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THE MINISTRY OF AGRICULTURE AND
RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 84/2002/QD-BNN
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Hanoi, September 24, 2002
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DECISION
ISSUING THE REGULATION ON STATE MANAGEMENT OVER ACTIVITIES OF
DISINFECTION VAPORIZATION OF ARTICLES LIABLE TO PLANT QUARANTINE
THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Government’s Decree No. 73/CP of November 1,
1995 on the functions, tasks, powers and organizational structure of the Ministry
of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 58/CP of June 3, 2002 guiding the
implementation of the Plant Protection and Quarantine Ordinance;
At the proposals of the directors of the Plant Protection Department and the
Science, Technology and Product Quality Department,
DECIDES:
Article 1.- To issue together with this
Decision the Regulation on State management over activities of disinfection
vaporization of articles liable to plant quarantine.
This Regulation shall apply to
organizations and individuals engaged in disinfection vaporization activities
within the Vietnamese territory.
Article 2.- This Decision takes implementation
effect 15 days after its signing. To annul Decision No. 189/NN-BVTV/QD of March
31, 1994 of the Minister of Agriculture and Foodstuff Industry, issuing the
Regulation on State management over activities of disinfection of articles
liable to plant quarantine, and other regulations contrary to this Regulation.
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FOR THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Bui Ba Bong
REGULATION
ON STATE MANAGEMENT OVER ACTIVITIES OF DISINFECTION VAPORIZATION OF
ARTICLES LIABLE TO PLANT QUARANTINE
(Issued together
with Decision No. 84/2002/QD-BNN of September 24, 2002 of the Minister of
Agriculture and Rural Development)
Article 1.- Disinfection vaporization is a
measure of disinfection by vaporization with toxic chemicals to kill organisms
harmful to articles liable to plant quarantine prescribed in Article 3 of the
Regulation on Plant Quarantine issued together with the Government’s Decree No. 58/2002/ND-CP of June
3, 2002.
Article 2.- The Plant Protection Department’s tasks concerning disinfection
vaporization activities:
1. Elaborating and promulgating
disinfection vaporization standards and process.
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3. Periodically (once a year) or
unexpectedly inspecting the disinfection vaporization practice conditions of
organizations and individuals specified in Article 30 of the Regulation on
Plant Quarantine issued together with the Government’s Decree No. 58/2002/ND-CP of June
3, 2002.
4. Overseeing activities of
vaporization to disinfect articles liable to plant quarantine when they are
infected with Vietnam’s plant quarantine objects or
strange harmful organisms and at the requests of these articles owners.
Article 3.- Content of disinfection supervision
1. Checking disinfection
vaporization practice certificates.
2. Checking equipment used for
disinfection vaporization practice.
3. Supervising chemicals used to
disinfect articles liable to plant quarantine according to the provisions of
law.
4. Supervising disinfecting
techniques, including chemical concentration, chemical amounts, disinfection
time, harmful organisms to be eliminated, strictly according to the technical
processes issued by the Ministry of Agriculture and Rural Development.
5. Supervising the conditions for
ensuring safety for people and environment in the process of disinfection
vaporization activities.
Article 4.- Organizations and individuals
engaged in activities of vaporization to disinfect articles liable to plant
quarantine within the Vietnamese territory must satisfy all conditions
prescribed in Article 30 of the Regulation on Plant Quarantine issued, together
with the Government’s Decree No. 58/2002/ND-CP of June
3, 2002 and Article 5 of this Regulation.
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Article 5.- Organizations engaged in
disinfection vaporization activities must satisfy all the following conditions:
1. The persons who directly manage
and run (general directors, deputy general directors, directors, deputy
directors, head of technical sections, for business and public-utility
enterprises; owners of private enterprises) and the persons in direct charge of
disinfection vaporization must possess disinfection vaporization practice
certificates granted by competent authorities.
