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Decree 92/cp: About Guiding The Implementation Of The Ordinance On Plant Protection And Quarantine Include: Rules And Quarantine, Plant Protection Regulations; Regulations Of The Professional Inspection Organizations N ...

Original Language Title: Nghị định 92/CP: Về hướng dẫn thi hành Pháp lệnh Bảo vệ và kiểm dịch thực vật gồm: Điều lệ và kiểm dịch thực vật, điều lệ về bảo vệ thực vật; quy định về tổ chức thanh tra chuyên n...

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The DECREE guiding the implementation of the Ordinance on plant protection and quarantine, plant protection regulations; rules on the management of medicines and plant protection; Regulations on the Organization of specialized inspection, dispute resolution and fees, the cost of the work to protect and quarantine.
 
Pursuant to the law on Government Organization 30-9-1992;
Base Protection Ordinance and the quarantine on 15-2-1993;
According to the recommendation of the Minister of agriculture and food industry;
 
DECREE: article 1-attached to this Decree: rules for plant protection;
Rules for plant quarantine;
Rules on the management of medicines and plant protection;
Regulations on the system of the Organization, the specialized inspection, dispute resolution and fees, the cost of the work to protect and quarantine;
Provisions on sanctioning administrative violations in the work of protection and quarantine.
Article 2-Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
This Decree shall take effect from the date of signing, the previous provisions contrary to this Decree are repealed.
 
PLANT PROTECTION REGULATIONS (attached to Decree No. 92-CP dated 27-11-1993 of the Government).
 
Chapter I GENERAL PROVISIONS article 1. -This Charter provisions on work except pests plant resources.
Article 2.
1. plant resources must be protected consists of plants and products of food plants, food crops, industrial crops, forestry trees, forage crops, medicinal plants, ornamental plants and other useful plants.
2. The pests plant resources have to except extermination includes pests, diseases, weeds, trees, wild mouse, bird damage and the other harmful organisms (pests).
Article 3. -The protection of the plant resource must adhere to the following guidelines: 1. Conduct regular, taking preventive measures is key, eradicate promptly;
2. Combine immediate interests with long-term interests, between the interests of the State and the whole society with personal interests;
3. Ensure, except the harmful organisms must be effective, while ensuring the safety of people, creatures and do not pollute the environment;
4. Preventive measures, except pests plant resources have to be extensive propaganda among the people, to use preventive measures except for General, respected the traditional experience of the people. Plant protection drugs is only one of these measures, except the harmful organisms, plant resources, plant protection drugs used only when absolutely necessary, when the use of drugs are subject to the regulations and guidelines of the Agency of protection and quarantine.
Article 4. -Assigning responsibilities in the plant protection are as follows: 1. the unified government management task, except for pests, protection of plant resources.
2. The Ministry of agriculture and food industry, the Ministry, the relevant industry, the people's Committee of the levels have a responsibility to oversee the Organization, except for pests and plant resources.
3. The organization, individuals are accepted the regulation on plant protection in the work room, minus the harmful organisms.
 
CHAPTER II, EXCEPT For PESTS And PLANT RESOURCES.
Article 5. -The room, minus the harmful organisms must be made right from the construction, implementing the development plans, program and resource extraction plant.
Article 6. -Prohibiting the use of plants and plant products pest infection heavy or carry dangerous pests to do the same. The Organization, the individual owners of plant resources, must make serious test mode, monitor, detect and grasp the situation of harmful organisms of plants resources even beyond the field and in storage.
Article 7. -In the production process, organization, individual plant resource owners must apply the measures, except for pests such as field sanitation, soil, cultivation of varieties resistant to pests, fertilizing, irrigation and cultivation correctly.
Article 8. -The experimental production, processing, storage, transportation, circulation, use, export, import of plants and plant products to monitor and apply the measures, except for pests and must follow these aggressor provisions of the Charter on the protection of plant, on the plant quarantine and management of plant protection drugs.
Article 9. -When the harmful organism arise to warrant excluding the plant resource owners are obliged to apply any physical, mechanical, and protect the creatures to except extermination to control and reduce the number of pests that do not affect the quality and productivity of crop products , not to spread, and must report immediately to the nearest plant protection said.
Article 10. -Plant protection organization of the levels have the following powers: 1. To check the situation of pests in the production facilities, research, preservation, breeding experiments in plant products and require facilities that provide documents and conditions necessary for the inspection;
2. crop products infected with harmful organisms have to report severe and suggested the Authority decided not to use in cultivation or in other areas of transport.
In the case of emergency decisions are not for use on the crop or the transport of such products but must take responsibility for these decisions; If the wrong decision caused the damage, the plant protection organization to compensation, after a decision to report for the Authority said.
3. Conducting these measures, except the pests of plants and plant products; set the minutes about the violation of the regulations on the protection of plant and report to competent handling.
4. Recommends the Government of the same level or management, production, business, human resources mobilization force caters to the work, except for the harmful organism.
Article 11. -Implementing the mode information, instructions and reports of plant protection organizations shall be as follows: 1. the plant protection organization subordinate to report periodically or irregularly on pests plant resources, results, except for the harmful organism and to plan the work of every plant protection service , annual plant protection organization.
2. plant protection organization of the superior is responsible for the information and guidance measures except pests plant resources for plant protection organization.
Article 12. -When the harmful organisms arise with fast speed, high density, wide ranging, risks causing serious damage to plant resources, depending on the scope and level, competent State authorities decided to publish epidemic.
Article 13. -The conditions and the level of publication: 1. If pests plant resources arise into serious harm and on the scope of many district or parts in the genus Plant Protection Department is responsible for checking, verification, reporting and timely conclusion to the provincial people's Committee the central cities, decided to publish epidemic. The people's Committee, the city of centrally organized, directed the departments, the people's Union, the mobilization of local resources serving the epidemic; must report the Prime Minister and the Minister of agriculture and food industry.

