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THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independent - Freedom – Happiness
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No.65/2012/TT-BNNPTNT
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Hanoi,
December 26, 2012
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CIRCULAR
REGULATING ORDER,
PROCEDURES FOR GRANTING CERTIFICATE OF PLANT QUARANTINE
Pursuant to the Decree No.01/2008/ND-CP dated
January 03, 2008 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Decree No.75/2009/ND-CP of
September 10, 2009 of the Government amending Article 3 of the Decree
No.01/2008/ND-CP dated January 03, 2008 of the Government defining the functions
, tasks, powers and organizational structure of the Ministry of Agriculture and
rural Development;
Pursuant to the Decree No.02/2007/ND-CP dated
January 05, 2007 of the Government on Plant Quarantine;
At the request of Director of the Department
of Plant Protection;
The Minister of Agriculture and Rural
Development issues the Regulations on order and procedures for granting
certificate of plant quarantine.
Chapter I
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Article 1. Scope of regulation and subjects
of application
1. This Circular provides for the order and
procedures for granting certificates of plant quarantine for the lots of
objects subject to plant quarantine for export, re-export, import and in
transit (hereinafter referred to as the certificate).
2. This Circular applies to the Vietnamese and
foreign organizations or individuals (hereinafter referred to as object owners)
with operations of export, re-export, import and transit of objects subject to
plant quarantine (hereinafter referred to as objects) in Vietnam.
Article 2. Competence to grant certificate
Branch of regional plant quarantine, border gate
plant quarantine station under the Plant Protection Department or the
provincial-level plant protection Branches authorized to grant Certificate by
the Plant Protection Department (hereinafter referred to as the plant
quarantine agencies).
Article 3. Time for granting certificate
The plant quarantine agencies grant certificates
for the lots of objects meeting the requirements within 24 hours after
inspecting the objects. In case of requiring to last longer than 24 hours, the
plant quarantine agencies must notify the owners.
Article 4. Charges and fees
Object owners must pay charges, fees of plant
quarantine in accordance with current regulations.
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ORDER, PROCEDURES FOR GRANTING CERTIFICATES
Section 1. ORDER, PROCEDURES FOR GRANTING
CERTIFICATES FOR THE EXPORTED LOTS OF OBJECTS
Article 5. Dossier
1. Dossier
a) A written registration for
exported/re-exported plant quarantine (Form 9 issued together with Appendix 1
of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).
b) The written authorization of the object
owners: Applicable in case the object owners authorize others to register for
plant quarantine (Original). For objects exported through the border gates or
pathway entrance, it does not require the authorizations of the object owners.
c) Bill of Lading (B/L): Only applies to objects
exported by seaway when the object owners request the plant quarantine agencies
to certify into the certificate the information stated in the bill of lading (A
copy and present the original for comparison). Object owners only submit the
bill of lading to the plant quarantine agencies when the objects were
inspected, quarantined and met conditions for export as prescribed.
d) Packing list (Packinglist): Applies to the
objects exported by seaway in the event of heterogeneous objects (A copy and
present the original for comparison).
đ) The purchase and sale contract, the letter of
credit (if any) (A copy and present the original for comparison).
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2. Number of dossier: 01 set.
Article 6. The order and procedures for granting
certificate
1. Registration for plant quarantine
Object owners or the persons who are authorized
by object owners shall register for plant quarantine with the nearest plant
quarantine agencies at least 24 hours before exporting the objects.
2. Filing dossier
Object owners or the persons who are authorized
by object owners shall file dossiers directly to the plant quarantine agencies
at the department receiving dossiers and returning the results.
3. Receipt and inspection of the completeness
and validity of dossiers
Plant quarantine agencies shall receive and
inspect the completeness and validity of the dossiers requesting for
certificates as prescribed. If the dossiers are complete and valid, they shall
be received. If the dossiers are not complete and valid, request the object
owners to supplement and complete the dossiers.
4. Inspection of object and grant of certificate
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Section 2. ORDER, PROCEDURES FOR GRANT OF
CERTIFICATES FOR THE LOTS OF OBJECTS RE-EXPORTED
Article 7. Dossier
1. Dossier
a) A written registration for
exported/re-exported plant quarantine (Form 9 issued together with Appendix 1
of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).
b) A certificate of imported, transitted and
transported-locally plant quarantine (A copy and present the original for
comparison).
c) A certificate of plant quarantine of the
exporting country (A copy).
d) Bill of Lading (B/L): Applies to objects
re-exported by seaway (A copy and present the original for comparison). Object
owners only submit the bill of lading to the plant quarantine agencies when the
objects were inspected, quarantined and met conditions for re-export as
prescribed.
đ) Packing list (Packinglist): Applies to the
objects exported by seaway in the event of heterogeneous objects (A copy and
present the original for comparison).
e) The written authorization of the object
owners: Applicable in case the object owners authorize others to register for
plant quarantine (Original). For objects re-exported through the border gates
or pathway entrance, it does not require the authorizations of the object
owners.
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2. Number of dossier: 01 set.
Article 8. The order and procedures for
granting certificate
1. Registration for plant quarantine
Object owners or the persons who are authorized
by object owners shall register for plant quarantine with the nearest plant
quarantine agencies at least 24 hours before re-exporting the objects.
2. Filing dossier
Object owners or the persons who are authorized
by object owners shall file dossiers directly to the plant quarantine agencies
at the department receiving dossiers and returning the results.
3. Receipt and inspection of the completeness
and validity of dossiers
Plant quarantine agencies shall receive and
inspect the completeness and validity of the dossiers requesting for
certificates as prescribed. If the dossiers are complete and valid, they shall
be received. If the dossiers are not complete and valid, request the object
owners to supplement and complete the dossiers.
4. Inspection of object and grant of certificate
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Section 3. ORDER, PROCEDURES FOR GRANT OF
CERTIFICATES FOR THE LOTS OF OBJECTS IMPORTED
Article 9. Dossier
1. Dossier
a) A written registration for quarantine (Form 3
issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated
March 27, 2012, original).
b) A declaration of plant quarantine: Applies to
the imported objects transported by seaway before docking (Form 4 issued
together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27,
2012, original).
c) A certificate of plant quarantine issued by
the plant quarantine agency of the exporting country or a written certification
of equivalent value (the original).
d) A permit of imported plant quarantine:
Applies to objects required for pest risk analysis before being imported into
Viet Nam (A copy and present the original for comparison).
đ) Bill of Lading (B/L): Applies to objects
imported by seaway (A copy and present the original for comparison).
e) Packing list (Packinglist): Applies to the
objects imported by seaway in the event of heterogeneous objects (A copy and
present the original for comparison).
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h) The purchase and sale contract, the letter of
credit (if any) (A copy and present the original for comparison).
2. Number of dossier: 01 set.
Article 10. The order and procedures for
granting certificate
1. Registration for plant quarantine
Object owners or the persons who are authorized
by object owners shall register for plant quarantine with the nearest plant
quarantine agencies at least 24 hours before importing the objects.
2. Filing dossier
Object owners or the persons who are authorized
by object owners shall file dossiers directly to the plant quarantine agencies
at the department receiving dossiers and returning the results.
3. Receipt and inspection of the completeness
and validity of dossiers
Plant quarantine agencies shall receive and
inspect the completeness and validity of the dossiers requesting for
certificates as prescribed. If the dossiers are complete and valid, they shall
be received. If the dossiers are not complete and valid, request the object
owners to supplement and complete the dossiers.
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The plant quarantine agencies shall inspect the
objects. Based on the results of object inspection, the plant quarantine
agencies shall grant certificates or not. In case of refusing to grant
certificates, then notify the object owners, clearly stating the reasons
therefor.
Section 4. ORDER, PROCEDURES FOR GRANT OF
CERTIFICATES FOR THE LOTS OF OBJECTS TRANSITED
Article 11. Dossier
1. Dossier
a) A written registration for quarantine (Form 3
issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated
March 27, 2012, original).
b) A certificate of plant quarantine issued by
the competent plant quarantine agency of the country of origin or a written
certification of equivalent value (A copy and present the original for
comparison).
c) The written authorization of the object
owners: Applicable in case the object owners authorize others to register for
plant quarantine (Original).
2. Number of dossier: 01 set.
Article 10. The order and procedures for
granting certificate
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The object owners or the persons who are
authorized by object owners shall register for plant quarantine with the
nearest plant quarantine agencies at least 24 hours before the objects are
transited into the first border gate of Vietnam.
2. Filing dossier
Object owners or the persons who are authorized
by object owners shall file dossiers directly to the plant quarantine agencies
at the department receiving dossiers and returning the results.
3. Receipt and inspection of the completeness
and validity of dossiers
Plant quarantine agencies shall receive and
inspect the completeness and validity of the dossiers requesting for certificates
as prescribed. If the dossiers are complete and valid, they shall be received.
If the dossiers are not complete and valid, request the object owners to
supplement and complete the dossiers.
4. Supervision, inspection of object and grant
of certificate
The plant quarantine agencies shall supervise or
inspect the objects in accordance with provisions. Based on the results of
object supervision or inspection, the plant quarantine agencies shall grant
certificates or not. In case of refusing to grant certificates, then notify the
object owners, clearly stating the reasons therefor.
Chapter III
IMPLEMENTATION PROVISIONS
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1. Plant Protection Department shall:
Direct, guide, inspect the grant of certificates
of the plant quarantine agencies under the provisions of this Circular.
2. The plant quarantine agencies are responsible
for the inspection, documentation, grant of certificates and archiving records
as prescribed in this Circular and the provisions of the law on plant
quarantine.
3. Responsibilities of object owners:
a) To comply with the provisions of this
Circular and the provisions of the law on plant quarantine.
b) To comply with the provisions stated in the
professional papers of quarantine issued.
c) To pay for charges and fees of plant
quarantine in accordance with current regulations.
Article 14. Effect
This Circular takes effect from February 11,
2013.
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In the course of implementation, if any problems
arise, the organizations and individuals shall reflect to the Ministry of
Agriculture and Rural Development (Department of Plant Protection) for promptly
settlement. /.
FOR THE
MINISTER
DEPUTY MINISTER
Bui Ba Bong
