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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 34/2018/TT-BNNPTNT
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Hanoi, November 16, 2018
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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
Pursuant to the
Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining
functions, tasks, entitlements and organizational structure of the Ministry of
Agriculture and Rural Development;
Pursuant to the Law on
Fisheries dated November 21, 2017;
Pursuant to the
Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of
some Articles of the Law on Food Safety;
Pursuant to 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.
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1. Article 1 is amended
as follows:
“Article 1. Scope
This Circular provides
for:
1. Procedures for
issuance of Phytosanitary Certificate for import/export/transit with regard to
articles required to undergo plant quarantine; post-import plant quarantine.
2. Guidelines for plant
quarantine and inspection of food safety of plant source goods 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. Guidelines for plant
quarantine and state inspection of quality of imported plant source animal and
aquaculture feeds (hereinafter referred to as “imported plant source feeds”)
before customs clearance with respect to shipments (shipments of articles) that
have to undergo both plant quarantine and state inspection of quality”.
2. Clause 1 of Article 1
is amended as follows:
“1. Application for plant
quarantine
The applicant shall
submit 01 application for quarantine of imported plants to a plant quarantine
authority, whether directly or by post or through the National Single-Window
System (online)”.
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“Article 7a.
Applications and procedures for plant quarantine and inspection of food safety
of plant source goods that have to undergo both plant quarantine and state
inspection of food safety
1. Applications for plant
quarantine and inspection of food safety of imported plant source goods 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 (hereinafter referred to as “the Decree No. 15/2018/ND-CP”).
The registration of plant
quarantine and inspection of food safety of imported plant source goods shall
be prepared using the form in the Appendix Ia hereof.
2. Procedures for plant
quarantine and inspection of food safety of imported plant source goods are
specified in Article 7 of this Circular and Article 19 of the Decree No.
15/2018/ND-CP.
3. The Certificate of
plant quarantine and inspection of food safety of imported plant source goods
shall be issued using the form in the Appendix IIa hereof with respect to shipments
that are free from quarantine pests or pests under control in Vietnam or alien
pests and satisfy requirements on safety of imported foods.
Article 7b.
Applications and procedures for quarantine and state inspection of quality of
shipments of imported plant source feeds that have to undergo both plant
quarantine and state inspection of quality
1. Applications for plant
quarantine and state inspection of quality of imported plant source feeds shall
be prepared as prescribed in Clauses 2 and 3 Article 6 of this Circular and
regulations of law on feeds.
The registration of plant
quarantine and inspection of quality of imported plant source feeds shall be
prepared using the form in the Appendix Ib hereof.
2. Procedures for plant
quarantine and state inspection of quality of imported plant source feeds are
specified in Article 7 of this Circular and regulations of law on feeds.
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4. Articles 18a and 18b
are added as follows:
“Article 18a. The
power to carry out state inspection of quality of imported plant source feeds
1. The Plant Protection
Department shall organize the state inspection and receipt and handling of
administrative procedures related to inspection of quality of imported plant
source feeds that are required to undergo plant quarantine before customs
clearance in accordance with regulations of the law on quality of products and
on feeds.
2. Regarding imported
plant and animal source feeds, the Plant Protection Department shall organize
the state inspection of their quality if the goods owner so requests. Where
necessary, the Plant Protection Department shall notify the Department of
Animal Health for cooperation in inspection.
Article 18b.
Responsibilities of authorities in charge of state inspection of imported plant
source feeds that are required to undergo plant quarantine
1. The Plant Protection
Department shall provide data on and results of state inspection of quality of
imported plant source feeds that have to undergo both plant quarantine and
state inspection of quality to the Directorate of Fisheries and Department of
Livestock Production on a daily basis or upon request.
2. The Directorate of
Fisheries or Department of Livestock Production shall immediately notify the
Plant Protection Department of violations against regulations on quality of
imported plant source feeds that have to undergo both plant quarantine and
state inspection of quality that are found while such feeds are being sold on
the market”.