2. If pests plant resource arise on range from 2 provinces, central cities or parts of many provinces and cities under central with the scope and degree of serious deems the plant protection Department is responsible for checking, verifying conclusions and report to the Minister of agriculture and food industry decided to publish epidemic; The Minister of agriculture and food industry to report the Prime Minister, at the same time guide the direction of the local interpreter quickly press room.
3. local cases have already mobilized manpower and animal power out of his ability to fight the epidemic that still can not extinguish the room, then Chairman of the provincial people's Committee, central cities and the Minister of agriculture and food industry the Prime review the decision to have the necessary processing measures.
Article 14. -When announced, plant protection agency responsible for tracking levels, recommending measures to stamp out the epidemic did not spread to translate it and plans to prevent a recurrence.
Article 15. -Plant resource Home where there is room to implement measures to quell the epidemic.
In case of lack of responsibility in adopting measures to prevent exclusion and removal, to harmful organisms and plant resources of his spread, damaging plant resources of others then the plant resource owners to compensation under the provisions of the law.
Article 16. -After the time of publication if the harmful organism is no longer likely to cause serious harm need to announce decision to run out of room. The Agency would have the right to publish epidemic, the Agency announced the decision to end the epidemic.
Article 17. -The State encourages organizations and individuals are eligible under the provisions of the law on plant protection service.
Article 18. -The Organization, individuals are making plant protection services include: 1. The organisation of the State in the system of agriculture, forestry and other institutions are eligible under the rules.
2. Individuals making plant protection services must be qualified and plant protection.
Article 19. -Conditions and procedures for licensing plant protection service as follows: 1. The organization, individuals do not have the service conditions: application as a service;
Certificate of professional qualifications;
The paper declared basis, facilities services.
The papers must be submitted to the State Agency of agriculture.
Within 30 days of receipt of a valid profile, receive agency records must consider the licensing service; have to answer for the litigants said. Including non-eligible case.
2. Licensed plant protection services of value in three years from the date of signing. Before the expiration of one month, the Organization, the individual is granted the license if it wants to continue to work must apply for renewal.
3. When licensed plant protection service, but does not work anymore, the Organization, the individual must return the license.
 
CHAPTER III the TERMS of the IMPLEMENTATION of article 20. -Organizations and individuals violating the provisions of the Charter and the provisions of the law on the protection of plants, depending on the level of violation will be subject to administrative treatment, compensation for damage or prejudice criminal liability under the law.
The Minister of agriculture and food industry issued or coordinating with the authorities to enact the regulation details, guide, inspect, supervise the implementation of this Charter.
Article 21. -Minister of ministries, ministerial-level agency heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the jurisdiction and responsibilities implementation of this Charter.
The rules take effect from the date of signing. The previous provisions contrary to this Charter are repealed.
 
CHARTER of PLANT QUARANTINE (attached to Decree No. 92-CP dated 27-11-1993 of the Government).
 
Chapter I GENERAL PROVISIONS article 1. -This Charter In the following terms are understood as follows: 1. plant disease status is the extent, nature and harmful organisms infection of the body subject to quarantine;
2. check include investigating, observing, monitoring, sampling, analysis, assessment, research to determine the status of infection;
3. Processing involves filtering, removal, recycling, cleaning, disinfecting, keep back, returns the place of origin or destroyed the object in quarantine;
4. dangerous harmful organisms are organisms that have or are likely to cause major economic losses or serious ruined plant and environmental resources;
5. The outbreak is where one or more of the harmful organisms in the object directory of quarantine has been announced;
6. The room is contaminated space range outbreak in a region;
7. The batch object is a number of objects in the quarantine area contains the same elements and the conditions of the possibility of disease;
8. Sterilization is harmful organisms;
9. the quarantine location is where the test object in quarantine before move that object.
Article 2. -Objects in the quarantine area to include: 1. Plants, plant parts, products made from plants and plant parts capable of carrying harmful organisms;
2. Land, farming tools, machinery, plant, tools for processing plants and plant products, warehouse store dumps contain plants and plant products, train, boats, trains, cars, planes carrying the plants and plant products, contain, insert lining plant in goods and other artifacts are capable or are carrying the harmful organism.
Article 3. -Assigning responsibilities in the quarantine work as follows: 1. the Server object in the quarantine area must follow the track, except for pests, handle the infected object or not eligible for import, export or transport out of the room according to the rules of quarantine. Plant quarantine agency are responsible for guiding, monitoring, certification of the implementation of the measures, except track and handle.
2. In the case of the disposal of contaminated material to translate must be implemented urgently that server object does not have the ability to make the plant quarantine agency handling and server objects must pay the cost.
3-in the case at the same time to handle the translation of many of the infected object server object, but the object is not agreed upon are together, the plant quarantine agency decisions and the server objects must implement.
Article 4. -Owners of means of transport, preservation must implement the regulation on quarantine for the media and objects that carry, preserved by means of it.
Article 5. -Infected objects disinfection Work room by the Organization are eligible to follow the regulations of the Ministry of agriculture and food industry. If the object is the import, export, transit, they must plant quarantine agency or other professional organization of State quarantine agencies specify make, have the supervision of quarantine authorities.
Article 6. -When transporting the object in quarantine to the border regions, to the gate to export or to the gate to imports, the owner of the object must complete the following procedures: 1. Report with the nearest quarantine before at least 24 hours. For hand luggage, the luggage sent by means of transport and food, bring food, native plants, must be in place when the plant quarantine officer requires;

2. Create favourable conditions for plant quarantine officers check sampling objects in quarantine as open, closed means of transport, containers, package, provide manpower for the sampled rows, 3. Pay and the cost of plant quarantine regulations.
Article 7. -After the Declaration of the owner, the quarantine agency must examine, investigate, certification of quarantine immediately within 24 hours. In the case must extend beyond 24 hours, plant quarantine agency must notify the object owner know.
Article 8. -Minister of agriculture and food industry publication catalogue objects have the ability to carry objects which quarantine in Vietnam does not yet have the conditions to detect and prevent. In that case, the Ministry of agriculture and food industry will announce the banning or limiting exports, transportation of export, import, transit in some areas as some of the route on time to prevent the spread, the penetration of plant quarantine objects.
Article 9. -Manipulating techniques check out procedural and material, papers on plant quarantine must be applied for within the country, according to the regulations of the Ministry of agriculture and food industry.
Article 10. -Plant quarantine officers when on duty are on the articles, media, tools in plant quarantine. Particularly for the Privy in place of security and defence must be authorized to manage the premises which facilitate and guide how to do task to ensure both security and quarantine requirements.
Article 11. -The coordination among the agencies with regard to the export, import, transit of these objects in the quarantine area are defined as follows: 1. The Port agency service, customs, post office, the police, the border guard has the responsibility to coordinate with agencies quarantine inspection when needed, preventing Chase, the subjects violate the quarantine mode.
2. Declaring objects in an export quarantine, imported at the gate is one of the constituent content of customs declarations.
3. The customs authority is responsible for incorporating in the management, monitoring, inspection quarantine for goods for export, import and transit. Just complete the customs procedures for the object in quarantine after full did plant quarantine procedures as well as the procedures prescribed by law.
 
