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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 19/VBHN-BNNPTNT
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Hanoi, May 27, 2024
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CIRCULAR
PROCEDURES FOR PLANT
QUARANTINE FOR IMPORT, EXPORT, TRANSIT AND POST-IMPORT OF ARTICLES SUBJECT TO
PLANT QUARANTINE
Circular
No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture
and Rural Development on procedures for plant quarantine for import, export,
transit and post-import of articles subject to plant quarantine, which comes
into force from January 01, 2015 is amended by:
1.
Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of
Agriculture and Rural Development on amendments to some Articles of Circular
No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No.
20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and
Rural Development, which comes into force from January 01, 2019.
2.
Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of
Agriculture and Rural Development on amendments to some Articles of Circular
No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of
practicing certificates for treatment of articles subject to plant quarantine
and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for
plant quarantine for import, export, transit and post-import of articles
subject to plant quarantine of the Minister of Agriculture and Rural
Development, which comes into force from January 21, 2022.
3.
Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of
Agriculture and Rural Development on annulment of some regulations in Circular
No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture
and Rural Development on amendments to some Articles of Circular No.
33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT
dated November 10, 2017 of the Minister of Agriculture and Rural Development,
which comes into force from May 16, 2024.
Pursuant
to the Law No. 41/2013/QH13 on Plant Protection and Quarantine;
Pursuant
to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013 on
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development of Vietnam;
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The
Minister of Agriculture and Rural Development promulgates Circular on
procedures for plant quarantine for import, export, transit and post-import of
articles subject to plant quarantine. [1]
Chapter I
GENERAL
PROVISIONS
Article 1. Scope [2]
This
Circular provides for:
1.
Procedures for issuance of Phytosanitary Certificate for import/export/transit
with regard to articles subject to plant quarantine; post-import plant
quarantine.
2.
Guidelines for plant quarantine and inspection of food safety of goods
originating from plants with respect to import shipments (shipments of
articles) that have to undergo both plant quarantine and state inspection of
safety of imported foods (state inspection of imported foods).
3[3].
(Annulled)
Article 2. Regulated entities
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Article 3. Definition of terms
In
this Circular, the terms below are construed as follows:
1.
“Import" means an act of importing,
temporarily importing, re-importing or transporting a shipment of articles to
another border checkpoint and to a bonded warehouse.
2.
“Export” means an act of exporting,
temporarily exporting or re-exporting a shipment of articles.
3.
”Shipment of articles” means a definite
amount of articles having the same conditions and immunity.
4.
”Plant quarantine bodies” include regional
plant quarantine sub departments, plant quarantine stations at border
checkpoints.
5.[4] “Phytosanitary inspection organization” means a
plant quarantine body or a laboratory center for inspection of harmful
organisms, controlled by the Plant Protection Department.
Article 4. General requirements for plant quarantine
1.
Quickly conducting examination to exactly identify pests subject to plant
quarantine or pests under control in Vietnam and alien pests that live on
articles during their import, export, transit, and after their import.
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Article 5. Fees [5]
Article
owners shall pay fees for plant quarantine and expenses for inspection of
harmful organisms according to regulations of the law.
Chapter II
PROCEDURES
FOR QUARANTINE OF IMPORTED PLANTS
Article 6. Application for quarantine of imported plants
1.
An application form for plant quarantine (according to regulations in Appendix
I enclosed herewith).
2.[6]
A photocopy or electronic copy or authentic copy of the phytosanitary
Certificate issued by the plant quarantine body of the exporting country.
If
the article owner submits the photocopy or the electronic copy, the authentic
copy shall be submitted before receipt of the phytosanitary Certificate of the
imported, transited and domestically transported shipment of articles.
3.[7]
An authentic copy or electronic copy or certified copy of License to conduct
imported plant quarantine (in case the License is required).
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1.[8]
Application for plant quarantine
The
article owner shall submit 01 application for quarantine of imported plants to
a plant quarantine body, whether in person or by post or through the National
Single-Window System (online)”.
2.
