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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 116/2014/ND-CP
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Hanoi, December
04, 2014
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DECREE
PROVIDING
DETAILED INSTRUCTIONS ON THE IMPLEMENTATION OF SEVERAL ARTICLES OF THE LAW ON
PLANT PROTECTION AND QUARANTINE
Pursuant to the Law on Governmental Organization
dated December 25, 2001;
Pursuant to the Law on Plant Protection and
Quarantine dated November 25, 2013;
At the request of the Minister of Agriculture
and Rural Development,
The Government hereby promulgates the Decree on
providing detailed instructions on the implementation of several articles of
the Law on Plant Protection and Quarantine
Chapter I
GENERAL PROVISIONS
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This Decree shall provide detailed instructions on
the implementation of Article 9, 17, 21 and 35 of the Law on Plant Protection
and Quarantine about the specialized agency for plant protection and
quarantine; plant pest and disease announcement; pest control expenditure;
import and export suspension; prohibition against exporting and importing
articles subject to plant pest and disease control.
Article 2. Applicable entities
This Decree shall be applied to domestic or foreign
organizations or individuals who get involved in activities pertaining to plant
protection and quarantine in Vietnam.
Article 3. Network of
specialized agencies for plant protection and quarantine
1. The centrally-governed specialized agency for
plant protection and quarantine, affiliated to the Ministry of Agriculture and
Rural Development, shall provide consultancy and assistance for the Minister of
Agriculture and Rural Development in exercising the power over the state
management and law enforcement in terms of plant pest and disease prevention
and control; plant quarantine and pesticide management across the country.
2. The specialized agency for plant protection and
quarantine at the level of a centrally-governed province or city (hereinafter
referred to as provincial level), affiliated to the Ministry of Agriculture and
Rural Development, shall assist the Director of Department of Agriculture and
Rural Development in advising the People's Committee at the provincial level to
exercise their state management power and law enforcement in the field of
prevention and control of harmful creatures on plants; indigenous plant
quarantine and pesticide management throughout this province or city, and shall
have their professional activities controlled by the centrally-governed
specialized agency for plant protection and quarantine.
3. The specialized agency for plant protection and
quarantine of a district, town or provincial city (hereinafter referred to as
district level), affiliated to specialized agency for plant protection and
quarantine at the provincial level, shall perform their assigned tasks in the
territory of a district, and work with the Division of Agriculture and Rural
Development to assist the People's Committee at district level in exercising
their state management power in the field of prevention and control of harmful
creatures on plants; indigenous plant quarantine and pesticide management
throughout that district.
4. Local specialized agencies for plant protection
and quarantine shall operate under the directions of the Minister of Home
Affairs and the Minister of Agriculture and Rural Development.
Chapter II
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Article 4. Conditions for announcement
of plant pests and diseases
1. As regards plant harmful creatures that are
neither quarantined subjects nor alien harmful creatures on plants, such
announcement shall be made if:
a) Harmful creatures on plants have shown a sharp
increase in the amount, extent and degree as against those reported in the past
02 (two) years immediately ahead of the time when plant pests and diseases are
announced and forecast by the specialized agency for plant protection and
quarantine at the provincial or higher level(s); have posed the risk of being
rapidly spread on a large scale and a vast area, and caused tremendous impacts
on production, environment, human lives, which is beyond the control of plant
owners.
b) All necessary controlling measures against harmful
creatures that have been applied by plant owners in accordance with guidelines
from the specialized agency for plant protection and quarantine have not been
effective as expected, which results in the application of urgent measures and
forces plant owners, interested organizations and individuals at affected areas
to strictly follow these measures for a definite period of time with the aim of
quickly suppressing, containing and eradicating those harmful creatures.
2. As regards plant harmful creatures that are
either quarantined subjects or alien harmful creatures on plants, such
announcement shall be made if:
Such quarantined subjects or alien harmful
creatures have been introduced into the territory of Vietnam, and posed the
risk of establishing a pest population and spreading on a vast area, which
requires urgent measures to be taken, or forces plant owners, interested
organizations and individuals at affected areas to strictly follow these
measures with the aim of quickly suppressing, containing and eradicating those
harmful creatures.
Article 5. Process and
procedure for announcement of plant pests and diseases
1. Process and procedure for announcement of plant
pest and disease
a) Pursuant to the regulations laid down in Article
4 hereof, the centrally-governed specialized agency for plant protection and
quarantine shall file a report to the Ministry of Agriculture and Rural
Development; the specialized agency for plant protection and quarantine at the
provincial level shall request the Director of Department of Agriculture and
Rural Development to send a report to the President of the provincial People’s
Committee on the current status of plant pests and diseases, facts or figures
as evidence for the sufficient condition for announcement of plant pests and
diseases, necessity for this announcement, proposed affected areas that should
be announced as well as pest control measures;
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c) When necessary, the person who is authorized to
announce plant pests and diseases is entitled to establish and consult with an
advisory council. The Council shall be chaired by that person or his/her
deputy, and vice-chaired by the Head of the centrally-governed specialized
agency for plant protection and quarantine, or the Director of Department of
Agriculture and Rural Development, and membered by representatives for relevant
bodies or organizations as well as experienced experts in plant protection
sector.
