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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
02/2007/ND-CP
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Hanoi,
January 05, 2007
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DECREE
ON PLANT QUARANTINE
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization
of the Government;
Pursuant to the August 8, 2001 Ordinance on Plant Protection and Quarantine;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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Article 2.- Subjects of
application
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 of terms
In this Decree, the terms below are construed as
follows:
1. Harmful organisms means any species, strains
or biological types of fauna, flora or microorganisms which cause harms to
plants or plant products, including insects, diseased fungi, nematodes,
bacteria, viruses, phytophasma, weeds, rats and other organisms which are
harmful to plant resources (below called pests for short).
2. Plant quarantine objects (also called plant
quarantine pests) means those pests which 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. Regulated pests 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.
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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 of articles' infection with harmful organisms.
9. Article inspection means investigation, observation,
monitoring, sampling, analysis, 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 of disinfection
with the fumigation of toxic chemicals.
12. Epidemic nidus means a place where exists
one or several kinds of pests 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 of articles means a certain quantity of
articles with similar conditions and factors on epidemic susceptibility.
15. Plant quarantine station means a place where
articles subject to plant quarantine are inspected before they are moved.
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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 of plant quarantine measures means
the state of application of different plant quarantine measures, which bring
about the same results.
19. Supervision of pests means the process of
collecting and recording data on the appearance or non-appearance of pests
through investigation, monitoring or other procedures.
20. Harmonization of plant quarantine measures
means the establishment, recognition and application of plant quarantine
measures of different 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 of
plant origin and processed products of plant origin, which, due to the nature
of products or processing process, may pose the threat of introduction and
spread of pests.
23. New plant varieties imported for the first
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 impacts of pests which must be controlled.
25. Place of origin 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.
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27. Import plant 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 of article 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 of epidemic regions under plant
quarantine regulations.
When infected articles of different owners must
be treated simultaneously while 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 articles which are imported,
transited or transported from epidemic regions, the above-mentioned monitoring
must comply with the requirements and guidance of competent state agencies in
charge of plant protection and quarantine.
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 concurrently report it to the competent
state agency in charge of plant protection and quarantine or to the nearest
local administration.
4. To take measures for the treatment of
articles according to regulations of the competent state agency in charge of
plant protection and quarantine.
5. To pay plant quarantine charges according to
regulations and pay all article-treatment expenses. When article owners are not
available, owners or operators of the means of transport and article preservers
shall implement regulations on plant quarantine with regard to the means and
articles they transport or preserve and pay article-treatment expenses.
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7. To create conditions for plant quarantine
officers to perform their duties such as 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 of measures to monitor, prevent, annihilate and treat articles. To
directly treat infected articles which must be urgently treated and of which
the owners are incapable of treating them.
2. To conduct article quarantine and grant plant
quarantine certificates.
3. To supply necessary information on plant
protection and quarantine to countries of importation 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
according to Vietnamese standards.
5. To consider, assess and recognize the
equivalence of plant quarantine measures applicable to imported and exported
articles of other countries.
6. To apply urgent measures to prevent the
introduction and spread of pests when necessary.
7. To harmonize plant quarantine measures
according to standards, guidance and recommendations of the international
convention on plant protection.
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Article 6.- Responsibilities
and powers of plant quarantine officers
While performing their duties, plant quarantine
officers have the following responsibilities:
1. To conduct plant quarantine in accordance
with legal provisions on plant protection and quarantine.
2. To wear uniform, badges, rank insignia and
plant quarantine cards.
3 To be entitled to enter places where exist
articles subject to plant quarantine.
4. For secret security and defense places and
other 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
of state agencies and People's Committees at all levels
1. The Minister of Agriculture and Rural
Development shall, in each period, determine and promulgate:
a/ A list of regulated pests;
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2. Customs offices shall coordinate with plant
quarantine bodies in inspecting and supervising articles. Customs procedures
shall be completed for plant quarantine articles only after all plant
quarantine procedures have been carried out. The contents of plant quarantine
declarations are stated in the entry-exit declaration forms.
For articles which are forced by plant
quarantine bodies to be re-exported, destroyed or which, after quarantine, are
permitted under conclusion for import or export, plant quarantine bodies shall
notify such to customs offices at border gates where exist the import or export
articles. Customs offices and concerned agencies shall coordinate with plant
quarantine bodies in settling and handling concerned matters at the request of
plant 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 and tasks, coordinate with plant quarantine
bodies in inspecting, preventing and handling acts of violating the regulations
on plant quarantine.
4. People's Committees of all levels shall
direct relevant agencies in their localities in carrying out the work of plant
quarantine in accordance with legal provisions on plant protection and
quarantine.
