Hanoi, December 06, 2021

Pursuant to the 2013 Law on Plant Protection and Quarantine;

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

At the proposal of the Director of the Plant Protection Department;

The Minister of Agriculture and Rural Development promulgates this Circular amending and supplementing several articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on the 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 on the order and procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine.

Article 1. Amendments and supplements to Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015

1. Article 3 is amended and supplemented as follows:

“Article 3. Fees

Organizations and individuals practising treatment of articles shall pay fees for appraisal of dossiers and issuance of practising certificates for treatment of articles subject to plant quarantine in accordance with regulations of the Ministry of Finance on fees in plant quarantine and plant protection activities in the agriculture sector.”

2. Clause 4 Article 8 is amended and supplemented as follows:

“4. Within 03 working days from the date of receipt of a valid dossier, the Plant Protection Department shall issue the Practising Card for treatment of articles subject to plant quarantine according to the form prescribed in Appendix VI enclosed with this Circular; in case of refusal, a written reply stating reasons must be given.”

3. Appendix IV enclosed with Circular No. 05/2015/TT-BNNPTNT is replaced by the Appendix enclosed with this Circular.

4. Point b Clause 1 Article 8 is repealed.

Article 2. Amendments and supplements to Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014

1. Clause 5 is added to Article 3 as follows:

“5. Pest identification organization means a plant quarantine agency or pest identification laboratory under the Plant Protection Department.”

2. Article 5 is amended and supplemented as follows:

“Article 5. Fees

The owner of the articles shall pay plant quarantine fees and pest identification costs in accordance with law.”

3. Clauses 2 and 3 of Article 6 are amended and supplemented as follows:

“2. A photocopy, electronic copy or original of the phytosanitary certificate issued by the competent plant quarantine authority of the exporting country.

If the owner submits a photocopy or electronic copy, the original must be submitted before the Phytosanitary Certificate for import, transit and domestic transportation is issued for the consignment.

3. The original, electronic copy or certified true copy of the import plant quarantine permit, where such permit is required.”

4. Clause 3 Article 7 is amended and supplemented as follows:

“3. Inspection of articles

a) Based on dossier inspection results, the plant quarantine agency shall decide the inspection location and assign officers to promptly inspect the consignment according to the following sequence:

Preliminary inspection: inspection of the exterior of the consignment, packaging and means of transport; crevices and places where pests may hide; collection of flying, crawling or attached insects outside the consignment.

Detailed inspection: internal inspection and sampling of the consignment in accordance with QCVN 01-141:2013/BNNPTNT, the National Technical Regulation on sampling methods for plant quarantine; collection of articles showing pest symptoms and collected pests.

b) Pest identification

The plant quarantine agency shall send samples of articles subject to plant quarantine, articles showing pest symptoms and collected pests to a pest identification organization. The pest identification organization shall carry out pest identification and return the result to the plant quarantine agency.”

5. Clause 2 Article 9 is amended and supplemented as follows:

“2. The electronic copy or original of the phytosanitary certificate of the exporting country, in case of re-export.”

6. Clauses 2 and 3 of Article 11 are amended and supplemented as follows:

“2. A photocopy, electronic copy or original of the phytosanitary certificate issued by the exporting country.

If the owner submits a photocopy or electronic copy, the original must be submitted before the Phytosanitary Certificate for import, transit and domestic transportation is issued for the consignment.

3. The electronic copy, original or certified true copy of the import plant quarantine permit.”

7. Clause 1 Article 18 is amended and supplemented as follows:

“1. Direct, guide and inspect plant quarantine agencies and pest identification organizations in the implementation of this Circular.”

Article 3. Effect

This Circular takes effect from January 21, 2022.

Any difficulties arising in the implementation of this Circular shall be promptly reported by agencies, organizations and individuals to the Ministry of Agriculture and Rural Development, through the Plant Protection Department, for consideration and settlement.

(Issued together with Circular No. 15/2021/TT-BNNPTNT dated December 06, 2021 of the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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….., day….. month….. year……

To: ……………………………………………………………………………………………………..

Full name: ………………………………………………………… Date of birth: …… / …… / …….. Male/Female: ……..

Work unit: ……………………………………………………………………………………………

Address: ………………………………………………………………………………………………………..

Qualification: ………………………………………………………………………………………………………

Professional training completed on: day …… month …… year ……..

Treatment method:

□ Fumigation    □ Hot steam    □ Irradiation    □ Heat treatment    □ Other method (……………………………………)

Attached dossier:

□ Health certificate    □ 02 photos sized 2cm x 3cm

I undertake to comply with the law on treatment of articles subject to plant quarantine throughout my practice. In case of violation, I shall bear full responsibility.