Law No. 41/2013/QH13 on Plant Protection and Quarantine: Operational Notes for Importers, Exporters and Logistics Teams
For agricultural products, seeds, plant-derived goods, wooden packaging materials and pesticides, the main operational risk is often not freight cost but incorrect identification of quarantine status, missing phytosanitary certificates, missing import quarantine permits or reliance on an outdated legal text. This article reorganizes Law No. 41/2013/QH13 from a B2B logistics and customs-compliance perspective.
Operational reference for importers, exporters, logistics, procurement, legal, compliance, operation and documentation teams. This English version is for operational reference only and is not an official legal translation.
QUICK SUMMARY
| Item | Operational note |
|---|---|
| Scope | The Law regulates prevention and control of plant pests, plant quarantine, pesticide management and state management in these fields. |
| Effective date and updates | Law No. 41/2013/QH13 was issued on 25 November 2013 and became effective on 1 January 2015. It must now be checked against its partial expiry, amendments under Law 35/2018/QH14, Law 146/2025/QH15 and consolidated text 69/VBHN-VPQH dated 24 March 2026. |
| Affected businesses and goods | Importers/exporters of agricultural products, seeds, plants/plant products, wooden packaging materials and pesticides; logistics providers, warehouses, customs brokers, EPE/FDI factories, trading companies and distributors. |
| Immediate actions | Check the list of regulated quarantine articles; verify import quarantine permit requirements; control the Phytosanitary Certificate, labels, catalogue/datasheet, wooden packaging, C/O and quarantine schedule before ETA. |
DOCUMENT INFORMATION
| Field | Content |
|---|---|
| Document title | Law on Plant Protection and Quarantine |
| Document number | 41/2013/QH13 |
| Issuing authority | National Assembly of Viet Nam |
| Signer | National Assembly Chairman Nguyen Sinh Hung |
| Issued date | 25 November 2013 |
| Effective date | 1 January 2015 |
| Status | Recorded as partially expired in the official legal database; check Law 35/2018/QH14, Law 146/2025/QH15 and consolidated text 69/VBHN-VPQH. |
| Regulatory scope | Plant pest prevention and control, plant quarantine, pesticide management, and state management of plant protection and quarantine. |
| Applicable subjects | Domestic and foreign organizations and individuals engaged in plant protection and quarantine activities in Viet Nam. |
KEY PROVISIONS TO NOTE
| Topic | Relevant provisions | Operational impact | Documents to check |
|---|---|---|---|
| Regulatory scope and definitions | Articles 1, 2, 3 | Defines plant protection, plant quarantine, quarantine articles and pesticides. | Product name, use, processing status, packaging and import/export purpose. |
| Prohibited acts | Articles 4, 13 | Controls import, production and trading of infected plants or unauthorized/prohibited pesticides. | Product lists, pesticide lists, COA/test report, labels and origin. |
| Quarantine-article lists | Article 25 | Goods must be checked against current lists, not merely by commercial name. | HS, description, processing form, wooden packaging, catalogue/datasheet. |
| Import conditions | Articles 26, 28, 29 | Phytosanitary certificate, possible import quarantine permit and quarantine completion before clearance. | Phytosanitary Certificate, permit, customs declaration, packing list, B/L/AWB and inspection plan. |
| Quarantine procedure | Articles 33, 34 | Quarantine scheduling, certification or treatment/re-export/destruction if requirements are not met. | Quarantine registration, inspection location, container/seal and trucking plan. |
| Pesticide management | Articles 48, 67, 70, 71 | Pesticides are conditional goods managed by lists, permits, packaging, labelling and quality controls. | Pesticide lists, import permit, Vietnamese label, SDS/COA and transport conditions. |
AFFECTED BUSINESSES / GOODS