Receipt and inspection of the application
The
plant quarantine body shall be responsible for receiving and inspecting the
validity of the application according to the regulations. If the application is
not satisfactory, the quarantine body shall request the article owner to amend
and complete the application;
3.[9]
Examination of articles
a)
According to the result of inspection of the submitted application, the plant
quarantine body shall decide the location and assign officials to carry out the
immediate examination according to the following order:
Preliminary
examination: Carrying out the external examination of the shipment of articles,
packaging, means of transport; crevices, apertures and spots where harmful
organisms can hide; collecting insects flying, crawling, or clinging outside
the shipment;
Detailed
examination: Carrying out the internal examination and taking samples of the
shipment according to regulations of QCVN 01-141: 2013/BNNPTNT - National
technical regulation on methods of sampling for plant quarantine; collecting
articles that have harmful symptoms and organisms.
b)
Inspection of harmful organisms
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4.
Issuance of Phytosanitary Certificate
a)
If the shipment is free from pests subject to plant quarantine or pests under
control in Vietnam or alien pests, the plant quarantine body shall issue the
Phytosanitary Certificate for import, transit and domestic transport (according
to Appendix II enclosed herewith) within 24 hours from the beginning of the
quarantine.
If
the issuance duration exceeds 24 hours due to technical requirements or if the
application for Phytosanitary Certificate is rejected, the quarantine body
shall notify the article owner or provide explanation in writing.
b)
If the shipment is infected with pests subject to plant quarantine, pests under
control in Vietnam or alien pests, the plant quarantine body shall adopt
suitable measures for handling according to regulations.
c)
If the shipment is transported by a vessel whose hold is ≥ 3m in height and
must be divided into parts for inspection, after inspection of each part,
according to the result, the plant quarantine body shall issue the Temporary
Phytosanitary Certificate to the amount of articles that have been inspected
(according to the form in Appendix III enclosed herewith).
After
receipt of the Temporary Phytosanitary Certificate, the shipment may be put
into storage and may be only used for manufacture or trade when the
Phytosanitary Certificate for import, transit and domestic transport is issued.
According to the result of inspection of the whole shipment, the plant
quarantine body shall issue the Phytosanitary Certificate for import, transit
and domestic transport of such shipment.
Article 7a. Application and procedure for plant quarantine
and inspection of food safety of goods originating from imported plant, and
subject to both plant quarantine and state inspection of food safety[10]
1.
An application for plant quarantine and inspection of food safety of goods
originating from imported plant shall be prepared as prescribed in Clauses 2
and 3 Article 6 of this Circular and Clause 2 Article 18 of the Government’s
Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some
Articles of the Law of Food Safety (hereinafter referred to as “the Decree No.
15/2018/ND-CP”).
Written
registration of plant quarantine and inspection of food safety of goods
originating from imported plant shall be prepared according to the form in the
Appendix Ia hereof.
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3.
Certificate of plant quarantine and inspection of food safety of goods
originating from imported plant shall be issued according to the form in the
Appendix IIa hereof with respect to shipments that are free from pests subject
to plant quarantine or pests under control in Vietnam or alien pests and
satisfy requirements for safety of imported foods.
Article 7b[11]
. (Annulled)
Article 8. Notification of plant quarantine
1.
Notification given to the exporting country
The
Plant Protection Department shall notify the competent plant quarantine body of
the exporting country of:
a)
articles that are infected with pests subject to plant quarantine, pests under
control in Vietnam or alien pests and plant quarantine methods to be adopted.
b)
articles that have not been allowed to be imported into Vietnam;
c)
articles without Phytosanitary Certificates issued by the competent agency of the
exporting country;
d)
articles against regulations on plant quarantine of Vietnam.
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The
plant quarantine body shall notify the article owner or other relevant
organizations of:
a)
Cases prescribed in point a Clause 1 of this Article;
b)
Shipments that contain plant varieties or beneficial organisms.
Chapter III
PROCEDURES
FOR QUARANTINE OF EXPORTED PLANTS
Article 9. Application for quarantine of exported plants
1.
An application form for quarantine of exported or re-exported plants (using the
form in Appendix IV enclosed herewith).
2.[12]
An electronic copy or authentic copy of the Phytosanitary Certificate of the
exporting country (with regard to the re-export).
