CIRCULAR

PROMULGATING THE LIST OF PLANT QUARANTINE ARTICLES; THE LIST OF PLANT QUARANTINE ARTICLES SUBJECT TO THE PEST RISK ANALYSIS BEFORE BEING IMPORTED INTO VIETNAM

Pursuant to the Law on Plant Protection and Quarantine No. 41/2013/QH13;

Pursuant to the Government’s Decree No. 199/2013/NĐ-CP dated November 26, 2013 on defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Director of Plant Protection Department;

The Minister of Agriculture and Rural Development hereby promulgates the list of plant quarantine articles; the list of plant quarantine articles subject to the pest risk analysis before being imported into Vietnam.

Article 1. List of plant quarantine articles

1. Vegetation

Plants and living parts of plants.

2. Plant products

a) Various types of tubers, bulbs, fruits, seeds, flowers, leaves, plant bodies, stems, roots, barks;

b) Various types of grains, broken seeds, oil cakes, raw natural fibers and botanic fibers;

c) Flour and starch extracted from plants (except for dough and modified starch);

d) Tobacco stems, fibers, pipe tobacco fibers, yeast used in animal feeds, raw cotton, waste cotton, straw, thatch and aquatic plants;

dd) Round wood, timber, wood pallets, sawdust, coconut sawdust;

e) Animal feed materials extracted from plants;

g) Plant rack made from plants.

3. Various types of mushrooms (except for salted, pickled, frozen, canned mushrooms and yeasts).

4. Cocoons, silk wastes and lac.

5. Various types of insects, spiders, pathogenic fungus, nematodes, germs, viruses, phytoplasmas, viroids and noxious weeds used for testing, training, biological control and scientific research.

6. Means of conveyance and storage of plant quarantine articles.

7. Other articles likely to carry quarantine plant pests shall be identified by the Plant Protection Department for submission to the Minister of Agriculture and Rural Development for his decision.

8. Where the exportation of articles that are not specified in the List in accordance with this Article, the plant inspection shall be carried out at the request of importing countries and International Agreements of which Vietnam is the signatory.

Article 2. List of plant quarantine articles subject to the pest risk analysis before being imported into Vietnam

1. Plants and live plant parts.

2. Fresh bulbs and fruits.

3. Weeds and weed seeds.

4. Beneficial organisms used in plant protection industry.

5. Imported plants infected with quarantine plant pests defined as indigenous ones in Vietnam.

6. Other plant quarantine articles likely to carry quarantine plant pests shall be identified by the Plant Protection Department for submission to the Minister of Agriculture and Rural Development for his decision.

Article 3. Plant quarantine articles that are not required to undergo pest risk analyses

Plant quarantine articles stipulated in Article 2 shall not be required to undergo pest risk analyses if they fall into the following cases:

1. Plant varieties that serve the purpose of scientific researches;

2. Beneficial organisms that serve the purpose of scientific research;

3. In some other cases, the Director of Plant Protection Department shall be responsible for requesting the decision from the Minister of Agriculture and Rural Development.

4. The importation of articles stipulated in Clause 1, 2 and 3 of this Article shall be allowed on conditions that the plant protection and quarantine permit is shown and plant inspection is carried out in accordance with law.

Article 4. Transitional provisions

With regard to plant quarantine articles that have been imported into Vietnam before the effective date of this Circular but have not undergone pest risk analyses yet, plant quarantine authorities of exporting countries must provide information necessary for such pest risk analyses for the Plant Protection Department. Given the result of these pest risk analyses, the Plant Protection Department shall apply further measures for controlling quarantine plant pests in an efficient manner.

Article 5. Implementary provisions

1. This Circular shall take effect from January 1, 2015.

2. This Circular shall replace the Circular No. 39/2012/TT-BNNPTNT dated August 13, 2012 adopted by the Minister of Agriculture and Rural Development on the List of plant quarantine articles subject to pest risk analyses before being imported into Vietnam; the Circular No. 40/2012/TT-BNNPTNT dated August 15, 2012 adopted by the Minister of Agriculture and Rural Development on the List of plant quarantine articles throughout the territory of the Socialist Republic of Vietnam.

3. The Chief of the Ministry Office, the Director of Plant Protection Department and organizations or individuals concerned shall be responsible for enforcing this Circular.

In the course of implementing this Circular, if there is any difficulty that may arise, relevant regulatory bodies, agencies, organizations and individuals must send on-time feedbacks to the Ministry of Agriculture and Rural Development (Plant Protection Department) for the purpose of reporting and requesting the Minister to consider and grant his decision thereon./.