CHAPTER II DOMESTIC QUARANTINE article 12. -The object of domestic quarantine is prescribed as follows: 1. plant quarantine objects is the species of pests to command the new insurance within the narrow space, have the ability to spread out wide scope.
2. The object was or could carry quarantine objects are domestic quarantine.
Article 13. -The content quarantine work in these regions have not yet discovered the subject of domestic quarantine include: 1. plant resource Owners must regularly monitor the situation of pests plant resources or management directly by themselves.
In places often focused in an animal quarantine import, transit or taken from the room to the track above must request and instructed the Agency's quarantine;
2. When the object detected quarantine pests or suspected object that the server object or person discovered shall report immediately to the Agency of protection and quarantine where. Receive notification, the Agency protect and quarantine must be verified immediately. The object owner is responsible for implementing measures to handle under the guidance of the Agency to protect and quarantine;
3. Where the subject domestic quarantine then it must conduct quarantine under the provisions of article 13 of the Charter.
4. Objects in the quarantine area must have a certificate of quarantine of plant quarantine authorities in the border regions in the process of transportation, preservation, use. Server objects must implement the provisions stated in the certificate.
Article 14. -The content quarantine work in these regions are currently the object of domestic quarantine include: 1. Where there are outbreaks in an object Server quarantine must take measures to handle the physical disease as specified and under supervision, verification by the Agency of protection and quarantine.
Protection Agency and quarantine is responsible for guiding the owners object to apply measures to handle the infected object;
2. Where there are several outbreak, signs the outbreak spread into the room, the responsible authority must apply the following remedies: a) the Agency protect and quarantine must immediately report to the authorities the right to publish epidemic. Home bodies and organizations and individuals concerned to make the press room as defined in article 11 Ordinances protect and quarantine;
b) any object capable of quarantine objects are in the room when moving out of the room to be checked, processed and certified domestic quarantine;
c) quarantine location inland by the Agency protect and quarantine indicated the border regions or in the place in the room from which the batch plant can be moved out.
3. The declarations, processing, inspection, quarantine certificates for domestic plant is made according to the provisions of article 6, article 7 and article 9 of the Charter.
Article 15. -Prohibiting the move object to quarantine living inland to areas not yet have room. In the case of migration, the research aims to be the Minister of agriculture and food industry.
 
CHAPTER III IMPORT QUARANTINE article 16. -Object and object in an import quarantine shall be as follows: 1. the quarantine of imported objects include the dangerous pests, or appear within the narrow space, likely from foreign intrusions, spread into the water.
Object catalogue import plant quarantine by the Minister of agriculture and food industry to identify and publish each time.
2. The object was either capable of carrying harmful organisms mentioned above, are part of an import quarantine.
Article 17. -The object in an import quarantine on Vietnam must have the following conditions: 1. plant quarantine certificate of export country according to the template specified in the 1951 International Convention on plant protection;
2. No object plant quarantine import and no other dangerous pests, if yes then processed.
The Minister of agriculture and food industry standard regulations on quarantine for imported objects to ensure the above mentioned conditions.
Article 18. -Plant quarantine procedures for imported include: 1. organizations and individuals importing seed must register with the Ministry of agriculture and food industry for at least 10 days since that tree varieties to gates, rail, sea and river ports, airports, postal facility (collectively referred to as the gate);
2. When the object in an import quarantine was on the first gate, the owner of the object must be declared with the quarantine where Vietnam. The agency specifically indicated quarantine place first at the gate or in the other place have the quarantine conditions;

3. The declarations, processing, inspection, certificate of import quarantine for objects in the quarantine area are made according to the provisions of article 6, article 7 and article 9 of this regulation;
4. When the waterway transportation in the quarantine area in Vietnam, territorial media owners to declare the plant quarantine agency and Vietnam to check, if there is no object to quarantine import then the medium that allowed port, if there is quarantine objects they must handle.
Checking objects in an import quarantine carried on waterway transport is conducted in the quarantine location in the port of Vietnam.
Article 19. -The responsibility of the quarantine, the owner of the object in the transportation, storage, use the object in quarantine is prescribed as follows: 1. plant quarantine agency has the right to monitor the quarantine for the object in an import quarantine since that body was brought into the territory of Vietnam.
2. During transport, storage, use the object in an import quarantine, the owner of the object must have a certificate of import quarantine and fully implementing the measures specified in that certificate.
Article 20. -Plant quarantine agency are allowed to conduct or coordinate with quarantine authority export countries inspect, handle objects to import in the country of export.
Article 21. -Prohibits bringing the quarantine objects imported alive in any stage of growth in Vietnam, in case the need to put in to the study by the Minister of agriculture and food industry.
Article 22. -The processing of objects in quarantine from abroad due to drift, scattered, throw away, to reach Vietnam under the control of plant quarantine agency's coordination of the authorities as the port service, customs, police, border guard.
 
CHAPTER IV QUARANTINE for EXPORT to article 23. -Object and object in an export quarantine shall be as follows: 1. plant quarantine objects for export include the type of harmful organism not to reach out abroad as stipulated in the contracts, joint ventures, trade agreements, conventions and other documents agreed other commitments between the Vietnam side, with one or more foreign parties or international organizations.
2. The object was or could carry quarantine objects to export, are part of an export quarantine.
Article 24. -Server object in the quarantine area when the export must have the following conditions: 1. the Server object must have a certificate of quarantine of plant quarantine agency Vietnam;
2. Fit the requirements for quarantine regulations in trade contracts, joint ventures, agreements, conventions and other documents agreed upon, commitment between the Vietnam side with one or more foreign parties or international organizations.
Article 25. -Plant quarantine procedures for export include: 1. When the object in an export quarantine brought to the gate the road, railway, sea port, river port, the airport, the last postal facility, or to the place from which the export objects abroad, the owner of the object must declare in advance with the quarantine. Plant quarantine agency designates the quarantine location at the gate and the places mentioned above;
2. plant quarantine agency has the right to make decisions or to accept the request of the host object implementing the preliminary test method in production facilities, preservation in inland and at the last gate, in this case, the test and the final check must still be made to grant a certificate of export quarantine;
3. The declarations, processing, inspection, certificate of export quarantine for objects in the quarantine area are made according to the provisions of article 6, article 7 and article 9 of the Charter.
Article 26. -The responsibility of the quarantine, the owner of the object while the object shipping out of Vietnam territory shall be as follows: 1. plant quarantine agency has the right to monitor the quarantine for the object in an export quarantine since the object was checked , welfare check, certificate of export quarantine until shipped out of Vietnam territory.
2. Server objects in the quarantine area must have a certificate of export quarantine when transporting objects from the quarantine for export to foreign countries and to implement fully the measures specified in that certificate.
 
