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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
36/2001/PL-UBTVQH10
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Hanoi,
July 25, 2001
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ORDINANCE
ON THE PLANT PROTECTION AND QUARANTINE
In order to enhance the State management
effect, to raise the effectiveness of the prevention and elimination of
organisms harmful to plant resources, contributing to developing the modern and
sustainable agricultural production, protecting the people’s health, conserving
the environment and maintaining the ecological balance;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, eighth session, on
the 2001 law- and ordinance-making program;
This Ordinance prescribes the plant protection and quarantine,
Chapter I
GENERAL PROVISIONS
Article 1.- The plant
protection and quarantine prescribed in this Ordinance cover the prevention and
elimination of organisms harmful to plant resources, the plant quarantine and
the management of plant protection drugs.
Article 2.- This
Ordinance is applicable to Vietnamese and foreign organizations and individuals
engaged in the production of, trading in, and use of plant resources, and in
other activities related to the plant protection and/or quarantine on the
Vietnamese territory, except for cases otherwise provided for by international
agreements which the Socialist Republic of Vietnam has signed or acceded.
Article 3.- In this
Ordinance, the following words and phrases are construed as follows:
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2. "Harmful organisms" include
microorganisms, pests, weeds, mice and other organisms harmful to plant
resources.
3. "Alien harmful organisms" mean
harmful organisms not yet identified scientifically and not yet ever discovered
at home.
4. "Useful organisms" include
funguses, insects, animals and other organisms that have the effect on limiting
the harms caused by harmful organisms to plant resources.
5. "Plant quarantine objects" are
species of harmful organisms which are likely to cause serious damage to plant
resources in areas where they have not yet appeared or have appeared on a
narrow scale.
6. "Plant quarantine-liable articles"
are plants, plant products, means of production, preservation and transport, or
other articles capable of carrying plant quarantine objects.
7. "Plant resource owners" are
organizations and individuals having the right to own, to use or directly
manage plant resources.
8. "Owners of plant quarantine-liable
articles" are organizations and individuals having the right to own, to
use or directly manage such articles.
9. "Plant protection drugs" are
preparations originating from chemicals, plants, animals, microorganisms and
other preparations used to prevent and eliminate organisms harmful to plant
resources.
10. "Plant varieties" include seeds,
tubers, saplings, tree parts or other biological substances used for breeding.
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Article 4.- Plant
protection and quarantine shall be carried out on the following principles:
1. Prevention is most important. Detection and
elimination must be timely and thorough, ensuring the effective prevention and
elimination of harmful organisms, safety for the people�s health; limiting environmental pollution and
maintaining ecological balance.
2. Combination of immediate and long-term
benefits, ensuring common benefits of the entire society.
3. Application of scientific and technological
advances, combination of modern sciences and technologies and the population’s
experiences.
Article 5.- The State
creates conditions for domestic and foreign organizations and individuals to
invest in preventing and eliminating organisms harmful to plant resources.
The State encourages the investment and research
in the production of, trading in and use of plant protection drugs of
biological origin and less toxicity, as well as integrated preventive and eliminative
measures.
Article 6.- State
agencies, economic organizations, political organizations, socio-political
organizations, social organizations, socio-professional organizations, armed
force units and all individuals shall have to abide by the provisions of this
Ordinance.
The Vietnam Fatherland Front Committee and the
Front’s member organizations shall, within the ambit of their tasks and powers,
have to propagate and mobilize people to abide by, and supervise the
implementation of, the law provisions on plant protection and quarantine.
Article 7.- All acts of
causing harms to the plant resources, people’s health, environment and
ecological system shall be strictly prohibited.
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PREVENTION AND
ELIMINATION OF ORGANISMS HARMFUL TO PLANT RESOURCES
Article 8.- The
prevention and elimination of organisms harmful to plant resources must be
carried out regularly, synchronously and timely through studying,
experimenting, producing, exploiting, processing, preserving, trading, using,
exporting, importing, temporarily importing for re-export, temporarily
exporting for re-import, transiting and other activities related to plant
resources.
Article 9.- The
prevention and elimination of organisms harmful to plant resources cover:
1. Investigation, detection, projection,
forecasting and notification of the possibility, time of emergence,
distribution area and extent of harm caused by harmful organisms.
2. Decision and guidance on the application of
measures to prevent and eliminate harmful organisms.
3. Guidance on the application of scientific and
technological advances to the prevention and elimination of harmful organisms.