Article 2. Amendments
to some articles of the Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017
of the Minister of Agriculture and Rural Development on guidelines for the
Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of
feeds
1. Clauses 2a and 3a are
added to Article 9 as follows:
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If the result of quality
inspection is not satisfactory, the organization designated to carry out
inspection shall send a notification of inspection result to the Plant
Protection Department and inspected entity, whether by post, fax or email.
Within 07 working days
from the receipt of the notification, if the inspected entity does not appeal
against the inspection result, the Department of Animal Health shall take
actions against violations as prescribed by law.
3a. Appeals against about
results of inspection of quality of imported feeds shall be settled
concurrently with administrative procedures for both plant quarantine and state
inspection of imported feed quality:
In case of disagreement
with the quality inspection result, the inspected entity is entitled to submit
a written request for re-inspection and re-analysis to the Plant Protection
Department.
The Plant Protection
Department shall carry out a test again or take other samples (when necessary)
and send them to another designated testing laboratory. Result of this test
serves as the basis for giving a final conclusion.
In the cases where there
is only 01 designated testing laboratory, the Plant Protection Department may
send testing samples to a foreign laboratory recognized by regional or
international accreditation organizations or designated/recognized by the
Ministry of Agriculture and Rural Development.”
2. Clause 4 is added to
Article 11 as follows:
“4. The Plant Protection
Department shall organize the state inspection and receipt and handling of
administrative procedures related to inspection of quality of imported plant
source feeds that are required to undergo plant quarantine before customs
clearance in accordance with regulations of the Government’s Decree No.
39/2017/ND-CP dated April 04, 2017.”
Article 3. Effect
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2. Article 1 of the
Circular No. 30/2017/TT-BNNPTNT dated December 29, 2017 of the Minister of
Agriculture and Rural Development is repealed.
Article 4. Transition
clauses
1. While the software has
not been completed to initiate procedures for both plant quarantine and
inspection of quality of imported plant source feeds through the national
single-window system, the Directorate of Fisheries or the Department of
Livestock Production shall continue to initiate 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, such regulations shall
continue to be applied until the expiry date of such written approval.
3. If applications for
registration of inspection of quality, applications for temporary exemption
from inspection or temporary reduced inspection of imported plant source feeds
that are required to undergo plant quarantine are submitted to the Directorate
of Fisheries or the Department of Livestock Production before the date of
initiating procedures for both plant quarantine and inspection of quality of
imported plant source feeds through the national single-window system, the
Directorate of Fisheries or the Department of Livestock Production shall keep
processing such applications as prescribed by law.
4. During the period a
national technical regulation on feeds is not available, the bases for
inspecting quality of imported plant source feeds 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.
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PP. THE MINISTER
THE DEPUTY MINISTER
Le Quoc Doanh
APPENDIX IA
REGISTRATION FORM FOR PLANT QUARANTINE AND INSPECTION OF
FOOD SAFETY OF IMPORTED PLANT SOURCE GOODS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018
of the Minister of Agriculture and Rural Development)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
REGISTRATION OF PLANT QUARANTINE AND INSPECTION OF FOOD
SAFETY OF IMPORTED PLANT SOURCE GOODS (1)
To: ……………………………………………………..(2)
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Address:
.......................................................................................................................
ID card/Citizen ID card
(for individuals) No. …………., date of issue …………, place of issue …………….
Phone number:
…………………………………... Fax/E-mail: ............................................
Hereby kindly request
plant quarantine and inspection of food safety of the following import
shipment: (3)
1. Name, address and
phone number of the importer:............................................
2. Name, address and
phone number of the trader responsible for goods quality:
…………………………………………………………………………………..
3. Shipment details:
No.
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Scientific name
Product group
Name and address of manufacturer
(Code, if any)
Inspection method
Number of document certifying inspection method(4)
(1)
(2)
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(4)
(5)
(6)
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4. Quantity and type of
packaging:
..................................................................................