Chapter V TRANSIT QUARANTINE article 27. -Objects in the quarantine area when Vietnam transit transport must have a certificate of quarantine of plant quarantine agency of the State of the place of origin, must be packed in sealed, be sure and be transported by means of non-infected plant quarantine objects importing , or other dangerous harmful organisms can spread along the road.
Article 28. -Plant quarantine procedures in transit include the following: 1. When the object in the quarantine area transit in the first gate of Vietnam, the owner of the object must be reported for plant quarantine agency near you;
2. plant quarantine agency in Vietnam have the right to monitor the object, check the transport and external objects, ask the owner of the present quarantine certificate of the country of origin.
Article 29. -The responsibility of the Agency and the plant quarantine objects in transit body Vietnam time is defined as follows: 1. In the case of plant quarantine objects imported or other dangerous harmful organisms from objects in the quarantine area transit spread on the territory of Vietnam, the host body must report immediately to the quarantine near for, or local government agency to notify quarantine processing and server objects must pay the cost.
2. In case of detected objects in the quarantine area transit package is not the correct plant quarantine regulations, no plant quarantine certificate of the country of origin, the plant quarantine agency of Vietnam has the right to check the object and means of transport or suspend until the correct packaging regulations. Plant quarantine agency Vietnam test results processing of objects with which to review and certification of quarantine for transit.
All quarantine costs the owner object is charged for quarantine agencies in Vietnam.
 
CHAPTER VI article 30 ENFORCEMENT TERMS. -The person who violates the provisions of this Charter and the provisions of the law on plant quarantine, then depending on the extent violated the administrative sanctions will be, compensation for damage or prejudice criminal liability under the law.
Article 31. -Minister of agriculture and food industry issued or coordinating with the authorities to enact the regulation details, guide, inspect, supervise the implementation of this Charter.
The Secretary of the Ministry, ministerial heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the jurisdiction and responsibilities implementation of this Charter.
The rules take effect from the date of signing. The previous provisions contrary to this Charter are repealed.
 
RULES On The MANAGEMENT Of MEDICINES And PLANT PROTECTION

(Attached to Decree No. 92-CP dated 27-11-1993 of the Government)
 
Chapter I GENERAL PROVISIONS article 1. -The Charter regulates the management of plant protection drugs in Vietnam.
Plant protection drugs include preparations used to the room except for pests of plant resources; the preparations have regulate plant growth; effects products repel or attract the kinds of pests plant resources come to destroy.
Article 2. -This Charter In the following terms are understood as follows: 1. Active substances or substances of effective plant protection drugs include substances in drug products acts except destroy or limit growth, development of the pests and plant resources; the substance acts regulate plant growth, repel or attract the kinds of pests plant resources to to destroy;
2. Smoking is smoking products are produced according to the process technology has been certified, quality standards, trademarks have been registered at the competent authorities and allowed to put into circulation, use;
3. Smoking is smoking techniques with highly active substances used for drug processing, processing of finished products;
4. The form of the drug's physical status with the claim about the nature and psychology of smoking specific product is expressed in the form of liquid, aqueous, oily emulsion form, form of suspension, granular powder, Talc powder, water repellent, paste, etc.;
5. the quarantine period is the minimum time period from the date of use of the plant protection drugs last December to harvest the product during cultivation or minimum time from when using plant protection drugs for the last time to when using the product in the preservation process;
6. is the amount of the active ingredient residues and toxic decomposition products still remain in agricultural products, the environment after use of the plant protection drugs.
Article 3. -Organizations and individuals in the country and abroad have active production, processing, export, import, circulation, use plant protection drugs on the territory of Vietnam must follow the law on plant protection drugs management of Vietnam.
Article 4. -Ministry of agriculture and food industry is responsible for governance of the standards, categories, formats, features and effects of the use of plant protection drugs, and issued regulations granting active plant protection drugs services.
The Ministry of agriculture and food industry in collaboration with the Ministry of heavy industry, the Ministry of science, technology and environment, the Ministry of health and Ministry of Commerce during the governance of outsourcing production, export, import, circulation, medicine packaging, labels, packaging and advertising of medicines and plant protection.
The State Agency of agriculture grants help people's committees at the same level performing State management functions on the use of medicines and plant protection in the local scope.
Article 5. -Prohibiting the import, production, circulation and use of medications: drugs not on the formulary and plant protection are allowed use on the territory of Vietnam; counterfeit drugs; expired medication use; smoking without accents in quality inspection of production facilities; no drugs or not true quality standard marks already registered.
Every year in January the Minister of agriculture and food industry publicized plant protection drugs categories are allowed to use, limit use and banned the use on the territory of Vietnam. The case of the new requirements can be reviewed and supplemented the list between the two States announced annually. The decision to limit the use or prohibition of use of drugs already in the list will begin to take effect after 3 months from the date of publication.
 
CHAPTER II MANUFACTURE, MACHINING PLANT PROTECTION DRUGS USED in the COUNTRY article 6. -Production, processing plant protection drugs include: 1. The production of active substances, smoking techniques derived from chemistry, biology;
2. the processing or technical active substances into the drug product in different formats to use;
3. bottling operations, packaging from the volume, large capacity into mass, small capacity.
Article 7. -The registration of production, plant protection drugs machining is done according to the rules as follows: 1. The organization, individuals who want to operate the production, fabrication plant protection drugs (including the bottling, packaging) must comply with the current rules of the State of establishment registration and establishment of enterprises and production facilities. Competent authorities only permit established businesses after the assessment opinions of the Ministry of agriculture and food industry on standards, categories, and features the effects of smoking.
The evaluation and licensing of established businesses and manufacturing plant protection drugs slow as 45 days of receiving a valid profile, if not licensed, they must announce clear reasons in writing to the organisation or individual would sign up to know.
2. plant protection drugs must sign the manufacture, processing, including: a) registered Drug manufacturing, first machining;
b) drugs have been granted sign the manufacture, fabrication, but there is a change in the name, the amount of the active ingredient, recipe, form, packaging, trademarks;
c) drugs have produced abroad, but now sign the manufacture, processing in Vietnam;
d) Smoking is the Ministry of agriculture and food industry to allow use of the try.
Article 8. -Conditions for the Organization, the individual would sign the manufacture, fabrication plant protection drugs: 1. the manufacturing process technology, ensure the quality of medicines and plant protection;
2. location and equipment to ensure product quality, ensure safe for the health of people, creatures and environmental ecology;
3. The Manager, executive producer, processing must have a University certificate or degree of chemistry or plant protection;
4. staff, technical workers to meet the requirements of production and processing.
Article 9. -The Organization, individuals are only producing, processing plant protection drugs: 1. a drug formulary are allowed to use, limited use in Vietnam by the Minister of agriculture and food industry publication;
2. plant protection drugs production, processing for export.
Article 10. -Powers and responsibilities of the Organization, individual manufacturing, machining plant protection drugs: 1. The organization, individuals are entitled to the production, processing and sale of plant protection drugs prescribed by the licence;
2. Production and processing of drugs provided only 1 time and value from the date of grant. After 6 months from the date of license, if not deployed then withdrawn license;
3. When the Organization, individuals are licensed and was active but not continue production, it must return the license;
4. Production facilities, processing plant protection drugs is responsible for the production situation reporting, quarterly, annually with the licensing authority and the superior agency directly under the State's current regulations on the work of statistical reports;
5. organizations and individuals apply for drug production and processing must submit a fee as prescribed by the State;
6. Strictly prohibited the manufacture, fabrication and unlicensed medicines or not properly specified in the licence.
 