Article 10. Procedures for quarantine of exported plants
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The
article owner shall submit 01 application to the nearest plant quarantine body.
2.
Receipt and inspection of the application
The
plant quarantine body shall be responsible for receiving and inspecting the
validity of the application according to regulations in Clause 2 Article 7 of
this Circular.
3.
Examination of articles
According
to results of the inspection of the application, the plant quarantine body
shall decide the quarantine location at the manufacturer, the export place, the
domestic storage place or checkpoint of export and promptly appoint officials
to examine the shipment.
The
shipment of articles shall be examined according to regulations in Clause 3
Article 7 of this Circular.
4.
Issuance of Phytosanitary Certificate
a)
If the shipment of articles satisfies the plant quarantine requirements of the
importing country, the plant quarantine body shall issue such shipment with the
Phytosanitary Certificate (using the form in Appendix V enclosed herewith) or
the Phytosanitary Certificate for re-export (using the form in Appendix VI
enclosed herewith) within 24 hours from the beginning of quarantine.
If
the issuance duration exceeds 24 hours due to the technical requirements, the
plant quarantine body shall notify the article owner or provide explanation in
writing which clearly states reasons for the article owner.
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Chapter IV
PROCEDURES
FOR QUARANTINE OF PLANTS IN TRANSIT
Article 11. Application for quarantine of plants in transit
1.
An application form for plant quarantine (according to regulations in Appendix
I enclosed herewith).
2.[13]
A photocopy or electronic copy or authentic copy of the phytosanitary Certificate
issued by the exporting country.
If
the article owner submits the photocopy or the electronic copy, the authentic
copy shall be submitted before receipt of the phytosanitary Certificate of the
imported, transited and domestically transported shipment of articles.
3.[14]
An electronic copy or authentic copy or certified copy of License to conduct
imported plant quarantine.
Article 12. Procedures for quarantine of plants in transit
1.
Application for plant quarantine
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2.
Receipt and inspection of the application
The
plant quarantine body shall be responsible for receiving and inspecting the
validity of the application according to regulations in Clause 2 Article 7 of
this Circular.
3.
Examination of articles
According
to results of the inspection of the application, the plant quarantine body
shall decide the location and assign officials to carry out the immediate
examination according to the following order:
a)
Preliminary examination
Examining
the outside of the shipment of articles, packages, means of transport,
apertures and crevices where pests may hide; collecting insects that fly, crawl
or cling outside the shipment of articles.
b)
Detailed examination
Examining
the status of packages and the shipment; analyzing the collected samples of
articles and harmful organisms.
If
the package is not satisfactory, the article owner shall repack the shipment.
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a)
If the shipment of articles satisfies requirements for quarantine of plants in
transit, the plant quarantine body shall issue such shipment with the
Phytosanitary Certificate for import, transit and domestic transport within 24
hours from the beginning of the quarantine.
b)
If the shipment contains articles that are infected with pests subject to plant
quarantine, pests under control in Vietnam or alien pests, the plant quarantine
body shall decide to apply suitable measures for handling in accordance with
regulations.
Chapter V
POST-IMPORT
QUARANTINE
Article 13. Articles subject to post-import quarantine.
1.
Budwood, cultivar, graft and rootstock subject to plant quarantine for
post-import according to pest risk analysis results.
2.
Beneficial organisms
Article 14. Quantity of items subject to post-import
quarantine
1.
Budwood; bud, cultivar: 30-50 items.
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3.
Beneficial organisms: The quantity of beneficial organisms is specified in the
pest risk analysis report.
Article 15. Contents of post-import quarantine
1.
With regard to plant varieties:
Latent
pests specified in the pest risk analysis report shall be examined.
2.
With regard to beneficial organisms:
The
purity and the adaptability to a particularly host of organisms in isolation
areas serving multiplication shall be inspected.
With
regard to beneficial insects and spiders, the criteria of level-2 parasitism
shall be inspected.
Article 16. Procedures for post-import quarantine in
isolation area.
1.
Preliminary examination
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2.