The advisory council shall be responsible for
considering the report sent by specialized agencies for plant protection and
quarantine, submit the proposal for announcement of plant pests and diseases,
affected areas that should be announced as well as pest control measures to the
competent person.
2. Decision on plant pest and disease announcement
a) Contents of the decision on plant pest and
disease announcement consist of: Harmful creatures on plants, affected subjects,
areas, pest control measures and validity of the decision;
b) Within a period of 24 hours from the date on
which the announcement is made, such decision must be publicly announced
through central and local mass media; the local authority of the affected area
must inform plant owners, interested organizations and individuals throughout
that area for the purpose of raising their awareness and enforcing the
decision.
Article 6. Process and
procedure for announcement of successful pest control
1. Whenever plant pests have been successfully
suppressed and have posed no risk of causing serious harm any longer, the
centrally-governed specialized agency for plant protection and quarantine shall
send a report on the result of pest control and a request for an announcement
of successful pest control to the Minister of Agriculture and Rural
Development; the specialized agency for plant protection and quarantine at the
provincial level shall submit the result of pest control and a request for an
announcement of successful pest control to the President of the provincial
People's Committee.
2. Contents of the report on the result of pest
control and the request for announcement of successful pest control shall
comprise: Overview of plant pest and disease status, forecast of tendency for
the growth of harmful creatures on plants; remedial measures to be applied to
mitigate harmful effects caused by plant pests, stabilize human lives and
restore production to normal condition; sustainable pest control measures;
legal, scientific and practical foundations for the request for announcement of
successful pest control.
3. The Minister of Agriculture and Rural
Development shall rely on the report submitted by the Head of the
centrally-governed specialized agency for plant protection and quarantine; the
President of the People's Committee at the provincial level shall rely on the
report submitted by the Director of Department of Agriculture and Rural
development to make their decision to make the announcement of successful pest
control.
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Article 7. Pest control
expenditure
1. Pest control shall be funded by
a) State budget allocated at current decentralized
levels;
b) Organizations or individuals who hold the right
to own, use or directly manage plant owners;
c) Contributions, aids from domestic or overseas
organizations, individuals, or international organizations as well as other
legal financial sources.
2. Beneficiaries of the financial support from the
state budget for their pest control shall include:
a) Those whose plants are harmed by pests or
diseases, or those who are forced to apply pest control measures requested by
the competent authority;
b) Those who get involved in the pest control
activities.
3. The following expenses incurred from the pest
control shall be covered:
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b) Equipment, devices and plant protection
products;
c) Losses incurred by plant pests or diseases;
d) Losses incurred by the application of plant
disinfection measures in accordance with the request made by the competent
authority and any costs incurred.
4. Grants for plant pest control
a) With regard to grants within regulated amounts
or limits, expenditures shall be paid under applicable laws;
b) With regard to grants without regulated amounts
or limits, the Minister of Finance shall take charge of cooperating with the
Minister of Agriculture and Rural Development in sending a request to the Prime
Minister for his decision on the permitted amount of grants allocated from the
central budget; the President of the People's Committee at the provincial level
shall decide to determine the permitted amount of grants allocated from the
local government’s budget.
5. Use of the state expenditures for plant pest and
disease control
a) Expenditure for plant pest and disease control
at localities shall be decided by the People’s Committee at all administrative
levels, which is derived from the reserve fund of each locality in accordance
with the Law on State Budget.
In case the expenditure on plant pest and disease
control is higher than or exceeds the local budget, the People’s Committee at
the provincial level shall submit a report to the Ministry of Finance and the
Ministry of Agriculture and Rural Development for the purpose of requesting the
Prime Minister to consider and make his decision;
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6. Use of plant owners’ expenditures for the plant
pest and disease control
Different expenditures on the plant pest and
disease control other than those derived from the state budget, aids from
domestic or overseas organizations, individuals and international institutions
(if any).
7. c) Use of pest control expenditures coming from
contributions and aids from domestic or overseas organizations, individuals, or
international organizations as well as other legal financial sources.
a) The state expenditures coming from
contributions, aids from domestic or overseas organizations for the purpose of
plant pest and disease control shall conform to the regulations laid down in
the Law on State Budget;
b) As regards other legal contributions and aids,
all of requirements set out by the sponsors shall be followed.
