2007 (Cong BaD nos43-44/January 18,2007) OFFICIAL GAZETTE 19 When infected articles ofdifferent owners must be treated simultaneouslywhile the owners cannot reach mutual agreement on the treatment thereof: plant quarantine bodies shall make decisions and the owners shall abide by such decisions. 2. To regularly monitor organisms harmful to plant resources of their own or under their direct management. Where concentrate articleswhich are imported, transited or transported from epidemic regions, the above-mentioned monitoringmustcomplywiththe requirements and guidance of competent state agencies in charge ofplantprotectionandquarantine. 3. When detecting or suspecting of a regulated pest on the promulgated list or foreign harmful organisms; the article owner or the detector shall apply necessary measures to annihilate such organisms and prevent the spread of the pest and concurrentlyreport it to the competentstate agency in charge of plant protection and quarantine or to the nearest local administration. 4. To take measures for the treatment ofarticles according to regulations of the competent state agencyinchargeofplantprotectionandquarantine. 5. To pay plant quarantine charges according to regulationsand pay all article-treatmentexpenses. When article owners are not available; owners or operators of the means of transport and article preservers shall implement regulations on plant quarantine with regardto themeansand articles they transport or preserve and pay article-treatment expenses. 6. To supply necessary information on plant protection and quarantine to the Vietnamese state managementagencyspecializedinplantprotection and quarantine such as information on plants and plant products, production areas, cultivation methods, list of pests, packing of goods, export programs, import policies and relevant documents. 7. To create conditions for plant quarantine officersto perform theirdutiessuchas opening and closing means of transport, storehouses, bales of goods, supply of human resources for inspection, sampling of articles; monitoring and inspecting articles in the course of cultivation, use and preservation. Article 5.- Responsibilities of plant quarantine agencies 1. To guide, supervise and certify the application ofmeasures to monitor, prevent, annihilateandtreat articles. Todirectlytreatinfected articleswhichmust be urgently treated and of which the owners are incapableoftreating them. 2. To conduct articlequarantineand grant plant quarantine certificates. 3. To supply necessary information on plant protectionandquarantine to countriesofimportation according to agreements on food hygiene and safety and plant quarantine as well as international conventions on plant protection 4. To formulate and manage pest-free regions accordingto Vietnamese standards. 5. To consider, assess and recognize the equivalenceofplantquarantine measuresapplicable to importedand exportedarticlesofothercountries. 6. To apply urgent measures to prevent the introductionand spreadofpests when necessary, 7. To harmonize plant quarantine measures according to standards, guidance and recommendations ofthe international conventionon plant protection. 8. To coordinatewith plantquarantinebodies of countries of exportation in inspecting and treating importand exportarticles incountries ofexportation in somecasesaccordingto bilateraland multilateral agreements. c. VIETNAr,l LAW P, LEGAL FORUM 20 OFFICIAL GAZETTE Issue no07/January 2007 (Cong Bao nos 43-44/January 18,2007) Article 6.- Responsibilitiesand powers of plant quarantine officers While performing their duties, plant quarantine officers have the following responsibilities: 1.Toconductplantquarantine in accordance with legal provisionson plantprotectionandquarantine. 2. To wear uniform, badges, rank insignia and plant quarantine cards. 3 Tobe entitled to enter places where exist articles subject to plant quarantine. 4. For secretsecurityanddefenseplacesandother special cases, they must be given conditions and guidance for duty performance by competent agencies managing those places in order to satisfy both requirements of confidentiality and plant quarantine. Article 7.-Responsibilities ofstateagencies and People's Committees at all levels 1. The Minister of Agriculture and Rural Development shall, in each period, determine and promulgate: aJA list of regulatedpests; bl A list of articles subject to plant quarantine and articles subject to pest risk analysisbefore they are imported into Vietnam. 