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
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.
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
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
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.
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.
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 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
- 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;
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