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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 19/VBHN-BNNPTNT |
Hanoi, May 27, 2024 |
Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine, which comes into force from January 01, 2015 is amended by:
1. Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from January 01, 2019.
2. Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
3. Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024.
Pursuant to the Law No. 41/2013/QH13 on Plant Protection and Quarantine;
Pursuant to the Government’s Decree No. 199/2013/ND-CP dated November 26, 2013 on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development of Vietnam;
At the request of the Director of the Plant Protection Department;
The Minister of Agriculture and Rural Development promulgates Circular on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine. [1]
This Circular provides for:
1. Procedures for issuance of Phytosanitary Certificate for import/export/transit with regard to articles subject to plant quarantine; post-import plant quarantine.
2. Guidelines for plant quarantine and inspection of food safety of goods originating from plants with respect to import shipments (shipments of articles) that have to undergo both plant quarantine and state inspection of safety of imported foods (state inspection of imported foods).
3[3]. (Annulled)
This Circular applies to Vietnamese and foreign organizations and individuals that engage in import, export, transit or post-import of articles subject to plant quarantine in Vietnam.
Article 3. Definition of terms
In this Circular, the terms below are construed as follows:
1. “Import" means an act of importing, temporarily importing, re-importing or transporting a shipment of articles to another border checkpoint and to a bonded warehouse.
2. “Export” means an act of exporting, temporarily exporting or re-exporting a shipment of articles.
3. ”Shipment of articles” means a definite amount of articles having the same conditions and immunity.
4. ”Plant quarantine bodies” include regional plant quarantine sub departments, plant quarantine stations at border checkpoints.
5.[4] “Phytosanitary inspection organization” means a plant quarantine body or a laboratory center for inspection of harmful organisms, controlled by the Plant Protection Department.
Article 4. General requirements for plant quarantine
1. Quickly conducting examination to exactly identify pests subject to plant quarantine or pests under control in Vietnam and alien pests that live on articles during their import, export, transit, and after their import.
2. Promptly deciding suitable measures for handling articles infected with pests subject to quarantine or pests under control in Vietnam and alien pests.
Article owners shall pay fees for plant quarantine and expenses for inspection of harmful organisms according to regulations of the law.
PROCEDURES FOR QUARANTINE OF IMPORTED PLANTS
Article 6. Application for quarantine of imported plants
1. An application form for plant quarantine (according to regulations in Appendix I enclosed herewith).
2.[6] A photocopy or electronic copy or authentic copy of the phytosanitary Certificate issued by the plant quarantine body of the exporting country.
If the article owner submits the photocopy or the electronic copy, the authentic copy shall be submitted before receipt of the phytosanitary Certificate of the imported, transited and domestically transported shipment of articles.
3.[7] An authentic copy or electronic copy or certified copy of License to conduct imported plant quarantine (in case the License is required).
Article 7. Procedures for quarantine of imported plants
1.[8] Application for plant quarantine
The article owner shall submit 01 application for quarantine of imported plants to a plant quarantine body, whether in person or by post or through the National Single-Window System (online)”.
2. Receipt and inspection of the application
The plant quarantine body shall be responsible for receiving and inspecting the validity of the application according to the regulations. If the application is not satisfactory, the quarantine body shall request the article owner to amend and complete the application;
3.[9] Examination of articles
a) According to the result of inspection of the submitted application, the plant quarantine body shall decide the location and assign officials to carry out the immediate examination according to the following order:
Preliminary examination: Carrying out the external examination of the shipment of articles, packaging, means of transport; crevices, apertures and spots where harmful organisms can hide; collecting insects flying, crawling, or clinging outside the shipment;
Detailed examination: Carrying out the internal examination and taking samples of the shipment according to regulations of QCVN 01-141: 2013/BNNPTNT - National technical regulation on methods of sampling for plant quarantine; collecting articles that have harmful symptoms and organisms.
b) Inspection of harmful organisms
The plant quarantine body shall send samples of articles subject to plant quarantine or articles which have harmful symptoms and organisms that have already been collected to the phytosanitary inspection organization. The phytosanitary inspection organization shall carry out the inspection of harmful organisms and notify inspection results to the plant quarantine body.
4. Issuance of Phytosanitary Certificate
a) If the shipment is free from pests subject to plant quarantine or pests under control in Vietnam or alien pests, the plant quarantine body shall issue the Phytosanitary Certificate for import, transit and domestic transport (according to Appendix II enclosed herewith) within 24 hours from the beginning of the quarantine.
If the issuance duration exceeds 24 hours due to technical requirements or if the application for Phytosanitary Certificate is rejected, the quarantine body shall notify the article owner or provide explanation in writing.
b) If the shipment is infected with pests subject to plant quarantine, pests under control in Vietnam or alien pests, the plant quarantine body shall adopt suitable measures for handling according to regulations.
c) If the shipment is transported by a vessel whose hold is ≥ 3m in height and must be divided into parts for inspection, after inspection of each part, according to the result, the plant quarantine body shall issue the Temporary Phytosanitary Certificate to the amount of articles that have been inspected (according to the form in Appendix III enclosed herewith).
After receipt of the Temporary Phytosanitary Certificate, the shipment may be put into storage and may be only used for manufacture or trade when the Phytosanitary Certificate for import, transit and domestic transport is issued. According to the result of inspection of the whole shipment, the plant quarantine body shall issue the Phytosanitary Certificate for import, transit and domestic transport of such shipment.
Article 7a. Application and procedure for plant quarantine and inspection of food safety of goods originating from imported plant, and subject to both plant quarantine and state inspection of food safety[10]
1. An application for plant quarantine and inspection of food safety of goods originating from imported plant shall be prepared as prescribed in Clauses 2 and 3 Article 6 of this Circular and Clause 2 Article 18 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law of Food Safety (hereinafter referred to as “the Decree No. 15/2018/ND-CP”).
Written registration of plant quarantine and inspection of food safety of goods originating from imported plant shall be prepared according to the form in the Appendix Ia hereof.
2. Procedures for plant quarantine and inspection of food safety of goods originating from imported plant shall comply with regulations in Article 7 of this Circular and Article 19 of the Decree No. 15/2018/ND-CP .
3. Certificate of plant quarantine and inspection of food safety of goods originating from imported plant shall be issued according to the form in the Appendix IIa hereof with respect to shipments that are free from pests subject to plant quarantine or pests under control in Vietnam or alien pests and satisfy requirements for safety of imported foods.
Article 8. Notification of plant quarantine
1. Notification given to the exporting country
The Plant Protection Department shall notify the competent plant quarantine body of the exporting country of:
a) articles that are infected with pests subject to plant quarantine, pests under control in Vietnam or alien pests and plant quarantine methods to be adopted.
b) articles that have not been allowed to be imported into Vietnam;
c) articles without Phytosanitary Certificates issued by the competent agency of the exporting country;
d) articles against regulations on plant quarantine of Vietnam.
2. Notification given to the article owner and other relevant organizations
The plant quarantine body shall notify the article owner or other relevant organizations of:
a) Cases prescribed in point a Clause 1 of this Article;
b) Shipments that contain plant varieties or beneficial organisms.
PROCEDURES FOR QUARANTINE OF EXPORTED PLANTS
Article 9. Application for quarantine of exported plants
1. An application form for quarantine of exported or re-exported plants (using the form in Appendix IV enclosed herewith).
2.[12] An electronic copy or authentic copy of the Phytosanitary Certificate of the exporting country (with regard to the re-export).
Article 10. Procedures for quarantine of exported plants
1. Application for plant quarantine
The article owner shall submit 01 application to the nearest plant quarantine body.
2. Receipt and inspection of the application
The plant quarantine body shall be responsible for receiving and inspecting the validity of the application according to regulations in Clause 2 Article 7 of this Circular.
3. Examination of articles
According to results of the inspection of the application, the plant quarantine body shall decide the quarantine location at the manufacturer, the export place, the domestic storage place or checkpoint of export and promptly appoint officials to examine the shipment.