Article 10.- Plant
resource owners shall have the following rights and obligations:
1. To request the competent State bodies in
charge of plant protection and quarantine to notify the situation of harmful
organisms in the areas and provide guidance on the application of preventive
and eliminative measures.
2. To take initiative in making and implementing
plans to prevent and eliminate harmful organisms.
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4. To apply measures suited to their capability
to effectively prevent and eliminate organisms harmful to plant resources, not
to let them spread and destroy plant resources of other persons.
5. To apply preventive and eliminative measures
in time in order to protect plant resources at the requests of the competent
State bodies in charge of plant protection and quarantine.
Article 11.-
1. Where there are signs
that harmful organisms may develop into a plague, the competent State bodies in
charge of plant protection and quarantine must quickly determine and guide
plant resource owners to promptly take preventive and eliminative measures.
2. When harmful organisms grow quickly and
densely on a large scale, posing a danger of seriously damaging plant resources
on the area of a province or centrally-run city, the president of the People’s
Committee of such province or city shall consider and decide to declare the
plague, then report it to the Minister of Agriculture and Rural Development.
Where the plague occurs in an area covering two or more provinces, the Minister
of Agriculture and Rural Development shall consider and decide to declare the
plague, then report it to the Prime Minister.
Article 12.-
Responsibilities of State bodies, organizations and individuals when there are
plague declaration decisions:
1. The Minister of Agriculture and Rural
Development shall guide and direct the localities where plagues occur to
quickly stamp them out and prevent them from spreading to other areas; base
himself/herself on the gravity of the plagues to decide or propose the Prime
Minister to decide to apply necessary measures to stamp them out.
2. The presidents of the People’s Committees at
all levels of the places where plagues outbreak must organize and direct concerned
agencies to coordinate with social organizations, mobilize the people in these
plague-stricken places to immediately take effective measures to stamp out the
plagues and prevent them from spreading to other areas. Basing themselves on
the danger and the contagiousness of the plagues, the presidents of the
People’s Committees of the plague-stricken places shall report to their
immediate superiors for the application of necessary measures to stamp out the
plagues, overcome their consequences and prevent their possible re-occurrence.
3. Concerned plant resource owners,
organizations and individuals in the plague-stricken places must apply measures
to stamp out plagues under the guidance of the competent bodies.
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Article 13.- The
following acts are strictly forbidden:
1. Applying plant protection measures likely to
pose danger to men, useful organisms and destroy the environment and ecological
system.
2. Failing to apply preventive measures though
being so capable of, thus letting harmful organisms develop into a plague and
destroy plant resources.
3. Putting in trading and use products with
residual volumes of plant protection drugs exceeding the permitted limits.
4. Importing, exporting, producing,
transporting, stockpiling, trading in, and using plant varieties heavily
infected with pests or carrying dangerous pests.
Chapter III
PLANT QUARANTINE
Article 14.-
1. The plant quarantine
work must ensure accurate, quick and timely detection and conclusion of the
situation on plant quarantine-liable articles infected with plant quarantine
objects
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a/ Applying measures to examine plant quarantine-liable
articles;
b/ Deciding appropriate measures to handle
articles infected with plant quarantine objects;
c/ Overseeing and certifying the application of
handling measures;
d/ Investigating, monitoring and supervising the
situation of harmful organisms on imported plant varieties and plant products
kept in warehouses;
e/ Popularizing and guiding the methods of
detecting and identifying plant quarantine objects, plant quarantine rules and
measures.
3. The plant protection and quarantine agencies
shall be furnished with necessary and modern equipment to discharge their
assigned tasks.
Article 15.- For each
period, the Minister of Agriculture and Rural Development shall determine and
publicize the list of plant quarantine objects and the list of plant
quarantine-liable articles
Article 16.- Owners of
plant quarantine-liable articles must monitor the harmful organism-infection
status of their plant quarantine-liable articles.
When detecting or doubting that there are plant
quarantine objects which are on the publicized list or alien harmful organisms,
the owners of the carrying articles must apply necessary measures to kill them
and prevent their spread and at the same time immediately inform the competent
State bodies in charge of plant protection and quarantine or the nearest local
administrations thereof.
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1. When detecting plant
quarantine objects which are on the publicized list or alien harmful organisms,
the competent State bodies in charge of plant protection and quarantine must decide
on measures to encircle and eliminate such objects and request the owners of
the carrying articles to immediately apply these measures.