2. Customs offices shall coordinate with plant quarantine bodies in inspecting and supervising articles. Customsproceduresshallbe completed for plant quarantine articles only after all plant quarantine procedures have been carried out. The contents ofplant quarantinedeclarations are stated in the entry-exit declarationforms. For articleswhich are forcedby plant quarantine bodies to be re-exported, destroyedor which, after quarantine, are permitted under conclusion for importor export,plantquarantine bodiesshallnotify such to customs offices at border gates where exist the import or export articles. Customs offices and concerned agencies shall coordinate with plant quarantine bodiesinsettlingandhandlingconcerned matters at the request ofplant quarantine bodies. 3. Transport, post, police, border-guard and market management authorities as well as relevant agencies shall, within the ambit of their assigned functions andtasks,coordinatewithplantquarantine bodies in inspecting, preventing and handling acts ofviolatingthe regulations on plant quarantine. 4 People's Committees ofall levels shall direct relevant agencies in their localities in carrying out theworkofplantquarantineinaccordance withlegal provisionson plant protection and quarantine. Article 8.- Plant quarantine procedures 1. Article owners or their authorized persons shall: al Make declaration with the nearest plant quarantinebodiesat least24 hoursbeforeimporting or exporting articles; bl Fill in the entry-exitdeclaration forms and be inspected on the spot by plant quarantine bodies with regard to hand luggage and luggage sent by means oftransportcontaining articles; cl Submitplant quarantine registrationpapersor plant quarantine certificates issued by Vietnamese plant quarantine bodies together with customs dossiers in order to carry out customs clearance procedures for articles beingimportgoodsor packed together with other import goods (except for hand luggage and luggage sent by means of transport of passengers on entry); d/ Submit together with customs dossiers plant quarantine certificates issued by Vietnamese plant quarantine bodies if so requested by countries of importationin order to carry out customsclearance procedures forarticlesbeing exportgoodsor packed together with other export goods (except for hand luggage and luggage sent by means of transport of passengerson exit). r;' VIETNAM LAW & ' EGAL FORUM Issue no07/January 2007 (Gong Bao nos 43-44/January 18,2007) OFFICIAL GAZETTE 21 2. Plant quarantine bodies shall inspect, review and give results within 24 hours after inspecting articles. When it is necessary to prolong this process beyond 24 hours, plant quarantine bodies shall notify such to article owners. 3. The inspection of articles and compilation of plant quarantine dossiers shall apply uniformly throughout the country. Article 9.-Prohibited acts I. Bringing into Vietnam regulated pests on the lists specified at Point a, Clause 1, Article 7 of this Decree or foreign harmful organisms which are alive in any growth period. 2. Bringing regulated pests which are alive and on the lists specified at Point a, Clause I, Article 7 of this Decree to areas not yet infected with pests. 3. Bringing into Vietnam articles on the list of those subject to pest risk analysis specified at Point b, Clause I, Article 7 of this Decree. 4. Bringing into Vietnam plants with soil in any form. Chapter II QUARANTINE OF IMPORT PLANTS Article 10.- Import conditions Articles imported into Vietnam must fully satisfy the following conditions: 1. Being granted plant quarantine certificates by competent plant protection agencies ofcountries of exportation or certificates ofequivalent value. 2. Being free from regulated pests on the lists specified at Point a, Clause 1 of this Decree and from foreign harmful organisms; if infected with pests, such articles must be treated thoroughly. 3. Being granted import plant quarantine permits for articles. subject to pest risk analysis before those articles are imported into Vietnam. 4. For materials packed with import timber, they must be treated with plant quarantine measures according to regulations. Article 11.- Procedures for the grant of import plant quarantine permits for articles subject to pest risk analysis 1. Organizations and individuals shall submit applications for plant quarantine permits, made according to a set form, to plant quarantine bodies. 2. They shall supply all information on the import articles according to the provisions of Clause 6, Article 4 ofthis Decree. 3. Plant quarantine bodies shall carry out pest risk analysis for the import articles. 4. If the results of pest risk analysis show that concerned articles are susceptible to pests, plant quarantine bodies shall not grant import plant quarantine permits to applying organizations or individuals. Article 12.- Quarantine of import plants 1.When articles are imported to the first border gate, their owners shall carry out import plant quarantine procedures in accordance with the provisions ofArticle 8 ofthis Decree. 