The shipment of articles shall be examined according to regulations in Clause 3 Article 7 of this Circular.
4. Issuance of Phytosanitary Certificate
a) If the shipment of articles satisfies the plant quarantine requirements of the importing country, the plant quarantine body shall issue such shipment with the Phytosanitary Certificate (using the form in Appendix V enclosed herewith) or the Phytosanitary Certificate for re-export (using the form in Appendix VI enclosed herewith) within 24 hours from the beginning of quarantine.
If the issuance duration exceeds 24 hours due to the technical requirements, the plant quarantine body shall notify the article owner or provide explanation in writing which clearly states reasons for the article owner.
b) If the shipment of articles does not satisfy plant quarantine requirements of the importing country, the plant quarantine body shall refuse to issue the Phytosanitary Certificate and notify the article owner.
PROCEDURES FOR QUARANTINE OF PLANTS IN TRANSIT
Article 11. Application for quarantine of plants in transit
1. An application form for plant quarantine (according to regulations in Appendix I enclosed herewith).
2.[13] A photocopy or electronic copy or authentic copy of the phytosanitary Certificate issued by the exporting country.
If the article owner submits the photocopy or the electronic copy, the authentic copy shall be submitted before receipt of the phytosanitary Certificate of the imported, transited and domestically transported shipment of articles.
3.[14] An electronic copy or authentic copy or certified copy of License to conduct imported plant quarantine.
Article 12. Procedures for quarantine of plants in transit
1. Application for plant quarantine
The article owner shall submit 01 application for quarantine of imported plants to the plant quarantine body in person.
2. Receipt and inspection of the application
The plant quarantine body shall be responsible for receiving and inspecting the validity of the application according to regulations in Clause 2 Article 7 of this Circular.
3. Examination of articles
According to results of the inspection of the application, the plant quarantine body shall decide the location and assign officials to carry out the immediate examination according to the following order:
a) Preliminary examination
Examining the outside of the shipment of articles, packages, means of transport, apertures and crevices where pests may hide; collecting insects that fly, crawl or cling outside the shipment of articles.
b) Detailed examination
Examining the status of packages and the shipment; analyzing the collected samples of articles and harmful organisms.
If the package is not satisfactory, the article owner shall repack the shipment.
4. Issuance of Phytosanitary Certificate
a) If the shipment of articles satisfies requirements for quarantine of plants in transit, the plant quarantine body shall issue such shipment with the Phytosanitary Certificate for import, transit and domestic transport within 24 hours from the beginning of the quarantine.
b) If the shipment contains articles that are infected with pests subject to plant quarantine, pests under control in Vietnam or alien pests, the plant quarantine body shall decide to apply suitable measures for handling in accordance with regulations.
Article 13. Articles subject to post-import quarantine.
1. Budwood, cultivar, graft and rootstock subject to plant quarantine for post-import according to pest risk analysis results.
2. Beneficial organisms
Article 14. Quantity of items subject to post-import quarantine
1. Budwood; bud, cultivar: 30-50 items.
2. Graft, rootstock: 10-20 items.
3. Beneficial organisms: The quantity of beneficial organisms is specified in the pest risk analysis report.
Article 15. Contents of post-import quarantine
1. With regard to plant varieties:
Latent pests specified in the pest risk analysis report shall be examined.
2. With regard to beneficial organisms:
The purity and the adaptability to a particularly host of organisms in isolation areas serving multiplication shall be inspected.
With regard to beneficial insects and spiders, the criteria of level-2 parasitism shall be inspected.
Article 16. Procedures for post-import quarantine in isolation area.
1. Preliminary examination
General conditions of the shipment shall be examined; relevant information shall be noted.
2. Examination of the shipment of articles
a) With regard to plant varieties
All of articles that are grown in the isolation area serving plant quarantine shall be examined. The isolation area shall meet the National Technical Regulation issued by the Ministry of Agriculture and Rural Development;
Caring methods appropriate to different varieties of plant shall be applied to ensure their development and harmful organisms shall be facilitated so that they can quickly display their symptoms;
All the planted trees shall be examined both regularly and irregularly;
Samples of trees that display unusual signals, samples of harmful organisms and information on the symptoms shall be collected for assessment of pathogens in the laboratory.
b) With regard to beneficial organisms:
All items shall be examined to evaluate the purity;
The adaptability to a particular host shall be inspected and identified;
With regard to beneficial insects and spiders: the status of the shipment shall be daily examined and monitored, the dead items shall be collected for level 2 parasitism test.
3. Result of post-import quarantine
After the monitoring period, the agency in charge of post-import quarantine shall report the examination result to the Plant Protection Department for consideration and decision.
Article 17. Monitoring duration
The duration of examination and monitoring of post-import quarantine is specified for each type of plant varieties and beneficial organisms as follows:
1. Bud, budwood, graft, rootstock: 1-2 years.
2. Cultivar (tree): 6-12 months.
3. Cultivar (bulb): 1 life cycle
4. Beneficial organisms: at least 1 generation.
Article 18. Responsibilities of the Plant Protection Department
1.[16] Direct, provide guidance on and inspect the compliance with regulations in this Circular by plant quarantine bodies and phytosanitary inspection organizations.
2. Notify the exporting country in the cases prescribed in Clause 1 Article 8 of this Circular.
3. Disseminate regulations in this Circular to relevant organizations and individuals.
Article 19. Responsibilities of the Plant Quarantine Body
1. Receive, inspect the application, examine the shipment, issue the Phytosanitary Certificate and perform other plant quarantine activities as prescribed in this Circular.
2. Store, transfer, transport and destroy samples of articles or harmful organisms; draw up and store dossiers on plant quarantine according to applicable regulations.
This Circular comes into force from January 01, 2015.
This Circular replaces the Circular No. 65/2012/TT-BNNPTNT dated December 26, 2012 by the Minister of Agriculture and Rural development on procedures for issuance of Phytosanitary Certificate Forms No. 3, 7, 8, 9, 10, 11 of Appendix I enclosed with Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012 of the Ministry of Agriculture and Rural Development on guidance on plant quarantine documents shall be annulled.
The Director of Plant Protection Department, Heads of relevant offices/organizations and individuals shall be responsible for implementation of this Circular.
Any difficulties that arise during the implementation should be reported to the Ministry of Agriculture and Rural Development (Plant Protection Department) for consideration and settlement./.
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CERTIFIED BY PP. MINISTER |
[1] Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development is promulgated pursuant to:
“The Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
The Law on Fisheries dated November 21, 2017;
The Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety;
The Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of feeds;
At the request of the Director of the Plant Protection Department, the General Director of the Directorate of Fisheries and the Director of the Department of Livestock Production;
The Minister of Agriculture and Rural Development hereby promulgates a Circular on amendments to some Articles of the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture And Rural Development.”
Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development is promulgated pursuant to:
“The 2013 Law on Plant Protection and Quarantine;
“The Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
At the request of the Director of the Plant Protection Department;
The Minister of Agriculture and Rural Development herein issues the Circular on amendments and supplements to several Articles of the Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine, and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine, of the Minister of Agriculture and Rural Development.”
Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development is promulgated pursuant to:
“The Law on Promulgation of Legislative Documents dated June 22, 2015; Law on amendments to some Articles of the Law on Promulgation of Legislative Documents dated June 18, 2020;
“The Law on Plant Protection and Quarantine dated November 25, 2013;
The Law on Fisheries dated November 21, 2017;
The Law on Animal Husbandry dated November 19, 2018;
“The Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 on functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;
At the request of the Director of the Plant Protection Department;
The Minister of Agriculture and Rural Development promulgates Circular on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development.”
[2] This Article is amended by Clause 1 Article 1 of Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from January 01, 2019.
[3] This Clause is annulled by Clause 1 Article 1 of Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024.
