CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF CIRCULAR NO. 05/2015/TT-BNNPTNT DATED FEBRUARY 12, 2015, PRESCRIBING ORDER AND PROCEDURES FOR ISSUANCE OF PRACTISING CERTIFICATES FOR TREATMENT OF ARTICLES SUBJECT TO PLANT QUARANTINE, AND CIRCULAR NO. 33/2014/TT-BNNPTNT DATED OCTOBER 30, 2014, PRESCRIBING ORDER AND PROCEDURES FOR PLANT QUARANTINE FOR IMPORT, EXPORT, TRANSIT AND POST-IMPORT OF ARTICLES SUBJECT TO PLANT QUARANTINE, OF MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the 2013 Law on Plant Protection and Quarantine;

Pursuant to the Government's Decree No. 15/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Upon 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, prescribing order and 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, prescribing order and procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine, of Minister of Agriculture and Rural Development.

Article 1. Amendments and supplements to several Articles of the Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development, prescribing order and procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine

1. Amending and supplementing Article 3 as follows:

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Organizations and individuals practicing treatment of articles subject to plant quarantine must pay fees for the assessment of the application and the issuance of practicing certificates for treatment of articles subject to plant quarantine under the regulations of the Ministry of Finance on fees arising from plant quarantine and protection in the agriculture field.”

2. Amending and supplementing clause 4 of Article 8 as follows:

“4. Within 03 days of receipt of valid dossiers, the Plant Protection Department shall issue the practicing card for treatment of articles subject to plant quarantine as per Appendix VI to this Circular; in case of refusal, written response should be sent and clarify the reasons."

3. Replacing the Appendix IV to the Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development, prescribing order and procedures for issuance of practicing certificates for treatment of articles subject to plant quarantine, by the Appendix to this Circular.

4. Abolishing point b of clause 1 of Article 8.

Article 2. Amendments and supplements to several Articles of the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development, prescribing order and procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine

1. Adding clause 5 to Article 3 as follows:

“5. Phytosanitary inspection organization refers to a plant quarantine body or a laboratory center for inspection of harmful organisms that is controlled by the Plant Protection Department.”

2. Amending and supplementing Article 5 as follows:

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Article owners must pay fees for plant quarantine and expenses for inspection of harmful organisms according to regulatory provisions.”

3. Amending and supplementing clause 2 and clause 3 of Article 6 as follows:

“2. Photocopy or electronic copy or original copy of the phytosanitary Certificate issued by the competent plant health agency of the exporting country. 

If the article owner submits the photocopy or the electronic copy, the original copy must be submitted before receipt of the phytosanitary Certificate of the imported, in-transit and domestically transported shipment of articles.

3. The original copy or the electronic copy or the certified copy of the phytosanitary Certificate of imported plants (if the Certificate is required)."

4. Amending and supplementing clause 3 of Article 7 as follows:

“3. Article inspection

a) Based on the inspection of submitted dossiers, the plant health agency shall decide the location and assign staff to carry out the immediate inspection of the article shipment according to the following order:

Preliminary inspection: Carry out the external inspection of the shipment, packaging, means of transport; crevices, apertures and spots where harmful organisms can hide; collect insects flying, crawling, or clinging outside the shipment;

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b) Inspection of harmful organisms

The plant health agency sends the sample of the article subject to plant quarantine or the article having harmful symptoms and organisms that has 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 health agency.”

5. Amending and supplementing clause 2 of Article 9 as follows:

“2. The electronic copy or the original copy of the phytosanitary Certificate issued by the exporting country (for re-export).” 

6. Amending and supplementing clause 2 and clause 3 of Article 11 as follows:

“2. The photocopy or the electronic copy or the original copy of the phytosanitary Certificate issued by the exporting country. 

If the article owner submits the photocopy or the electronic copy, the original copy must be submitted before receipt of the phytosanitary Certificate of the imported, in-transit and domestically transported shipment of articles.

3. The electronic copy or the original copy or the certified true copy of the phytosanitary permit for import."

7. Amending and supplementing clause 1 of Article 18 as follows:

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Article 3. Entry into force

This Circular shall enter into force as of January 21, 2022.

In the course of implementation of this Circular, if there is any difficulty that arises, agencies, entities and persons involved should send feedback to the Ministry of Agriculture and Rural Development (via Plant Protection Department) to seek its decision on action to be taken./.

PP. MINISTER
DEPUTY MINISTER




Le Quoc Doanh