Examination of the shipment of articles
a)
With regard to plant varieties
All
of articles that are grown in the isolation area serving plant quarantine shall
be examined. The isolation area shall meet the National Technical Regulation
issued by the Ministry of Agriculture and Rural Development;
Caring
methods appropriate to different varieties of plant shall be applied to ensure
their development and harmful organisms shall be facilitated so that they can
quickly display their symptoms;
All
the planted trees shall be examined both regularly and irregularly;
Samples
of trees that display unusual signals, samples of harmful organisms and
information on the symptoms shall be collected for assessment of pathogens in
the laboratory.
b)
With regard to beneficial organisms:
All
items shall be examined to evaluate the purity;
The
adaptability to a particular host shall be inspected and identified;
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3.
Result of post-import quarantine
After
the monitoring period, the agency in charge of post-import quarantine shall
report the examination result to the Plant Protection Department for
consideration and decision.
Article 17. Monitoring duration
The
duration of examination and monitoring of post-import quarantine is specified
for each type of plant varieties and beneficial organisms as follows:
1.
Bud, budwood, graft, rootstock: 1-2 years.
2.
Cultivar (tree): 6-12 months.
3.
Cultivar (bulb): 1 life cycle
4.
Beneficial organisms: at least 1 generation.
Chapter VI
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Article 18. Responsibilities of the Plant Protection
Department
1.[16]
Direct, provide guidance on and inspect the compliance with regulations in this
Circular by plant quarantine bodies and phytosanitary inspection organizations.
2.
Notify the exporting country in the cases prescribed in Clause 1 Article 8 of
this Circular.
3.
Disseminate regulations in this Circular to relevant organizations and
individuals.
Article 18a[17]
(Annulled)
Article 18b [18]
(Annulled)
Article 19. Responsibilities of the Plant Quarantine Body
1.
Receive, inspect the application, examine the shipment, issue the Phytosanitary
Certificate and perform other plant quarantine activities as prescribed in this
Circular.
2.
Store, transfer, transport and destroy samples of articles or harmful
organisms; draw up and store dossiers on plant quarantine according to
applicable regulations.
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This
Circular comes into force from January 01, 2015.
This
Circular replaces the Circular No. 65/2012/TT-BNNPTNT dated December 26, 2012
by the Minister of Agriculture and Rural development on procedures for issuance
of Phytosanitary Certificate Forms No. 3, 7, 8, 9, 10, 11 of Appendix I
enclosed with Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012 of the
Ministry of Agriculture and Rural Development on guidance on plant quarantine
documents shall be annulled.
Article 21. Implementation
The
Director of Plant Protection Department, Heads of relevant offices/organizations
and individuals shall be responsible for implementation of this Circular.
Any
difficulties that arise during the implementation should be reported to the
Ministry of Agriculture and Rural Development (Plant Protection Department) for
consideration and settlement./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Hoang Trung
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“The
Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions,
tasks, entitlements and organizational structure of the Ministry of Agriculture
and Rural Development;
The
Law on Fisheries dated November 21, 2017;
The
Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of
some Articles of the Law on Food Safety;
The
Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of
feeds;
At
the request of the Director of the Plant Protection Department, the General
Director of the Directorate of Fisheries and the Director of the Department of
Livestock Production;
The
Minister of Agriculture and Rural Development hereby promulgates a Circular on
amendments to some Articles of the Circular No. 33/2014/TT-BNNPTNT dated
October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of
the Minister of Agriculture And Rural Development.”
Circular
No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture
and Rural Development on amendments to some Articles of Circular No.
05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of
practicing certificates for treatment of articles subject to plant quarantine
and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for
plant quarantine for import, export, transit and post-import of articles
subject to plant quarantine of the Minister of Agriculture and Rural
Development is promulgated pursuant to:
“The
2013 Law on Plant Protection and Quarantine;
“The
Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions,
tasks, entitlements and organizational structure of the Ministry of Agriculture
and Rural Development;
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The
Minister of Agriculture and Rural Development herein issues the Circular on
amendments and supplements to several Articles of the Circular No.
05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of
practicing certificates for treatment of articles subject to plant quarantine,
and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for
plant quarantine for import, export, transit and post-import of articles
subject to plant quarantine, of the Minister of Agriculture and Rural
Development.”
Circular
No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and
Rural Development on annulment of some regulations in Circular No.