2. Where plant quarantine objects or alien
harmful organisms have developed into a plague, the competent State bodies in
charge of plant protection and quarantine shall have to immediately report such
to competent bodies for decision to declare the plague under the provisions of
Article 11 of this Ordinance.
Article 18.-
1. Plant quarantine shall
apply to all plant quarantine-liable articles, which are imported, temporarily
imported for re-export or temporarily exported for re-import.
2. Where plant quarantine objects are detected,
they shall be handled as follows:
a/ If the articles are infected with plant
quarantine objects which have not yet appeared on the Vietnamese territory but
are on Vietnam’s list of plant quarantine objects, they shall be either banned
from import and returned to their origin place or destroyed.
b/ If the articles are infected with plant quarantine
objects which are distributed on a narrow scale on the Vietnamese territory and
on Vietnam’s list of plant quarantine objects or other alien harmful organisms,
before being transported inland, thorough handling measures decided by the
competent State bodies in charge of plant protection and quarantine must be
applied.
3. Where there are not enough grounds to make
conclusions on the state of plant quarantine-liable articles being affected
with plant quarantine objects, such articles must be put under strict
preservation at a designated place. Within the time limit stipulated by the
Government, competent State bodies in charge of plant protection and quarantine
shall have to make conclusion so that such articles may be used or handled
according to the provisions of Point a or Point b, Clause 2 of this Article.
Article 19.-
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2. When transporting useful organisms or plant
resources imported for breeding or with possible use for breeding from one
locality to another, the article owners must notify the competent State bodies
in charge of plant protection and quarantine of the destination localities for
monitoring and supervision.
3. New plant varieties, which are imported for
the first time, must be grown in mandated places to facilitate the monitoring
of the situation of harmful organisms and can be put into production only after
the competent State bodies in charge of plant protection and quarantine
conclude that they carry no plant quarantine objects.
Article 20.-
1. The plant quarantine
shall apply to exported plant quarantine-liable articles if the purchase and
sale contracts or international agreements that the Socialist Republic of
Vietnam has signed or acceded to stipulate that they must be quarantined.
2. Where plant quarantine-liable articles
against which handling measures have been applied fail to meet plant quarantine
standards, the competent State bodies in charge of plant protection and
quarantine shall not grant plant quarantine certificates.
Article 21.-
Organizations and individuals, before transiting plant quarantine-liable
articles on the Vietnamese territory, must obtain the consent of the competent
State bodies in charge of plant protection and quarantine and apply measures to
prevent harmful organisms on such articles from spreading into Vietnam. In case
of a spread, the article owners shall have to immediately report thereon to
Vietnam’s nearest competent State bodies in charge of plant protection and
quarantine and must apply protective measures and plant quarantine as provided
for by Vietnamese laws.
Article 22.-
Organizations and individuals, when importing, exporting, temporarily importing
for re-export, temporarily exporting for re-import or transiting plant
quarantine-liable articles in the cases specified in Clause 1, Article 18,
Clause 1, Article 20, and Article 21 of this Law, shall have to declare such to
the competent Vietnamese State bodies in charge of plant protection and
quarantine at Vietnam’s land road, railway, river way, seaway, airway and
postal border-gates and must obtain plant quarantine certificates granted by
these bodies.
2. The competent State bodies in charge of plant
protection and quarantine shall, upon receiving such written declarations, base
themselves on the character, quantity and category of the goods to decide on,
and notify the article owners of, the quarantine time and place.
3. The plant quarantine must be carried out
right after the plant quarantine-liable articles arrive at the places designated
by competent State bodies in charge of plant protection and quarantine.
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Article 23.- Where
foreign-originated plant quarantine-liable articles are scattered, abandoned in
or illegally introduced into Vietnam, their owners or detectors must
immediately report such to the competent Vietnamese State bodies in charge of
plant protection and quarantine in the nearest places for handling.
Article 24.-
Organizations and individuals that handle plant quarantine-liable articles by
sterile steaming method must have practicing certificates and meet other
conditions prescribed by the Government.
Article 25.- When
performing quarantine tasks, State employees must wear uniform, badges,
insignia and quarantine cards as prescribed by the Government.
Article 26.- Owners of plant
quarantine-liable articles must pay plant protection and quarantine charges and
fees according to law provisions.
Article 27.- It is
strictly forbidden to bring into Vietnam or spread from one region to another
in the country:
1. Plant quarantine objects on the publicized
list.