2. Plant quarantine bodies shall conduct quarantine at the first border-gate. In special cases, the plant quarantine procedures shall be carried out at other places with adequate conditions for isolation. 3. When means of waterway transport carry articles subject to plant quarantine to buoy zero, the means owners shall make deularation with Vietnamese plant quarantine bodies for the latter's inspection; if no plant quarantine pests are found, such means may enter ports; if regulated pests are \' ,VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue no 07IJanuary 2007 (Gong Baonos43-44/January 18,2007) found, they must be treated thoroughly. The quarantine of import articles transported by means of waterway transport shall be conducted at Vietnamese pons. 4. Articles temporarily imported or temporarily exported must go through plant quarantine procedures like import articles. Article 13.- Imported plant varieties and useful orgamsms 1. When importing plant varieties and useful organisms, organizations and individuals must fully satisfy the conditions specified in Article 10 of this Decree and observe the following provisions: a! For imported plant varieties, the plant quarantine procedures must be carried out at border gates indicated by plant quarantine bodies; bl For plant varieties on the list ofthose permitted for production or business, after plant quarantine procedures are completed, they must be transported and sowed at places already registered with plant quarantine bodies and concurrently declared with competent state agencies inchargeofplant protection and quarantine in concerned localities for further monitoring and inspection ofhannful organisms. cl For new plant varieties imported for the first time, they can he sowed only in separate plant quarantine areas in accordance with regulations of plant quarantine bodies for monitoring of harmful organisms; d/ In some special cases, the import of plant varieties and useful organisms must be approved by the Minister of Agriculture and Rural Development The Ministry ofAgriculture and Rural Development shall specify special cases permitted for import under the provisions of this Clause. 2. When importing plant varieties and useful organisms, organizations and individuals must abide by the monitoring time limit set for each plant group under regulations. 3. The Ministry of Agriculture and Rural Development shall specify a time limit for monitoring each group of plants and useful organisms and standards uf a separate plant quarantine area. Article 14. - Supervision, transportation, preservation and use of imported articles 1. Plant quarantine bodies shall supervise the quarantine of import articles from the time those articles are brought into the Vietnamese territory. 2.Article owners must acquire plant quarantine certificates from Vietnamese plant quarantine bodies and abide by all the contents ofthose certificates in the process of transportation, preservation and use ofarticles. ChaprerIII QUARANTINE OF EXPORT PLANTS Article 15.- Grounds for quarantine ofexported plants Plant quarantine bodies shall conduct the quarantine ofexport articles in the following cases: 1.It is so required by sale and purchase contracts or treaties. 2. It is so requested by article owners. Article 16.- Quarantine ofexported plants 1. Article owners shall notify in advance the nearest plant quarantine bodies and carry out plant quarantine procedures according to the provisions ofArticle 8 of this Decree when the export articles arrive at the last border gate or at the place from which they shall be exported to foreign countries. 2. Plant quarantine bodies shall conduct the quarantine at bordergates where article owners have made registration. When the quarantine has been conducted at inland production establishments or (~) VIETNAM LAW & LEGAL FORUM Issue no07lJanuary 2007 (C6ng BtJO nos 43-44/January 18.2007) OFFICIAL GAZETTE 23 preservation places, article owners shall present plant quarantine certificates at the last border gates for export. Article 17.- Supervision of exported articles 1. Plant quarantine bodies shall supervise the quarantine ofexported articles from the time these articles are inspected and granted plant quarantine certificates till the time they are transported out of the Vietnamese territory. 2. Exported article owners having plant quarantine certificates shall, in the process of transporting articles from export plant quarantine stations to foreign countries, abide by all the contents of their certificates. Chapter IV QUARANTINE OF TRANSITED PLANTS Article 18.