Chapter III
REGULATIONS ON EXPORT
AND IMPORT SUSPENSION; PROHIBITION AGAINST EXPORTING AND IMPORTING ARTICLES
SUBJECT TO PLANT QUARANTINE
Article 8. Suspension of export
and import of articles subject to plant quarantine (hereinafter referred to as
articles)
1. Suspension of export of articles shall become
effective if:
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b) These articles have infringed upon regulations
laid down by importing countries without any possible measures to be taken to
eliminate causes for such infringements as well as imposed the risk of losing
exporting markets.
2. Suspension of import of articles shall become
effective if:
a) These articles are imported from countries or
territories that pose high risk of carrying quarantined subjects into Vietnam
and there has not been any measures to be applied to eradicate them;
b) These articles imported from countries or
territories have been infected with quarantined subjects or alien harmful
creatures, and have been subject to the notification of their failure to comply
with the regulations on plant quarantine sent by the centrally-governed
specialized agency for plant protection and quarantine in Vietnam;
c) These articles imported from countries or
territories have been subject to the official information about the outbreak of
such quarantined subjects in Vietnam.
Article 9. Requirements that
should be met to continue to import and export quarantined articles
1. Requirements for continuation in export of
quarantined articles:
a) These articles have been subject to application
of measures in accordance with instructions provided by the competent
specialized agency for plant protection and quarantine;
b) These articles have been subject to inspection,
supervision and confirmation of effective application of measures to mitigate
risks as prescribed in Clause 1 Article 8 hereof.
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a) These articles have been reported by the
exporting country's plant quarantine agency in order to determine the cause for
being infected with quarantined subjects and have been subject to controlling
measures to have them eradicated;
b) These articles have been subject to inspection,
supervision and confirmation of effective application of measures to mitigate
risks as prescribed in Clause 2 Article 8 hereof.
Article 10. Prohibition
against exporting and importing quarantined articles
1. Articles shall be prohibited from being exported
if:
a) Articles are specified in the list of prohibited
articles in importing countries;
b) Articles have not been subject to any
controlling measure which conforms to regulations set out in importing countries.
2. Articles shall be prohibited from being imported
if:
a) These articles are imported from countries or
territories that pose high risk of carrying quarantined subjects into Vietnam,
threat to domestic agricultural production, national food security without
being subject to any controlling measures to have them eradicated;
b) These articles have been subject to the
suspension of import without applying any remedial measures or have undergone
the application of these measures but still not conform to regulations on
imported plant quarantine in Vietnam.
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The Minister of Agriculture and Rural Development
shall be vested with the power to suspend or prohibit export and import of
plants or continue to permit export and import of quarantined articles in
accordance with the regulations laid down in this Decree.
Article 12. Process and
procedure for suspending or prohibiting export and import of quarantined
articles
1. Pursuant to regulations enshrined in Article 8
and 10 hereof, the centrally-governed specialized agency for plant protection
and quarantine shall specify kinds of articles subject to suspending or prohibiting
export and import; the cause for this suspension or prohibition against export
and import in a single country or territory, and submit a report to the
Minister of Agriculture and Rural Development.
2. The Minister of Agriculture and Rural
Development shall rely on the report sent by the centrally-governed specialized
agency for plant protection and quarantine to consider any decision. When
necessary, the Minister shall consult with relevant Ministries and departments
before granting the decision to suspend or prohibit import and export of such
articles.
3. Decision to suspend or prohibit export and
import of articles must provide specific contents as follows:
a) Generic name of articles (scientific name
included);
b) Name of the country or territory where such
articles are exported to Vietnam or imported from Vietnam;
c) Cause for such suspension or prohibition in
which the legal grounds and scientific bases must be clearly stated;
d) The Decision shall take effect after 02 months
(60 days) from the signing date and, within 24 hours, must be publicly
announced through mass media and shall be dispatched to the competent authority
for plant quarantine in exporting countries or territories.
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1. Pursuant to regulations enshrined in Article 9
hereof, the centrally-governed specialized agency for plant protection and
quarantine shall conduct the inspection, supervision and confirmation of effective
application of remedial measures, which shall be then reported to the Minister
of Agriculture and Rural Development.
2. The Minister of Agriculture and Rural
Development shall rely on the report sent by the centrally-governed specialized
agency for plant protection and quarantine to consider deciding whether the
continuation in export and import of such articles is permitted.
3. The Decision to continue to permit export and
import of such articles shall take effect from the signing date and, within 24
hours, must be publicly announced through mass media and shall be dispatched to
the competent authority for plant quarantine in exporting countries or
territories.
Chapter IV
IMPLEMENTARY PROVISIONS
Article 14. Effect
1. This Decree shall take effect from January 18,
2015.
2. Statutory regulations on plant protection, rules
and statutes on pesticide management issued together with the Government’s
Decree No. 58/2002/ND-CP dated June 03, 2002; the Government’s Decree No.
02/2007/ND-CP dated January 05, 2007 on providing regulations on plant
quarantine shall become defunct from the effective date of this Decree.
Article 15. Implementation
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PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung