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Official Gazette

Saturday, September 23, 2017

Law on Plant Protection and Quarantine

Updated: 16:20’ - 28/06/2014

From January 1 next year, the new Plant Protection and Quarantine Law (the Law) will take effect, superseding the 2001 Ordinance.

The 77-article Law provides the prevention and control of organisms harmful to vegetation, plant quarantine and management of pesticides. The Law applies to domestic and foreign organizations and individuals involved in plant protection and quarantine activities in Vietnam.

The Law specifies the State’s policies on plant protection and quarantine activities. Accordingly, the State will support the building of areas free of harmful organisms; and create and develop professional organizations to provide plant protection services associated with agricultural technical services to serve large-scale agricultural production. The State will also encourage the building of industrial parks producing pesticides and systems for collecting and treating pesticides and used pesticide packagings; and the manufacture and use of pesticide packagings made from recyclable materials.

Prevention and control of harmful organisms

Requirements on prevention and control of harmful organisms are provided in Article 14.

Vegetation owners must monitor to timely detect harmful organisms and apply appropriate measures to effectively and safely prevent and control organisms harmful to vegetation, not letting them spread. When detecting exotic harmful organisms or harmful organisms likely to cause serious damage, they must immediately report to the nearest commune-level People’s Committee or specialized plant protection and quarantine agency.

Under Article 17, plant pests must be announced when harmful organisms break out and are likely to rapidly spread on large areas and cause serious damage to vegetation; when detecting exotic harmful organisms or control objects which are likely to cause serious damage to vegetation; or when detecting that plant quarantine objects are penetrating into the Vietnamese territory and likely to spread. Provincial-level People’s Committee chairpersons may decide to announce pests in localities in the first case. The Minister of Agriculture and Rural Development may decide to announce pests in the first case when the pests are likely to spread and cause serious damage in two or more provinces, and in the remaining two cases. When plant pests have been put under control and are no longer likely to cause serious damage, persons competent to announce pests may announce that pests are over.

Plant quarantine

As required by the Law, quarantine must be conducted on articles subject to quarantine upon their import, export or transit and those subject to domestic quarantine under the Law, except cases eligible for quarantine exemption under regulations of the Minister of Agriculture and Rural Development.

In each period, the Minister of Agriculture and Rural Development will promulgate a list of articles subject to quarantine, a list of articles subject to quarantine and subject to pest risk analysis before being imported into Vietnam, a list of plant quarantine objects and a list of control objects.

Articles subject to quarantine must be banned from export or import if imported articles are identified as highly likely to carry plant quarantine objects which penetrate, spread and threaten domestic agricultural production or national food security and seriously affect Vietnam’s export or exported articles fail to satisfy the plant quarantine requirements of importing countries and are likely to lose export markets. The articles may continue to be exported or imported only after the above risks are remedied.

International cooperation

Under Article 11, international cooperation on plant protection and quarantine will focus on scientific research, technology transfer, technical training, experience sharing and information exchange in the prevention and control of harmful organisms, plant quarantine and pesticides.

 The central-level plant protection and quarantine agency will act as the focal point in exchanging information on plant protection, plant quarantine and pesticides in international cooperation activities.

Prohibited acts

Prohibited acts are listed in Article 13, including:

- Applying plant protection and quarantine measures in contravention of the Law;

 - Failing to apply or intentionally applying pest control measures in an improper manner;

- Importing, producing, transporting, storing or trading in plants infested with harmful organisms or using plant varieties infested with harmful organisms on the list of plant quarantine objects or the list of control objects, which have not yet been treated;

 - Dispersing harmful organisms;

- Carrying soil or importing harmful organisms into Vietnam, or rearing harmful organisms on a large scale, unless such is approved in writing by the Minister of Agriculture and Rural Development;

-  Producing, importing, trading in or using pesticides on the list of pesticides banned from use in Vietnam; pesticides which are counterfeit or of unclear origin, or have expired; or pesticides outside the list of pesticides permitted for use in Vietnam, except the cases specified in Clause 2, Article 67 of the Law;

- Advertising pesticides on the list of pesticides banned from use in Vietnam or pesticides outside the list of pesticides permitted for use in Vietnam, or advertising pesticides in contravention of the pesticide registration certificates; and

- Producing, trading in, using, preserving, transporting, discarding, collecting or treating pesticides and pesticide packagings in contravention of the Law.

To enforce the Law, two decrees are expected will be issued this year.-

 

VNL_KH1 

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