- Conditions for the quarantine of transited plants 1. Having plant quarantine certificates granted by competent plant quarantine bodies of the countries uf urigin. 2. The transited or keeping of articles in storehouses or yards in the Vietnamese territory must be approved by Vietnamese plant quarantine bodies. 3. Transited articles must be packed strictly according to the commodity specifications in order to avoid the spread of harmful organisms in the process of transportation and storage. Article 19.- Quarantine of transited plants 1. When transited articles enter the first Vietnamese border gate, their owners must make declaration with the nearest plant quarantine bodies and present plant quarantine certificates of the countries oforigin. 2. Vietnamese plant quarantine bodies shall supervise articles, inspect means of transport and the outer appearance of articles according to regulations. 3. If detecting that transited articles are packed at variance with plant quarantine regulations, accompanying no plant quarantine certificates ofthe countries of origin, Vietnamese plant quarantine bodies shall inspect those articles and means of transport or suspend the transportation till those articles are packedproperly according to regulations. Plant quarantine bodies shall inspect and supervise transited articles so as to grant transited plant quarantine certificates. Chapter V QUARANTINE OF DOMESTIC PLANTS Article 20.- Contents of the quarantine of domestic plants 1.Administering regulated pests in Vietnam and useful organisms. 2. Administering and applying treatment measures when detecting epidemic niduses. 3. Working out and implementing programs on investigation, supervision and effective prevention and annihilation ofregulated pests for imported plant varieties and plant products kept in storehouses. Article 21.- Procedures for the quarantine of domestic plants 1.The declaration, inspection, treatment and grant of quarantine certificates for domestically transported plants shall comply with the provisions ofArticle 8 of this Decree. 2. For plant varieties produced in the country and transported domestically, which do not originate from epidemic regions or cross epidemic regions, (C) VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue noOJ/January 2007 (C6ng Bao nos 43-44/January 18, 2007) the completion ofplant quarantine procedures is not required. Article 22.- Supervision of the quarantine of domestic plants 1.To inspect, monitor and supervise the situation of pests on imported plant varieties and plant products kept in storehouses. 2. When plant varieties or useful organisms are imported to localities for sowing or use, the supervision is provided for as follows: a/ Checking imported plant quarantine certificates granted by Vietnamese plant quarantine bodies for imported articles, plant varieties or useful orgamsms; bl Monitoring, supervising places of sowing or usc; cI Sanctioning administrative violations and quarantining lots of imported articles which do not go through the import plant quarantine in accordance with legal provisions on plant protection and quarantine. 3.To delimit the boundaries ofepidemic regions and domestic plant quarantine stations when transporting articles out ofepidemic regions; conduct inspection, grant plant quarantine certificates for domestically transported articles and supervise the transportation ofarticles out of epidemic regions. 4. To check plant quarantine certificates and monitor, supervise the lots of articles which are brought from epidemic regions to localities. 5. To decide on measures to treat those articles which are infected with regulated pests; 10 guide and supervise article owners in the application of treatment measures. 6. Where exist epidemic niduses and signs oftheir prevalence into epidemic regions, competent state agencies in charge ofplantprotection and quarantine shall immediately report such to competent agencies for announcement ofepidemics in accordance with the provisions ofArticle 11ofthe Ordinance on Plant Protection and Quarantine. Chapter VI TREATMENT OF ARTICLES SUBJECT TO PLANT QlJARANTlNl: Article23.- Treatment ofarticles subject to plant quarantine 1. The treatment of articles covers the reprocessing, selection, discard, cleansing, disinfection, return to places of origin, destruction and other measures aimed at annihilating regulated pests. 2.The application oftreatment measures in plant quarantine shall comply with the regulations ofplant quarantine agencies. Article 24.