2. Alien harmful organisms.
3. Soil containing harmful organisms.
Chapter IV
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Article 28.- Plant
protection drugs are goods subject to restricted and conditional business. The
State performs the unified management over the production, export, import,
preservation, stockpiling, transportation of, trading in, and use of plant
protection drugs according to law provisions.
The State adopts preferential policies for
research and investment in, production of, trading in, and use of plant
protection drugs having biological origin and causing less toxicity.
Article 29.- The
Ministry of Agriculture and Rural Development shall have to:
1. Provide for the assay and registration of new
plant protection drugs for circulation in Vietnam.
2. Grant permits for the assay of new plant
protection drugs, certificates of registration of plant protection drugs in
Vietnam.
3. Annually publicize the detailed lists of
plant protection drugs permitted for use, plant protection drugs for restricted
use, and plant protection drugs banned from use, in Vietnam.
Article 30.-
1. The production,
processing, bottling, packing, reservation, preservation, transportation of,
trading in, use and destruction of plant protection drugs must ensure safety
for human beings, plants, livestock and the environment.
2. Where plant protection drugs are scattered or
leaked, the causers or their direct managers must promptly apply handling
measures according to law provisions; if drugs are scattered or leaked in large
quantities, thus possibly causing serious consequences, they must immediately
report such to the competent State bodies in charge of plant protection and
quarantine, environmental protection bodies, local administrations or concerned
bodies for handling and must bear responsibility therefor according to law
provisions.
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Article 31.-
1. Those who personally
manage and/or trade in plant protection drugs in the fields of production,
processing, bottling, packing and trading must have practicing certificates and
satisfy other conditions prescribed by the Government.
2. The licensing of foreign investment in the
fields of plant protection drug production, processing, bottling and packing in
Vietnam must be approved in writing by the Ministry of Agriculture and Rural
Development.
3. The importation of plant protection drugs not
on the lists of plant protection drugs permitted for use for assay and for use
in foreign-invested projects which are permitted to use these drugs, and of
plant protection drugs on the list of those subject to restricted use, must be
permitted in writing by the Ministry of Agriculture and Rural Development.
Article 32.-
1. Organizations and
individuals that import, produce, process, bottle, pack and/or trade in plant
protection drugs must ensure the quality standards already registered with the
competent State bodies in charge of plant protection and quarantine and their
marks and labels be inscribed according to law provisions.
2. Organizations and individuals that use plant protection
drugs must ensure the right objects, kinds, dosages and concentrations as
prescribed, the right time, use duration, isolation duration and permitted
scale.
3. Organizations and individuals that use plant
protection drugs must ensure safety for human beings, plants, livestock, food
quality and hygiene as well as environment and bear responsibility for the use
of plant protection drugs at variance with the provisions of Clause 2 of this
Article.
Article 33.-
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a/ Plant protection drugs on the list of those
banned from use in Vietnam;
b/ Fake plant protection drugs;
c/ Expired plant protection drugs which no
longer have use value;
d/ Plant protection drugs of unidentified
origin;
e/ Plant protection drugs outside the lists of
those permitted for use in Vietnam.
The Government shall specify kinds of drug to be
destroyed or returned back to their origin places.
2. The destruction of plant protection drugs and
their packages must comply with the Government’s stipulations, be supervised
and certified by the competent State bodies in charge of plant protection and
quarantine, environmental protection bodies and local administrations.
3. For plant protection drugs which have been
handled with measures of destruction or returning back to their places of
origin, organizations and individuals that have imported, produced and/or
traded in such plant protection drugs must incur all expenses therefor.
Article 34.- The reservation
of plant protection drugs is prescribed as follows:
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2. In provinces and centrally-run cities, there
shall be local reserves of plant protection drugs.
The setting up of the reserves of plant
protection drugs, the management and use of reserve plant protection drugs
shall be stipulated by the Government.
Article 35.- All the
following acts are strictly forbidden:
1. Producing, processing, bottling, packing, importing,
stockpiling, transporting, trading in and using plant protection drugs on the
list of those banned from use; fake plant protection drugs, plant protection
drugs of unidentified origin; plant protection drugs having marks or labels at
variance with law provisions; plant protection drugs outside the lists of those
restricted from use and permitted for use in Vietnam, except for cases where
they are permitted under the provisions of Clause 3, Article 31 of this
Ordinance.
2. Importing, trading in and using expired plant
protection drugs.
3. Advertising plant protection drugs which are
banned, or restricted from use, or outside the list of those permitted for use,
or at variance with their registered contents.