34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and
Rural Development on amendments to some Articles of Circular No.
33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT
dated November 10, 2017 of the Minister of Agriculture and Rural Development is
promulgated pursuant to:
“The
Law on Promulgation of Legislative Documents dated June 22, 2015; Law on
amendments to some Articles of the Law on Promulgation of Legislative Documents
dated June 18, 2020;
“The Law on Plant
Protection and Quarantine dated November 25, 2013;
The
Law on Fisheries dated November 21, 2017;
The
Law on Animal Husbandry dated November 19, 2018;
“The
Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 on functions,
tasks, entitlements and organizational structure of the Ministry of Agriculture
and Rural Development;
At
the request of the Director of the Plant Protection Department;
The Minister of
Agriculture and Rural Development promulgates Circular on annulment of some
regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the
Minister of Agriculture and Rural Development on amendments to some Articles of
Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No.
20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and
Rural Development.”
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[3] This Clause is
annulled by Clause 1 Article 1 of Circular No. 03/2024/TT-BNNPTNT dated April
01, 2024 of the Minister of Agriculture and Rural Development on annulment of
some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of
the Minister of Agriculture and Rural Development on amendments to some
Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular
No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture
and Rural Development, which comes into force from May 16, 2024.
[4] This Clause is
added by Clause 1 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December
06, 2021 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on
procedures for issuance of practicing certificates for treatment of articles
subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 on procedures for plant quarantine for import, export, transit and
post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[5] This Article is
amended by Clause 2 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December
06, 2021 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on
procedures for issuance of practicing certificates for treatment of articles
subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 on procedures for plant quarantine for import, export, transit and
post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[6] This Clause is
amended by Clause 3 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December
06, 2021 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on
procedures for issuance of practicing certificates for treatment of articles
subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 on procedures for plant quarantine for import, export, transit and
post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[7] This Clause is
amended by Clause 3 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December
06, 2021 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on
procedures for issuance of practicing certificates for treatment of articles
subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 on procedures for plant quarantine for import, export, transit and
post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[8] This Clause is
amended by Clause 2 Article 1 of Circular No. 34/2018/TT-BNNPTNT dated November
16, 2018 of the Ministry of Agriculture and Rural Development on amendments to
some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and
Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of
Agriculture and Rural Development, which comes into force from January 01,
2019.
[9] This Clause is
amended by Clause 4 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December
06, 2021 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on
procedures for issuance of practicing certificates for treatment of articles
subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 on procedures for plant quarantine for import, export, transit and
post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[10] This
Article is added by Clause 3 Article 1 of Circular No. 34/2018/TT-BNNPTNT dated
November 16, 2018 of the Ministry of Agriculture and Rural Development on
amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the
Minister of Agriculture and Rural Development, which comes into force from
January 01, 2019.
[11]
This Article is annulled by Clause 2 Article 1 of Circular No. 03/2024/TT-BNNPTNT
dated April 01, 2024 of the Minister of Agriculture and Rural Development on
annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November
16, 2018 of the Minister of Agriculture and Rural Development on amendments to
some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and
Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of
Agriculture and Rural Development, which comes into force from May 16, 2024.
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[13]
This Clause is amended by Clause 6 Article 2 of Circular No. 15/2021/TT-BNNPTNT
dated December 06, 2021 of the Minister of Agriculture and Rural Development on
amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February
12, 2015 on procedures for issuance of practicing certificates for treatment of
articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated
October 30, 2014 on procedures for plant quarantine for import, export, transit
and post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[14]
This Clause is amended by Clause 6 Article 2 of Circular No. 15/2021/TT-BNNPTNT
dated December 06, 2021 of the Minister of Agriculture and Rural Development on
amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February
12, 2015 on procedures for issuance of practicing certificates for treatment of
articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated
October 30, 2014 on procedures for plant quarantine for import, export, transit
and post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[15] Articles 3, 4 and 5 of the Circular No. 34/2018/TT-BNNPTNT
dated November 16, 2018 of the Ministry of Agriculture and Rural Development on
amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October
30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the
Minister of Agriculture and Rural Development, which comes into force from
January 01, 2019 stipulate as follows:
“Article 3. Entry into force
1.