Article 8.- Plant
quarantine procedures
1. Article owners or their authorized persons
shall:
a/ Make declaration with the nearest plant
quarantine bodies at least 24 hours before importing or exporting articles;
b/ Fill in the entry-exit declaration forms and
be inspected on the spot by plant quarantine bodies with regard to hand luggage
and luggage sent by means of transport containing articles;
c/ Submit plant quarantine registration papers
or plant quarantine certificates issued by Vietnamese plant quarantine bodies
together with customs dossiers in order to carry out customs clearance
procedures for articles being import goods or packed together with other import
goods (except for hand luggage and luggage sent by means of transport of
passengers on entry);
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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
1. 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 1, 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 1, Article 7
of this Decree.
4. Bringing into Vietnam plants with soil in any
form.
Chapter II
QUARANTINE OF IMPORT
PLANTS
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Articles imported into Vietnam must fully
satisfy the following conditions:
1. Being granted plant quarantine certificates by
competent plant protection agencies of countries of exportation or certificates
of equivalent 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 of this
Decree.
3. Plant quarantine bodies shall carry out pest
risk analysis for the import articles.
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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 of Article 8 of this 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
declaration 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 found, they must be treated thoroughly. The quarantine
of import articles transported by means of waterway transport shall be
conducted at Vietnamese ports.
4. Articles temporarily imported or temporarily
exported must go through plant quarantine procedures like import articles.
Article 13.- Imported
plant varieties and useful organisms
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;
b/ For plant varieties on the list of those
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
in charge of plant protection and quarantine in concerned localities for
further monitoring and inspection of harmful organisms.
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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 of Agriculture 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 of 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 of those certificates in the process of transportation, preservation
and use of articles.
Chapter III
QUARANTINE OF EXPORT
PLANTS
Article 15.- Grounds
for quarantine of exported plants
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1. It is so required by sale and purchase contracts
or treaties.
2. It is so requested by article owners.
Article 16.- Quarantine
of exported plants
1. Article owners shall notify in advance the
nearest plant quarantine bodies and carry out plant quarantine procedures
according to the provisions of Article 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 border gates where article owners have made registration. When
the quarantine has been conducted at inland production establishments or
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 of exported 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
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Article 18.- Conditions
for the quarantine of transited plants
1. Having plant quarantine certificates granted
by competent plant quarantine bodies of the countries of origin.
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 of origin.
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 of the countries of origin, Vietnamese plant quarantine bodies
shall inspect those articles and means of transport or suspend the
transportation till those articles are packed properly according to
regulations. Plant quarantine bodies shall inspect and supervise transited
articles so as to grant transited plant quarantine certificates.
Chapter V
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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 of
regulated 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 of Article 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, the completion of plant 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.
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a/ Checking imported plant quarantine
certificates granted by Vietnamese plant quarantine bodies for imported
articles, plant varieties or useful organisms;
b/ Monitoring, supervising places of sowing or
use;
c/ 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 of epidemic regions
and domestic plant quarantine stations when transporting articles out of
epidemic regions; conduct inspection, grant plant quarantine certificates for
domestically transported articles and supervise the transportation of articles
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; to guide and supervise article owners
in the application of treatment measures.
6. Where exist epidemic niduses and signs of
their prevalence into epidemic regions, competent state agencies in charge of
plant protection and quarantine shall immediately report such to competent
agencies for announcement of epidemics in accordance with the provisions of
Article 11 of the Ordinance on Plant Protection and Quarantine.
Chapter VI
TREATMENT OF ARTICLES
SUBJECT TO PLANT QUARANTINE
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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 of treatment measures in
plant quarantine shall comply with the regulations of plant 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/ If articles 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 of those measures;
b/ If articles are infected with pests on
Vietnam's list of plant quarantine pests which already exist in narrow
distribution in the Vietnamese territory, or infected with pests on the list of
regulated pests other than plant quarantine pests, thorough treatment measures
shall be decided by plant quarantine bodies. When Vietnamese conditions do not
permit the treatment, the articles shall be returned to their places of origin
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.
Article 25.- Treatment
of exported, transited and domestic articles
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.
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3. The treatment of articles infected with pests
in domestic plant quarantine shall comply with decisions of competent 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
of fumigation.
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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 of district or higher level.
Article 28.- Conditions
for the grant of fumigation 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 of district 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 of operation.
2. They shall grant fumigation certificates for
articles subject to plant quarantine.
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4. Their application of fumigation measures must
not effect the quality of goods, articles and health of the community. They
shall take responsibility for the results of fumigation.
Chapter VII
IMPLEMENTATION 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
of June 3, 2002. All previous regulations contrary to the provisions of this
Decree are annulled.
Article 31.-
Responsibilities for implementation
The Minister of Agriculture and Rural
Development shall guide the implementation of this Decree.
Ministers, heads of ministerial-level agencies,
heads of government-attached agencies and presidents of provincial/municipal
People's Committees shall implement this Decree.