Chapter V
STATE MANAGEMENT OVER
PLANT PROTECTION AND QUARANTINE
Article 36.- Contents
of the State management over plant protection and quarantine include:
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2. Promulgating and organizing the implementation
of, legal documents on plant protection and quarantine.
3. Organizing the monitoring, detection and
identification of organisms harmful to plant resources; directing the
prevention and stamping out of plagues damaging plant resources; issuing plague
declaration decisions and annulling such decisions.
4. Organizing the implementation of the plant
quarantine work.
5. Organizing the registration, examination and
assay of plant protection drugs.
6. Granting and withdrawing permits for assay of
new plant protection drugs, permits for import of plant protection drugs
subject to restricted use or not on the list of those permitted for use, plant
quarantine certificates, certificates of registration of plant protection
drugs, practicing certificates of trading in plant protection drugs and
practicing certificates of sterile steaming.
7. Organizing scientific research, professional
training and fostering in plant protection and quarantine.
8. Propagating and popularizing the legislation
on and knowledge about plant protection and quarantine.
9. Supervising, inspecting, handling violations
and settling complaints and denunciations in the field of plant protection and
quarantine.
10. Effecting international cooperation in the
field of plant protection and quarantine.
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1. The Government shall
perform the unified State management over plant protection and quarantine
nationwide.
2. The Ministry of Agriculture and Rural
Development shall take responsibility to the Government for performing the State
management over plant protection and quarantine nationwide.
3. The ministries, ministerial-level agencies
and agencies attached to the Government shall, within the ambit of their
respective tasks and powers, perform the State management over plant protection
and quarantine.
4. The People�s
Committees at all levels shall perform the State management over and direct
plant protection and quarantine activities in combination with agricultural
promotion activities in their respective localities according to the
responsibility assignment by the Government.
5. The specialized plant protection and
quarantine network shall be organized from the central to local level. The
Government shall specify the organizational structure, tasks and powers of the
specialized plant protection and quarantine agencies.
Article 38.- The plant
protection and quarantine inspectorate is a specialized inspectorate.
The specialized plant protection and quarantine
inspectorate shall have to inspect the observance of the legislation on prevention
and elimination of organisms harmful to plant resources, the plant quarantine
and management of plant protection drugs as well as propose measures to prevent
and stop acts of violating the legislation on plant protection and quarantine.
The organization and operation of the
specialized plant protection and quarantine inspectorate shall be stipulated by
the Government.
Article 39.-
Organizations and individuals shall be entitled to complain about acts of
violating the legislation on plant protection and quarantine to the competent
State bodies.
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The settlement of complaints and denunciations
against acts of violating the legislation on plant protection and quarantine
shall comply with the law provisions on complaints and denunciations.
Chapter VI
COMMENDATION AND
HANDLING OF VIOLATIONS
Article 40.-
Organizations and individuals that record achievements in the protection of
plant resources, the prevention of harmful organisms or make merits in the
detection and stop of acts of violating the legislation on plant protection and
quarantine shall be commended and/or rewarded according to law provisions.
Article 41.- Those who
violate the provisions of this Ordinance, forge permits, certificates and
practicing certificates in the field of plant protection and quarantine or
violate other law provisions on plant protection and quarantine shall,
depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability according to law
provisions.
Article 42.- Those who
take advantage of their positions and powers or abuse their powers in the
granting or withdrawal of permits, certificates and practicing certificates in
the field of plant protection and quarantine in contravention of law; show
irresponsibility or abuse their positions and powers in the enforcement of the
legislation on plant protection and quarantine; cover up violators or violate
other law provisions on plant protection and quarantine shall, depending on the
nature and seriousness of their violations, be disciplined or examined for
penal liability according to law provisions.
Article 43.- Those who
violate the legislation on plant protection and quarantine, thus causing damage
to the State, organizations and/or individuals, shall not only be handled
according to the provisions of Article 41 or 42 of this Ordinance but also have
to pay compensation therefor according to law provisions.
Chapter VII
IMPLEMENTATION
PROVISIONS
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This Ordinance replaces the Ordinance on the
Plant Protection and Quarantine passed by the Standing Committee of the
National Assembly on February 4, 1993.
All previous provisions contrary to this
Ordinance are hereby annulled.
Article 45.- The
Government shall specify and guide the implementation of this Ordinance.
ON BEHALF OF THE STANDING
COMMITTEE OF THE NATIONAL ASSEMBLY
CHAIRMAN
Nguyen Van An