5. Net weight:
……………………………..Gross weight ...................................
6. Contract No. or
payment document (L/C, TTr.) No. …………… Bill No. .....................
7. Name, address and
phone number of the exporter: ..................................................
8. Origin:
...................................................................................................
9. Exporting country:
......................................................................................................
10. Expected importing
date:
.................................................................................
11. Checkpoint of
departure (checkpoint of export):
..................................................................................
12. Checkpoint of arrival
(checkpoint of import):
.............................................................
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14. Location of
inspection:
..................................................................................................
15. Means of transport:
.......................................................................................
16. Purpose: .................................................................................................
17. Imported plant
quarantine permit (if any): ...................................................
18. Number of physical
certificate of plant quarantine and food safety inspection to be issued:
....................
19. Port of destination:
........................................................................................................
We are committed to:
maintain the status quo of imports, transport them to the registered location
and on the registered date, and only sell/use them after obtaining the
certificate of plant quarantine and food safety inspection(5) as
prescribed.
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Confirmation by
authority in charge of plant quarantine and food safety inspection
Goods are allowed to
be transported to: ………………………………………………………………. (specify the location) to follow
procedures for plant quarantine and food safety inspection (regarding the tightened
inspection method) at ……(specify time), on (date)…….. (month) …….. (year)…….
Reg. No ……….., date (dd/mm/yyyy) …….
Representative of inspection body(2)
(Signature, seal, full name)
Certification by
customs authority
(In case the shipment
is not allowed to be imported)
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………..(Place name), date (dd/mm/yyyy) ……….
Customs authority in charge of the area of the checkpoint………………….
(Signature, seal, full name)
____________________
(1) This registration form is shown on 2 sides of an A4 page;
(2) Name of the authority in charge of plant quarantine and
food safety inspection;
(3) All required entries, where applicable, shall be fully
completed in a correct order;
(4) Number of the notification issued by the competent
authority that the item has been inspected adopting the food safety inspection;
(5) This is required only when registering plant quarantine
and inspection of food safety of imports.
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APPENDIX IB
APPLICATION FORM FOR PLANT QUARANTINE AND INSPECTION OF
QUALITY OF IMPORTED PLANT SOURCE FEEDS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018
of the Minister of Agriculture and Rural Development)
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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REGISTRATION OF PLANT QUARANTINE AND INSPECTION OF QUALITY
OF IMPORTED PLANT SOURCE FEEDS
No.
…………………………………………..
(specified by the
applicant)
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…………………………………………..
(specified by the
inspection body)
To: ……………………………………………………………………………………………
1. Seller:
2. Address, Phone, Fax:
3. Port of departure:
4. Buyer:
ID card/Citizen ID card
(for individuals)
No.
, date of
issue
, place of issue
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6. Port of Destination:
7. Expected importing
date:
DESCRIPTION OF GOODS
8. Name of goods:
Scientific name (if
any):
9. Quantity, Volume:
Quantity and type of
packaging:
Net
weight:
Gross weight:
10. Origin:
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12. Registration number
13. Imported plant
quarantine permit (if any):
14. Manufacturer:
15. Location of
storage:
16. Date of sampling:
17. Location of
sampling:
18. Contact person:
19. Contract
No.
dated
20. Invoice No.
dated
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SPECIFIED BY INSPECTION BODY
22. Analytical
parameters required:
23. Policy on quality inspection:
(Number of written
confirmation of policy on quality inspection (temporary inspection/temporary
reduced inspection/tightened inspection)
24. Date of inspection:
25. Inspection body:
This registration is
used for customs clearance in term of imported goods. Consigner is required
to submit to the inspection body, afterward, all related document of the
imported goods.
We are committed to:
maintain the status quo of imports, transport them to the registered location
and on the registered date, and only sell/use them after obtaining the
Phytosanitary Certificate and Quality Certificate.