This Circular comes into force from January 01, 2019.
2.
Article 1 of the Circular No. 30/2017/TT-BNNPTNT dated December 29, 2017 of the
Minister of Agriculture and Rural Development shall be annulled.
Article 4. Transition clauses
1.
While the software has not been completed to initiate procedures for both plant
quarantine and inspection of quality of feeds originating from imported plants
through the national single-window system, the Directorate of Fisheries or the
Department of Livestock Production shall continue to initiate administrative
procedures related to state inspection of quality of feeds through the national
single-window system within 06 months from the effective date of this Circular.
2.
In the cases where written approval for adoption of policy on temporary
exemption from inspection or temporary reduced inspection granted by the
Directorate of Fisheries or the Department of Livestock Production is available
before the date of initiation of
procedures for both plant quarantine and inspection of quality of feeds
originating from imported plants through the national single-window system,
such regulations shall continue to be applied until the expiry date of such
written approval.
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4. During the period
on which a national technical regulation on feeds is not available, the bases
for inspecting quality of feeds originating from imported plants are applied
standards.
The
Directorate of Fisheries and the Department of Livestock Production shall
prepare and propose the promulgation of the national technical regulation on
feeds as prescribed by law. Such regulation must come into force from January
01, 2020.
Article 5. Implementation
1.
The Director of the Plant Protection Department, the General Director of the
Directorate of Fisheries, the Director of the Department of Livestock
Production and heads of relevant units, organizations and individuals are
responsible for the implementation of this Circular.
2.
Any difficulties that arise during the implementation of this Circular should
be reported to the Ministry of Agriculture and Rural Development for
consideration and amendment./.
Article
3 of the Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the
Minister of Agriculture and Rural Development on amendments to some Articles of
Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for
issuance of practicing certificates for treatment of articles subject to plant
quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on
procedures for plant quarantine for import, export, transit and post-import of
articles subject to plant quarantine of the Minister of Agriculture and Rural
Development, which comes into force from January 21, 2022 stipulates as
follows:
“Article 3. Entry into force
This
Circular comes into force from January 21, 2021.
Any
difficulties that arise during the implementation of this Circular should be
reported to the Ministry of Agriculture and Rural Development (Plant Protection
Department) for consideration and settlement./.
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“Article 2. Implementation
1.
This Circular comes into force from May 16, 2024.
2.
Grandfather clauses
a)
If applications for plant quarantine and state inspection of quality of feeds
originating from imported plants are submitted before the effective date of
this Circular, regulations in the Circular No. 34/2018/TT-BNNPTNT shall be
applied.
b)
If applications for relief or exemption from state inspection of quality of
feeds originating from imported plants are submitted before the effective date
of this Circular, the Plant Protection Department shall continue to comply with
regulations of law on fishery and animal husbandry
c) Regarding feeds
originating from imported plants and issued with written certification of
relief or exemption from state inspection of quality by the Plant Protection
Department, they will continue to be relieved or exempted from state inspection
of quality during the period specified in the written certification./.”
[16]
This Clause is amended by Clause 7 Article 2 of Circular No. 15/2021/TT-BNNPTNT
dated December 06, 2021 of the Minister of Agriculture and Rural Development on
amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February
12, 2015 on procedures for issuance of practicing certificates for treatment of
articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated
October 30, 2014 on procedures for plant quarantine for import, export, transit
and post-import of articles subject to plant quarantine of the Minister of
Agriculture and Rural Development, which comes into force from January 21,
2022.
[17]
This Article is annulled by Clause 3 Article 1 of Circular No.
03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and
Rural Development on annulment of some regulations in Circular No.
34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and
Rural Development on amendments to some Articles of Circular No.
33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT
dated November 10, 2017 of the Minister of Agriculture and Rural Development,
which comes into force from May 16, 2024.
[18]
This Article is annulled by Clause 3 Article 1 of Circular No.
03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and
Rural Development on annulment of some regulations in Circular No.
34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and
Rural Development on amendments to some Articles of Circular No.
33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT
dated November 10, 2017 of the Minister of Agriculture and Rural Development,
which comes into force from May 16, 2024.