| Group | Affected parties | Affected stage | Documents to check | Triggering condition |
|---|---|---|---|---|
| Importers | Importers, trading companies, distributors, factories/EPE/FDI importing plant goods or pesticides | Pre-import, quarantine registration, customs declaration, clearance, warehousing | Invoice, Packing List, B/L/AWB, Phytosanitary Certificate, catalogue, original label, C/O | Goods are quarantine articles, pesticides or contain regulated wooden packaging. |
| Exporters | Exporters of agricultural goods, plants and plant products | Before ETD, quarantine at facility/border gate, certificate issuance | Contract, packing instruction, destination-country requirements, phytosanitary certificate | Destination country or Vietnamese list requires plant quarantine. |
| Logistics providers | Forwarders, customs brokers, warehouses and trucking teams | Pre-alert, D/O, quarantine coordination, cargo release and port/warehouse handling | B/L/AWB, arrival notice, booking, D/O, container/seal, quarantine schedule | Quarantine files are incomplete before ETA or certificate information is inconsistent. |
| Legal / Compliance / Procurement | Legal, compliance, procurement, docs and operation teams | Contracting, document control, Incoterms and certificate responsibility | PO/contract, Incoterms, origin certificate, labels, regulatory lists | Certificate responsibility is not locked between buyer, seller and forwarder. |
IMPACT ON IMPORT-EXPORT / LOGISTICS OPERATIONS
Customs declaration
HS, product policy, quarantine lists, import quarantine permit and phytosanitary documentation must be confirmed before declaration.
Commercial documents
Invoice, Packing List, B/L/AWB, C/O, phytosanitary certificate, catalogue/datasheet and labels must match on product name, quantity, weight, origin, batch/model and container information.
Timeline and cost
Late quarantine filing can generate demurrage, detention and storage. Treatment, re-export or destruction must be considered where goods fail quarantine.
Post-clearance compliance
Quarantine files, permits, treatment records, labels and quality documents should be retained for audit and post-clearance review.
RELATED LEGAL DOCUMENTS TO CHECK
| Type | Document | Authority | Date / effect | Role | Notes |
|---|---|---|---|---|---|
| Law | Law 41/2013/QH13 | National Assembly | Issued 25 Nov 2013, effective 1 Jan 2015 | Base law on plant quarantine and pesticide management | Partially expired; use consolidated text. |
| Amending law | Law 35/2018/QH14 | National Assembly | Effective 1 Jan 2019 | Amends planning-related provisions | Check consolidated text. |
| Amending law | Law 146/2025/QH15 | National Assembly | Effective 1 Jan 2026 | Amends 15 agriculture and environment laws, including this law | Critical for 2026 files. |
| Consolidated text | 69/VBHN-VPQH | Office of the National Assembly | Issued 24 Mar 2026 | Consolidated text after amendments | Recommended for current citation. |
| Decree | Decree 116/2014/ND-CP | Government | Effective 18 Jan 2015 | Detailed implementation | Check amendments at application time. |
| Circular | Circular 14/2024/TT-BNNPTNT | MARD | Effective 15 Dec 2024 | Lists of quarantine articles and articles subject to pest-risk analysis | Replaces Circular 30/2014/TT-BNNPTNT. |
| Circular | Circular 25/2024/TT-BNNPTNT | MARD | Effective 30 Jan 2025 | Permitted/prohibited pesticide lists | Check active ingredients and trade names. |
VIEW / DOWNLOAD ORIGINAL DOCUMENTS
Since the Law has been amended and consolidated, the original law, legal-status data and consolidated text should be checked together.
View original documentDownload consolidated text 69/VBHN-VPQHCheck National Legal Database
FULL TEXT / LEGAL TEXT FOR CHECKING
Open key statutory text and provisions for operational checking
LAW ON PLANT PROTECTION AND QUARANTINE
No. 41/2013/QH13
Issued: 25 November 2013. Effective: 1 January 2015.
Articles 1-3: Scope, applicable subjects and definitions, including plant quarantine, quarantine articles, pest-risk analysis and pesticides.