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……………….date:
Representative of applicant
(Signature and seal)
Confirmation by
authority in charge of quarantine and quality inspection
Goods are allowed to be
transported to: ……………………………………………………. (specify the location) to follow
procedures for quarantine and quality inspection (regarding temporary reduced
inspection) at ……(specify time), on (date)…….. (month) …….. (year)…….
After obtaining the
Temporary Certificate of plant quarantine result or Phytosanitary Certificate,
the shipment may be transported to the warehouse for inspection of quality of
imported plant source feeds in accordance with regulations of law (regarding
the policy on normal inspection/tightened inspection).
The shipment is only
granted customs clearance after the Phytosanitary Certificate or Certificate of
quality is obtained.
………..(Place name), date (dd/mm/yyyy) ……….
Representative of inspection body
(Signature, seal, full name)
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(In case the shipment
is not allowed to be imported)
The shipment is not
allowed to be imported into Vietnam for the reason that: …………………………………………
(Place name), date (dd/mm/yyyy) ….
Customs authority in charge of the area of the checkpoint……………..
(Signature, seal, full name)
APPENDIX IIA
CERTIFICATE OF PLANT QUARANTINE AND INSPECTION OF FOOD
SAFETY OF IMPORTED PLANT SOURCE GOODS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018
of the Minister of Agriculture and Rural Development)
NAME OF SUPERVISORY AUTHORITY
(NAME OF INSPECTION BODY)
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CERTIFICATE OF PLANT QUARANTINE AND INSPECTION OF FOOD
SAFETY OF IMPORTED PLANT SOURCE GOODS
No. ……………./20…………/GCNNK
1. Name, address and
phone number of the importer:............................................
2. Name, address and
phone number of the trader responsible for goods quality:
…………………………………………………………………………………..
...................................................................................................................................
3. Name, address and
phone number of the exporter:
..................................................
4. Customs declaration
No. (if any)
...................................................................................
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6. Name and address of
manufacturer:………………………. Code (if any) ......................
7. Checkpoint of
departure (checkpoint of export):
...........................................................
8. Checkpoint of arrival
(checkpoint of import): ................................................................
9. Date of inspection:
.................................................................................................
10. Location of
inspection: ..................................................................................................
11. Food safety
inspection method: ...................................................
12. Shipment details:
No.
Name of item
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Product group
Quantity/ weight
Means of transport
Port of arrival
Port of destination
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The above shipment has
been inspected and no object subject to plant quarantine or object subject to
quarantine control by Vietnam or harmful alien organism has been detected.
□ The above shipment has
been inspected and detected……………. (specify the species) is an object
subject to plant quarantine or subject to quarantine control by Vietnam. The
shipment has been handled to completely remove the above harmful organism.
□ The above shipment has
been inspected and a harmful alien organism has been detected. The shipment has
been handled to completely remove the above harmful organism.
□ The above shipment has
satisfied food safety requirements.
SEVERAL REQUIREMENTS FOR GOODS CONSIGNMENT AND RECEIPT:
□ The shipment is allowed
to be used at the prescribed location;
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□ Other requirements:
……………………………………………………………………………………
This Certificate is
issued pursuant to:
□ Imported plant quarantine
permit No. …………..dated ……/……/…………………………………..
□ Registration of plant
quarantine and inspection of food safety of plant source goods;
□ Phytosanitary
Certificate of the exporting country;
□ Result of inspection at
plant quarantine laboratory;
□ Result of analysis of
food safety parameters by designated conformity assessment body (in case of
tightened inspection);
□ Packaging material
treatment seal of the exporting country;
□ Other:
…………………………………………………………………………………….
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date (dd/mm/yyyy) ...
Representative of inspection body
(signature and seal)
_______________________
Note: Goods are not permitted to be transported to other
locations unless otherwise permitted by the authority in charge of plant
quarantine and food safety inspection.