[4] This Clause is added by Clause 1 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[5] This Article is amended by Clause 2 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[6] This Clause is amended by Clause 3 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[7] This Clause is amended by Clause 3 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[8] This Clause is amended by Clause 2 Article 1 of Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from January 01, 2019.
[9] This Clause is amended by Clause 4 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[10] This Article is added by Clause 3 Article 1 of Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from January 01, 2019.
[11] This Article is annulled by Clause 2 Article 1 of Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024.
[12] This Clause is amended by Clause 5 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[13] This Clause is amended by Clause 6 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[14] This Clause is amended by Clause 6 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[15] Articles 3, 4 and 5 of the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Ministry of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from January 01, 2019 stipulate as follows:
“Article 3. Entry into force
1. This Circular comes into force from January 01, 2019.
2. Article 1 of the Circular No. 30/2017/TT-BNNPTNT dated December 29, 2017 of the Minister of Agriculture and Rural Development shall be annulled.
Article 4. Transition clauses
1. While the software has not been completed to initiate procedures for both plant quarantine and inspection of quality of feeds originating from imported plants through the national single-window system, the Directorate of Fisheries or the Department of Livestock Production shall continue to initiate administrative procedures related to state inspection of quality of feeds through the national single-window system within 06 months from the effective date of this Circular.
2. In the cases where written approval for adoption of policy on temporary exemption from inspection or temporary reduced inspection granted by the Directorate of Fisheries or the Department of Livestock Production is available before the date of initiation of procedures for both plant quarantine and inspection of quality of feeds originating from imported plants through the national single-window system, such regulations shall continue to be applied until the expiry date of such written approval.
3. If applications for inspection of quality, applications for temporary exemption from inspection or temporary reduced inspection of feeds originating from imported plants that are required to undergo plant quarantine are submitted to the Directorate of Fisheries or the Department of Livestock Production before the date of initiating procedures for both plant quarantine and inspection of quality of feeds originating from imported plants through the national single-window system, the Directorate of Fisheries or the Department of Livestock Production shall keep processing such applications as prescribed by law.
4. During the period on which a national technical regulation on feeds is not available, the bases for inspecting quality of feeds originating from imported plants are applied standards.
The Directorate of Fisheries and the Department of Livestock Production shall prepare and propose the promulgation of the national technical regulation on feeds as prescribed by law. Such regulation must come into force from January 01, 2020.
Article 5. Implementation
1. The Director of the Plant Protection Department, the General Director of the Directorate of Fisheries, the Director of the Department of Livestock Production and heads of relevant units, organizations and individuals are responsible for the implementation of this Circular.
2. Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration and amendment./.
Article 3 of the Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022 stipulates as follows:
“Article 3. Entry into force
This Circular comes into force from January 21, 2021.
Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development (Plant Protection Department) for consideration and settlement./.
Article 2 of the Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024 stipulates as follows:
“Article 2. Implementation
1. This Circular comes into force from May 16, 2024.
2. Grandfather clauses
a) If applications for plant quarantine and state inspection of quality of feeds originating from imported plants are submitted before the effective date of this Circular, regulations in the Circular No. 34/2018/TT-BNNPTNT shall be applied.
b) If applications for relief or exemption from state inspection of quality of feeds originating from imported plants are submitted before the effective date of this Circular, the Plant Protection Department shall continue to comply with regulations of law on fishery and animal husbandry
c) Regarding feeds originating from imported plants and issued with written certification of relief or exemption from state inspection of quality by the Plant Protection Department, they will continue to be relieved or exempted from state inspection of quality during the period specified in the written certification./.”
[16] This Clause is amended by Clause 7 Article 2 of Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine of the Minister of Agriculture and Rural Development, which comes into force from January 21, 2022.
[17] This Article is annulled by Clause 3 Article 1 of Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024.
[18] This Article is annulled by Clause 3 Article 1 of Circular No. 03/2024/TT-BNNPTNT dated April 01, 2024 of the Minister of Agriculture and Rural Development on annulment of some regulations in Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development on amendments to some Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development, which comes into force from May 16, 2024.
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