CHAPTER III exports, IMPORTED DRUGS and DRUG INGREDIENTS for PLANT PROTECTION article 11. -Imported drugs and drug ingredients: 1. the plant protection organization, the individual is importing the drug product or the raw materials for the manufacture of medicinal products, as defined by the law.

The Ministry of agriculture and food industry demands the drug should enter every year. On the basis of which the Ministry of Commerce to import license under the provisions of the law and according to the recommendations of the base there are active licenses, import/export of raw materials to manufacturing, processing plant protection drugs.
2. With regard to the case of the drug product or the raw materials for the manufacture of the drug product, but not yet in the category of drugs are used in Vietnam, the number of import less to serve the research, experimentation, production and try to be the Ministry of agriculture and food industry.
Article 12. -Organizations, individual import and export plant protection drugs must have the following conditions: 1. the contract orders of foreign countries;
2. the export license of Ministry of Commerce;
3. in case of individual organizations or foreign capital or venture with organizations, individuals in the country of production, plant protection drugs manufacturing in Vietnam to export must be competent authorities decisions.
 
CHAPTER IV PLANT PROTECTION DRUGS CIRCULATING in the COUNTRY article 13. -Plant protection drugs circulation including the process from when the medication is out of production, processing or drugs enter Vietnam gate until the use of drugs.
Article 14. -The transportation of the drugs to ensure safety at the request of each drug.
Article 15. -The Organization, individuals save contains smoking and smoking materials must have treasure meet technical requirements, drug quality assurance, ensuring the safety of people, creatures and the ecological environment.
Article 16. -Organizations, individual plant protection drugs business is are eligible: 1. Have a business license by the competent authorities. The State Agency of agriculture provincial licensure level for shops selling medicines and plant protection in the local territory management;
2. Have a degree or a certificate of qualification as prescribed;
3. the health certificate of the health authorities;
4. are there shops, warehouses, equipment needed.
Article 17. -Business range plant protection drugs: 1. Only sold drugs in the formulary are allowed to use, limited use in Vietnam;
2. Not be sold counterfeit drugs, drug use, delinquent inferior quality drugs, drugs of unknown origin, smoking is not the right marks, registered quality standards, with quality control of the production base.
3-do not plant protection drugs sold along with food, the food, the drink in the same store.
Article 18. -The circulation, advertising the drug plant protection must comply with the following: 1. The drug traffic must be labeled as prescribed goods have registered with the competent authorities;
2. Just be advertising, drug information, drug use in Vietnam. Advertising content, the right to information of features and effects of the drug, according to the regulations of the State.
 
Chapter V USE PLANT PROTECTION DRUGS article 19. -Organizations, individual plant resources is to use plant protection drugs has allowed drug use to the room except pests plant resources under the guidance of professional officers or as directed in the drug label: proper use of medication, the right audience , the right dosage, at the right time, the right method, properly permitted range; guaranteed safe for humans, animals and the environment.
Article 20. -Harvesting, use of plants and plant products processed plant protection drugs must follow the rules of quarantine time for each drug.
Article 21. -The destruction of drugs and drug packaging plant protection in the production and circulation and use is according to the regulations of the Ministry of agriculture and food industry.
 
CHAPTER VI ASSAY, CONTROL MEDICINES and PLANT PROTECTION Article 22. -Ministry of agriculture and food industry implement state management functions the test plant protection drugs when put into circulation, use and assay the new plant protection drugs within the country.
Article 23. -Auditing Agency, assay drug plant protection of the Ministry of agriculture and food industry to conduct quality control for medicines and plant protection in the process of circulation, use, control of drug residues in plant protection and agricultural product, manage the plant protection drugs assay. The Agency has the right to inspect, take samples for quality control and drug residue periodically or irregularly, or at the request of shippers. Audit results and assay is the legal basis for the management of the State on plant protection drugs. The auditing Agency and plant protection drugs assay is responsible for auditing results and assay of himself before the law.
Article 24. -In the process of manufacturing, machining, services practice plant protection drugs, testing, drug assay, organizations, individuals and foreign countries must comply with the regulations regarding the inspection, sampling and are charged a fee, the cost incurred necessary under the provisions of the State.
 
CHAPTER VII MANAGEMENT MODE, USE the RESERVE FUND the DRUG PLANT PROTECTION article 25. -The establishment, the management mode, use the State Reserve Fund on plant protection drugs in Central is provided as follows: 1. Ministry of agriculture and food industry in collaboration with the Ministry of finance, the State Planning Committee of the building and the Prime Minister approved the budget for the State Reserve Fund on plant protection drugs.
The State Reserve Fund on plant protection drugs annually in Central by 10% of the total value of drugs and plant protection use of the 5-year average.
2. The Ministry of agriculture and food industry of the State reserve fund management on plant protection drugs.
3. The Ministry of agriculture and food industry and the Ministry of finance regulation number, category of plant protection drugs annual reserve, preservation mode, rotated, settlement and allocate additional capital at the rate prescribed in clause 1 of this article.
4. In the event of natural disasters, pests plant resources arise into widespread outbreaks, causing serious damage, exceed the capacity of the rooms except the local people's Committee Chairman, central cities and the Minister of agriculture and food industry the Prime Minister allowing use of State reserve funds on plant protection drugs. The amount and method of manufacturing the State Reserve Fund on plant protection drugs due to the Prime Minister decided to customize each specific case.
Article 26. -The establishment, the management mode, use the reserve fund method of plant protection drugs in the province, a city centrally by the provincial people's Committee, the city of centrally regulated under the guidance of the Ministry of agriculture and food industry and the Ministry of finance.
 
CHAPTER VIII TERMS of ENFORCEMENT of article 27. -Organizations and individuals violating the provisions of the Charter and the provisions of the law on plant protection drugs, then depending on the extent violators will be disciplined, the administrative handling, damages or prejudice criminal liability under the law.
Article 28. -Minister of agriculture and food industry issued or coordinating with the authorities to enact the regulation details, guide, inspect, supervise the implementation of this Charter.
Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the jurisdiction and responsibilities implementation of this Charter.

The rules take effect from the date of signing. The previous provisions contrary to this Charter are repealed.
 
REGULATIONS on the SYSTEM of the ORGANIZATION, the SPECIALIZED INSPECTION, DISPUTE RESOLUTION and fees, the COST of the WORK to PROTECT and QUARANTINE (attached to Decree No. 92-CP dated 27-11-1993 of the Government) system of SPECIALIZED ORGANIZATIONS PROTECT and QUARANTINE article 1. -The system of specialized organizations protect and quarantine is organized in two levels, uniform from the central to the local, are defined as follows: 1. In Central, plant protection Bureau under the Ministry of agriculture and food technology is helping the Minister of agriculture and food technology unified state management on specialization protection and quarantine in the nationwide, have legal personality; seal, be entitled to funding from the State budget, was to open a private account, including foreign currency accounts.
a) plant protection Bureau Director responsible to the Minister of agriculture and food technology to perform state management functions on specialization protection and quarantine of plants within the country under the provisions of article 31 of the Ordinance to protect and quarantine;
b) plant protection agency is the Ministry of agriculture and food industry of the Socialist Republic of Vietnam delegation participated in the international organization of plant protection and quarantine, cooperation with other countries and international organizations about their activities in the field of plant quarantine and protection;
c) plant protection Bureau has the following protection unit: The regional plant protection Center in Hai hung, Nghe An, Quang Ngai province, Tien Giang made the discovery, the investigation function, the forecast pests, empirical surveys, monitoring pests on new varieties enter and breeder in the country assay, new drugs and help the Director plant protection inspection, urging about plant protection on the area assigned;
The plant quarantine Bureau Department played in Lao Cai, lang son, Hai Phong, Hanoi, Nghe An, Quang Nam-Da Nang, Binh Dinh, Ho Chi Minh City, Hanoi and some Bureau quarantine the other when in need, make the task of plant quarantine objects in quarantine in the international , the nation, the clues and help Director plant protection inspection and quarantine work urge indigenous plants on the area assigned;
The inspection centre plant protection drugs played in Hanoi and Ho Chi Minh City, performed the task of drug quality, drug residues and plant protection in agriculture, forest products and help plant protection Bureau Chief made the assay the new plant protection drugs;
Evaluation analysis Center and quarantine laboratory in Hanoi, the task of research, assessment, classification of pests plant resources in plant quarantine;
The heart plant quarantine after importation in Hanoi and Ho Chi Minh City, made the task of tracking, check out the harmful organisms in quarantine implicit in the seed enter.
The duties, powers and organization of the plant protection department by the Minister of agriculture and food industry regulations.
2. In local: Plant Protection Bureau in the Agriculture Department is responsible for helping the people's committees, the central cities (known as provincial level) governance in the field of plant protection, quarantine, plant protection drugs and sterilized at the same time local performing Professional activities business, according to the hierarchy and guidelines of plant protection department. Plant Protection Bureau had the provincial subdivisions plant quarantine station and plant protection stations of the district or districts.
Plant protection stations or districts the District beyond the performed task management plant protection according to the assignment of the genus plant protection Bureau is also responsible for helping the people's committees at district level on plant protection within its management.
The functions, duties, powers and organization of the provincial plant protection by the provincial people's Committee decided according to the regulations of the Ministry of agriculture and food industry.
Article 2. -The Organization, mandate, powers and mode of operation of the network of plant protection in communes, wards and towns and in the agricultural and forestry enterprises by the provincial people's Committee decided according to the regulations of the Ministry of agriculture and food industry.
 
SPECIALIZED INSPECTORS on WORK PROTECTION and QUARANTINE article 3. -Specialized inspection of quarantine and protection of plants (referred to as plant protection inspector) Inspector Executive Ordinance to protect and quarantine, devising preventive measures, prevent the violation of the law on protection and quarantine.
The system organizes specialized inspectors and plant protection was established at Central and local levels.
Article 4. -The functions, duties, powers and organization of the system of inspection of plant protection specialist at Central and local levels by the Minister of agriculture and food industry regulations.
The Minister of agriculture and food industry-appointed Chief Inspector of the specialization of food protection in the Central at the suggestion of Director of Department of plant protection.
Chairman of the provincial people's Committee appointed Chief Inspector of the specialization of the provincial plant protection at the suggestion of the Director of the Department of agriculture.
Article 5. -Specialized inspection officer on guard duty, the inspector must wear colors, emblems, insignia and the inspection card as specified by the Minister of agriculture and food industry.
Article 6. -Bureau Chief, Director of plant protection is responsible for organizing and implementing plant protection inspection according to the tasks and powers by the Minister of agriculture and food industry regulations.
Article 7. -The plant protection inspection by the inspector or inspectors Union plant protection implementation. Content Inspector plant protection include the following: 1. Inspect the implementation of prevention except pests plant resources of the Organization, the individual has a work-related activity and plant protection;
2. the Inspector to perform quarantine and disinfection;
3. Inspection of the disputed regulations on drug management and plant protection;
4. The inspection activities of the organizations and individuals who have active plant protection; quarantine, disinfection and plant protection drugs;
5. Inspection of other activities related to the enforcement of the law on protection and quarantine;
6. Review and resolve complaints, accusations about protection and quarantine.
The Minister of agriculture and food industry specific content rules of inspection and plant protection, plant quarantine, disinfection and plant protection drugs for other objects.
Article 8. -Inspection regime and plant protection include: 1. periodic inspection: proceed according to regulations or planning inspector of State administration on the protection of plant and 15 days prior notice to the facility being inspected.
2. sudden inspection: conduct inspections when the State Agency for protection of plant receives a complaint, report or find expression in violation of the law to protect and quarantine.
Article 9. -Bureau Chief, Director of plant protection in the scope of his management decisions with respect to inspection organizations, individuals rely on the following bases:

1. inspection plan was established at the request of State management and plant protection;
2. When there are disputes, complaints, accusations about plant protection;
3. The incident violated the law on plant protection due to auto detect or due to the upper level.
In case of need, the Group decided to establish the Ombudsman. The delegation inspected included the head of the delegation and the members are officers of the State administration of plant protection; If the Inspector content relevant to multiple parties, state management bodies on the protection of plant can invite representatives from related agencies join Inspector.
When conducting inspections, dispute resolution of complaints, accusations about plant protection, as part of the Corps of inspectors must have competent representatives of the parties concerned. The case of one of the parties concerned refused to join the Corps of inspectors, the conclusions of the inspection group still has legal value.
Article 10. -When conducting the inspection, the inspector or inspectors have the task of plant protection, the following powers: 1. Require the Organization, related personal documentation, answers on the issues necessary for the inspection, conducted tests at the scene;
2. Sampling artefact to analyse, assess or test according to stipulated terms, mode;
3. Suspend or temporarily suspend the Act in question violates the law on the protection and quarantine and must take responsibility for those decisions; If decisions that cause damage to the object Inspector but when the conclusion is not to violate the decision to compensation;
4. Sanctions under the authority or propose measures to handle with the competent authorities; move the record violates the law to the criminal investigation authorities if found there constitute a crime.
Article 11. -The Organization, individuals have the right to complain to the agency conducting the inspection or state regulators about plant protection supervisor about the conclusions and measures to handle when the inspection on the protection of plant at the facility.
Consideration of disputes, complaints and accusations about plant protection must be the State administration on the protection of plant solve the slowest is 30 days from receipt of valid records.
The conclusions of the State Agency for protection of plant supervisor in effect executed.
 
DISPUTES ABOUT PROTECTION and QUARANTINE article 12. -The handling of disputes are defined as follows: 1. The dispute in the quarantine and protection of plants: a) dispute that either side is held, individuals in the local countries would then plant protection agency where it settles, when there are complaints, then plant protection agency supervisor bliss and decided; that decision in effect enforced;
b) disputes between the units in the ministries, committees and other bodies belonging to the Government or between central units with local or disputes between the agencies in the central cities, by the Minister of agriculture and food industry. The decision of the Minister of agriculture and food industry are enforceable; If there are complaints, then the Prime Minister's decision.
2. Any dispute relating to the contract are resolved according to the current legislation on contracts.
3. Disputes related to the compensation and compensation for damage caused by people's courts to resolve.
4. Disputes about the expertise that a party, or both parties are held, foreign individuals active in the field of plant protection, quarantine, fumigation, plant protection drugs on the territory of Vietnam led by Director of Department of plant protection to resolve; If the contract dispute, the Agency has jurisdiction under the Ordinance of Vietnam unless the international treaties to which Vietnam signed or otherwise.
 
The FEE, the COST of the WORK to PROTECT and QUARANTINE article 13.
1. organizations and individuals, the administrative fee for plant protection agencies on the following activities: a) the registration of plant protection practice;
b) registration of plant quarantine;
c) disinfection practice registration;
d) registered plant protection drugs business.
2. organizations and individuals have to pay the cost for the following work: a) quality control, pesticide residues, plant protection plant protection drugs assay and registration of new drugs used in Vietnam;
b) test objects, analysis of samples, pests, inspection of processing infected objects include filtering, recycling, destruction, disinfection slate clean again, returned to the place of origin;
c) room service except for pests of plant resources;
d) The other related costs that the Agency protect and quarantine administrative fee to pay, and the cost comes in this plant protection agency (Central and local) follow the regulations of the Ministry of agriculture and food industry after the agreement of the Ministry of finance.
Article 14. -In addition to the State-level funding annually, the industry protect and quarantine is retained earnings as defined in article 13 of this regulation to offset the additional costs incurred in the course of performing their duties.
 
The TERMS of the IMPLEMENTATION of article 15. -Minister of agriculture and food industry issued or coordinating with the authorities to enact detailed regulations Guide, check the urge to enforce this regulation.
The Secretary of the Ministry, ministerial heads, heads of government agencies, only the President of the people's Committee, the central cities in the jurisdiction and responsibilities implementation of this regulation.
This regulation is effective from the date of signing. The previous provisions contrary to this regulation are repealed.

PROVISIONS on SANCTIONING ADMINISTRATIVE VIOLATIONS in the WORK of PLANT QUARANTINE and PROTECTION (issued in Decree No. 92-CP dated 27-11-1993 of the Government) the FORM and LEVEL of the ADMINISTRATIVE VIOLATIONS in the WORK of PROTECTION and QUARANTINE article 1. -For violating regulations on harmful organisms against plant resources in the region are: caution or a fine from 50,000 to 100,000 Dong Dong, if there are aggravating the fine to 200,000 VND for the acts put on or take off the room types of plant resources of pollution dangerous pests has been declared in the region Velvet that has not yet been processed.
Article 2. -For violating the rules of quarantine: 1. Caution or a fine from 50,000 to 100,000 Dong Dong, if there are heavy fines to 500,000 may contract for one of the following violations: a) does not have a certificate of quarantine of plant protection Bureau where when giving plant resources have quarantine objects carried supplies to the province, central cities;
b) transporting and unloading plant resources of infected plant quarantine objects incorrectly where regulation.
2. A fine from 100,000 to 200,000 Dong Dong, if there are aggravating the fine to 500,000 đồng for one of the following violations: a) dispose resources of plant quarantine objects contaminated vegetation spread in other regions;
b) does not approve the regulations on the processing mode for infected objects object to quarantine of Vietnam.
3. A fine from 100,000 to 500,000 Dong Dong, if there are aggravating the penalty to 2 million contract for one of the following violations: a) evade the procedure according to the provisions on quarantine declarations prior to import, export, transit plant resources;