2. The contingent of officials and
technical workers directly conducting disinfection vaporization must undergo a
training course on disinfection vaporization and be tested on their
professional qualifications and skills by the Plant Protection Department or
the regional Plant Quarantine Sub-Departments.
3. Having technical process as well
as means and equipment according to the provisions of Decision No.
70/1998/QD-BNN-KHCN of May 6, 1998 of the Ministry of Agriculture and Rural
Development and other regulations to ensure safe disinfection vaporization
activities for people, domestic animals and environmental sanitation and
prevent explosions and fires according to the regulations of the Ministry of
Science, Technology and Environment, the Ministry of Public Security and the
Ministry of Health.
4. Having the working venues,
chemical storehouses and equipment strictly according to the regulations of
competent State bodies.
Article 6.- Conditions for granting
disinfection vaporization practice certificates are prescribed in Article 31 of
the Regulation on Plant Quarantine issued together with the Government’s Decree No. 58/2002/ND-CP of June
3, 2002.
The conditions prescribed in Clause
1 of Article 31 shall apply exclusively to the persons who have directly
managed and run disinfection vaporization activities, as before June 18, 2002,
the effective date of the Government’s Decree No. 58/2002/ND-CP.
Article 7.- Competence to grant disinfection
vaporization practice certificates:
1. The regional Plan Quarantine
Sub-Departments shall grant disinfection vaporization practice certificates to
individuals engaged in activities of vaporization to disinfect domestically
preserved articles liable to plant quarantine.
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Article 8.- Procedures for granting
disinfection vaporization practice certificates:
1. Dossiers consist of:
a/ The results of training on
disinfection vaporization activities, granted by competent authorities.
Particularly for persons prescribed in Clause 1 of Article 31 of the Regulation
on Plant Quarantine issued together with the Government’s Decree No. 58/2002/ND-CP of June
3, 2002, they must possess written certifications of the duration of their
working in the disinfection vaporization field, issued by the managing agencies
where they used to work.
b/ Written application for the
granting of a disinfection vaporization practice certificate.
c/ CV of the applicant (certified by
the local administration or managing agency).
d/ A health certificate issued by
the health agency of district, equivalent or higher level.
e/ Notarized copies of other
relevant diplomas and certificates
f/ Two 3 cm x 4 cm photos.
2. Within 15 days after receiving
the dossiers, the competent authorities shall consider them and grant disinfection
vaporization practice certificates. Where the competent authorities cannot
grant certificates within the above-said time limit, they shall notify in
writing the organizations and individuals thereof.
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4. Fees must be paid according to
the State’s regulations.
Article 9.- Implementation and granting of
disinfection vaporization practice certificates are prescribed as follows:
1. Only disinfection vaporization
organizations that satisfy all practice conditions prescribed in Article 5 of
this Regulation can grant certificates for disinfection vaporization of
articles liable to plant quarantine.
2. The disinfection and the granting
of certificates for disinfection of articles liable to plant quarantine, which
are infected with plant quarantine objects, must be designated and supervised
by the plant quarantine agencies (which are attached to or authorized by the
Plant Protection Department).
3. Quarterly and annually these
organizations shall report on the situation of vaporization to disinfect
articles liable to plant quarantine at the requests of the plant quarantine
agencies.
4. In cases where they discontinue
their practice of vaporization to disinfect articles liable to plant
quarantine, they must report such in writing to competent plant quarantine
State agencies.
Article 10.- It is strictly forbidden to lend or
lease disinfection vaporization practice certificates to other persons or use
them for other purposes. If organizations and individuals engaged in the
disinfection vaporization practice violate the disinfection regulations, they
shall be handled according to the current regulations on sanctions against
administrative violations in the plant protection and quarantine work.
Article 11.- The disinfection vaporization
practice certificates shall constitute one of the conditions for the competent
authorities to grant business registration certificates.
The Plant Protection Department
shall coordinate with the responsible functional agencies in guiding,
inspecting and urging the implementation of this Regulation..
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FOR THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
VICE MINISTER
Bui Ba Bong