- Treatment of imported articles 1. The treatment of articles infected with regulated pests and foreign harmful organisms is provided for as follows: a/ Ifarticles are infected with pests on Vietnam's list of plant quarantine pests which, however, do not exit in the Vietnamese territory, or infected with foreign harmful organisms, they may not be imported but must be returned to their places of origin or destroyed. When they can be thoroughly treated with other measures, plant quarantine bodies shall consider and decide on the application ofthose measures; bl Ifarticles are infected with pests on Vietnam's list ofplant quarantine pests which already exist in narrow distribution in the Vietnamese territory, or infected with pests on the list ofregulated pests other than plant quarantine pests, thorough treatment measures shall be decided by plant quarantine © VIETNAM LAW & LEGAL FORUM Issue no07lJanuary 2007 (Cong Bao nos43-44/January 18, 2UU7) OFFICIAL GAZETTE 25 bodies. When Vietnamese conditions do not permit the treatment, the articles shall be returned to their places oforigin or destroyed. 2. For articles drifted, dropped, discarded or released from overseas to Vietnam, plant quarantine bodies shall assume the prime responsibility for, and coordinate with local administrations and concerned agencies in, treating them. Article25.- Treatment ofexported, transited and domestic anicles 1. The treatment of exported articles shall be conducted at the request of article owners or according to the requirements of countries of importation or trading contracts. 2. When articles transit Vietnam, ifinfected with plant quarantine pests in Vietnam or packed at variance with commodity specifications, article owners shall apply measures to treat them or repack them properly according to regulations. 3. The treatment ofarticles infected with pests in domestic plant quarantine shall comply with decisions ofcompetent state agencies in charge of plant protection and quarantine. Article 26.- Conditions for fumigation Organizations engaged in fumigation activities must satisfy the following conditions: 1. The persons directly managing and administering fumigation must possess practice certificates. 2. The persons conducting fumigation must possess fumigation cards. 3. They have technical processes, means and equipment in service of fumigation according to regulations of competent state management agencies. 4. They can ensure environmental hygiene, labor safety, fire prevention and fighting conditions according to regulations of competent state management agencies. 5. Their working places, equipment and chemical storehouses are approved in writing by competent state agencies. The Minister of Agriculture and Rural Development shall specify the grant of fumigation practice certificates, fumigation cards as well as technical processes, means and equipment in service offumigation. Article17.- Conditions for the grant offumigation practice certificates 1. Having professional qualifications of university or higher degree in chemicals or plant protection. 2.Having at least three-year working experience in the concerned domain. 3.Having health certificates, granted by medical agencies ofdistrict or higher level. Article28.- Conditions for the grant offumigation cards 1.Having gone through fumigation training, have professional qualifications and skills examined by specialized state management agencies. 2. Having health certificates granted by medical agencies ofdistrict or higher leveL Article 29.- Powers and obligations of organizations conducting fumigation activities 1.Organizations conducting fumigation activities may start operations only when they satisfy all the conditions prescribed in Article 26 of this Decree and commit to strictly comply with those conditions throughout the process ofoperation. 2. They shall grant fumigation certificates for © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE Issue no 07/January 2007 (C6ng BaD nos 43-44/January 18, 2007) articles subject to plant quarantine. 3. When applying fumigation measures to articles infected with plant quarantine pests, they shall be subject to supervision by plant protection agencies. 4. Their application offumigation measures must not effect the quality ofgoods, articles and health of the community. They shall take responsibility for the results of fumigation. Chapter VII IMPLE:MENTATION PROVISIONS Article 30.- Implementation effect This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Regulation on plant quarantine promulgated together with the Government's Decree No. 58/2002/ND CP ofJune 3,2002. All previous regulations contrary to the provisions of this Decree are annulled. Article 31.- Responsibilities for implementation The Minister ofAgriculture and Rural Develop ment shall guide the implementation ofthis Decree. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree. On behalfofthe Government Prime Minister NGUYEN TAN DUNG (£::) VIETNAM LAW & LEGAL FORUM