Articles 25-29: Lists of quarantine articles, import requirements, import quarantine permits where pest-risk analysis is required, and the principle that regulated quarantine articles are cleared only after plant quarantine procedures are completed.
Articles 31-34: Export, transit, quarantine procedure and treatment of quarantine articles, including fumigation, heat treatment, irradiation, re-export or destruction where applicable.
Article 47: Rights and obligations of owners of quarantine articles, including information provision, inspection support, preservation during quarantine and compliance with treatment decisions.
Articles 48, 67, 70 and 71: Pesticides are conditional goods managed by lists, permits, packaging, labels and quality controls.
Articles 76-77: Effective date and implementing responsibilities.
BUSINESS CHECKLIST
| Review group | What to check | Documents / data | Risk if missed |
|---|---|---|---|
| Legal status | Effective date, partial expiry, consolidated text and amendments | Official legal database, Government portal, 69/VBHN-VPQH | Wrong legal citation or outdated rule |
| Shipment file | Product name, quantity, weight, origin, container/seal, batch/model | Invoice, Packing List, B/L/AWB, C/O, catalogue, label | Document discrepancy and customs query |
| Product policy | Quarantine list, import quarantine permit, pesticide list | Circular 14/2024/TT-BNNPTNT, Circular 25/2024/TT-BNNPTNT | Hold, treatment, re-export or destruction |
| Post-clearance duties | Keep permits, certificates, treatment records and labels | Shipment file and quarantine result | Difficult audit/post-clearance explanation |
| Operational risk | DEM/DET/storage, delayed delivery, treatment/re-export/destruction | ETA/ETD, booking, D/O, quarantine plan | Unplanned logistics cost and project delay |
TECHNICAL TERMS
Plant quarantine
Activities to prevent, detect and control regulated quarantine pests and exotic harmful organisms.
Quarantine article
Plants, plant products, means of production/storage/transport or other articles capable of carrying regulated pests.
Phytosanitary Certificate
A certificate issued by a competent authority, usually critical for plant-related import/export shipments.
Pest-risk analysis
Assessment of biological, scientific and economic risks to determine quarantine measures.
Pesticides
Conditional goods managed by lists, permits, labels, packaging and quality requirements.
DEM/DET/Storage
Demurrage, detention and storage costs caused by delayed release, documents or quarantine issues.
FAQ
1. When did this Law become effective?
Law 41/2013/QH13 became effective on 1 January 2015, but its partial-expiry status and consolidated text should now be checked.
2. Can in-transit cargo continue under old rules?
Check the filing date, customs declaration date, implementing circular and transitional provisions. Do not assume automatically.
3. Are all plant-origin goods subject to quarantine?
No absolute answer should be given. Check the current quarantine list, processing form, packaging and shipment purpose.
4. Does this Law change HS, duties or C/O?
It does not function as a tariff schedule, but it affects product policy and clearance conditions. HS, duties and C/O must be checked separately.
5. Can quarantine articles be cleared before quarantine completion?
Under Article 29, regulated quarantine articles are cleared only after import plant quarantine procedures are completed.
6. When is an import quarantine permit required?
Where goods are on the list subject to pest-risk analysis or current implementing rules require one.
GIẢI PHÁP TỪ TGIMEX
For shipments affected by plant-protection and quarantine rules, the focus is not only customs declaration but coordinated control of documents, regulatory lists and quarantine timing before ETA/ETD.
Legal review before ETA
Check the law, consolidated text, quarantine lists, pesticide lists, permits and certificate obligations.
Commercial document lock
Match Invoice, Packing List, B/L/AWB, C/O, phytosanitary certificate, labels and container/seal data.
Customs & quarantine coordination
Build a timeline for quarantine registration, cargo release, trucking and on-site inspection.
Post-clearance file retention
Keep certificates, permits, treatment records and evidence for audit and post-clearance compliance.
Tiếng Việt
中文 (中国)
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