b) shipping, plant resources circulation had concluded contaminated plant quarantine objects that do not implement the provisions of the plant quarantine agency has jurisdiction;
c) transit plant resources of plant quarantine agency of Vietnam, not the full implementation of measures to prevent the harmful organism as defined by Vietnam or no quarantine certificates of plant quarantine agency places of origin;
d) evading or opposed to the check quarantine, plant resources;
e the executive measures) are not zoned, siege, destruction of outbreak pests subject to quarantine by order of publication;
g) introduced into the territory of Vietnam resources of plant quarantine area without quarantine certificates and export water or has not passed quarantine at the gate;
h) did not approve the measures in an object handle quarantine when export, import plant quarantine agency decision;
I) in an object Server quarantine perjury, hiding or swapping of the quarantine process in plant quarantine agency conducted quarantine procedures for the export and import shipments;
k) Taken from overseas into Vietnam plant quarantine objects still fresh in the quarantine objects list of Vietnam without permission of the Minister of agriculture and food industry.
4. A fine of 2 million contract for violations of regulations on quarantine for a T. g: a) When detecting a T. g in stock that are not yet processed and confirmed the Agency's quarantine authority is already thoroughly eradicate termites;
b) during transport the objects in quarantine, plant quarantine officials detected infected object that hosts the g t. weevil object does not handle thoroughly following the instructions and has not been plant quarantine agency authority confirmed except kill thoroughly this weevil.
Article 3. -For violating regulations on disinfection of: 1. A fine of 200,000 to 500,000 Dong Dong, if there are aggravating the penalty to 2 million contract for one of the following violations: a) the practice of disinfecting the object in quarantine for export, import and storage without the license of the plant protection Department;
b) use disinfectant announced prohibits the use in Vietnam and used disinfectant wrong regulation bad influence to quality of the object is disinfected or pollute the environment, adversely affecting the health of people and creatures.
2. In case of violation of the provisions of article b, paragraph 1 of this Article also withdrawn license.
Article 4. -For violating regulations on plant protection drugs: 1. A fine from 100,000 to 500,000 local Council, if there are aggravating the penalty to 2 million copper and recovery of licensed plant protection drugs for one of the following violations: a) production , unlicensed drug processing;
b) incorrect drug production regulations are stated in the license.
2. A fine from 1.000.000 VND to 2 million VND, sealing illegal goods to handle according to the law for one of these serious violations here that the nature of the acts not to prejudice criminal liability: a) fake drugs production and processing;
b) produced, manufactured the drug in the formulary and plant protection prohibits the use in Vietnam;
c) drug production and machining non-standard techniques such as signed and inscribed on the packaging.
3. A fine of 50,000 to 100,000 Dong Dong, if there are aggravating the penalty to 2 million contract for one of the following violations: a) the transport, warehouse does not guarantee the technical requirements in transportation, storage of drugs and drug ingredients for the bad influence on the health of the people , organisms, the environment and the quality of medicines, medicinal ingredients;
b) preservation, transportation of drugs and drug ingredients along with people, cattle, food, food;
c), drugs trafficking, poor drug quality (no quality standards), drug use, delinquent list are allowed to use and limited use in Vietnam, drugs not labeled or label is not properly regulated;
d) trafficking, drug materials without a license.
4. A fine from 100,000 to 200,000 Council Council for the export behavior of drugs or drug ingredients for the unlicensed export of Ministry of Commerce.
5. A fine from 1.000.000 VND to 2 million VND, sealing illegal goods to handle according to the law against importing drugs or behavior make formulary drugs outside the plant protection are allowed to use and limited use in Vietnam.
6. A fine from 200,000 to 500,000 Dong Dong, if there are aggravating the penalty up to 1.000.000 VND for new drug assay behavior without license, is not the right place.
7. A fine from 100,000 to 200,000 Dong Dong, if there are aggravating the penalty to 2 million dong and to compensation for acts knowingly using banned drugs, the medication is not in the list are allowed to use and limited use in Vietnam.
Article 5. -With regard to the violation of the provisions of the administrative management of plant protection, quarantine, disinfection and plant protection drugs: 1. a caution or a fine from 50,000 VND to 200,000 VND, if there are aggravating the fine to 500,000 đồng for one of the following violations : a) fixing, erasing, licensed plant protection, disinfection, import permit, quarantine certificates, quality testing, drug residues and plant protection;
b) For others to use the license, certificate to practise;
c) Used costumes, badges, insignia of the plant quarantine officer, specialized protection inspection and quarantine by State regulations to make fake plant quarantine officers, specialized protection inspection and quarantine.
2. A fine from 100,000 to 500,000 Dong Dong, if there are aggravating the penalty to 2 million contract for one of the following violations: a) fake, fix the profile to apply for a license, registration certificate of plant protection, quarantine, disinfection and plant protection drugs;
b) prevent and combat for officers to plant protection, quarantine inspection, specialized in plant protection and quarantine when on duty.
3. A fine from 100,000 to 500,000 Dong Dong, if there are aggravating the penalty to 2 million and suspension for not circulating the drug for one of the following violations: a) information, improper advertising features, the effect of smoking;
b) plant protection drugs brand was not competent browser or improper medication labels print templates are browser;
c) forge brand drugs.
4. In case of serious breach of paragraph 1, item 2 of this Article shall in addition to 2 million fines Council also revoked the license of practice.
 
Jurisdiction, procedures, PRINCIPLES and MEASURES PENALIZING article 6. -The Authority decided to sanction of the organisation to protect and quarantine levels are defined as follows: 1. protect inspectors and provincial quarantine while on duty have the right to warn, fine of up to 100,000 Dong for administrative violations in the field and its management.
2. The station chief, the Deputy Head of plant protection Stations stations in the district or the district was right: a) a fine of up to 500,000;

b) report issued on the withdrawal proposal directly licensed by the Agency and plant protection and quarantine authorities when necessary;
c) apply administrative measures stipulated in article 12 of the Ordinance on sanctioning administrative violations except forcing compensation measures.
3. The station chief, Deputy Chief of Station plant quarantine stations, border Quarantine Station or at the junctions of roads, railways, waterways, aviation, the post office was right: a) a fine of up to 1.000.000 VND;
b) sanctions prescribed in point b, c Paragraph 2 of this Article.
4. Inspectors of plant protection Bureau, Bureau Chief, Deputy Bureau Chief of the Quarantine Bureau, Chief Inspector of the Bureau of quarantine Department, Bureau Chief, Deputy Bureau Chief of the plant protection Bureau, central cities, the Chief Inspector of the provincial plant protection is entitled to impose a fine of up to 2 million and adopt the form of penalties and preventive measures France other administrative regulations.
5. The Chief Inspector of the Department of plant protection, Bureau Chief, Deputy Director of Department of plant protection is the right to apply all forms of administrative measures and penalties stipulated in the Ordinance on sanctioning administrative violations.
6. The State bodies and other competent administrative sanction specified in article 17 and article 19 Ordinances sanctioning administrative violations shall have the right to sanction in the area of plant protection and quarantine, but must comply the provisions in article 17 Ordinance on sanctioning administrative violations.
Article 7. -Procedures, fine measures are defined as follows: 1. In case of a caution or a fine of up to 100,000 dong, the competent person has the right to fine sanction in place.
The Organization, the individual must file the infringement fines and receive receipts, without receipts, then the fine penalty have the right to not forfeit. The Agency, the competent administrative sanctions are clearly for the Organization, individuals violating the know, account, name of the legal document which they have violated.
2. If the violation of regulations on the level of sanction mentioned in clause 1 of this article shall make a penalty decision by the following sequence: a) when there are violations of the law to protect and quarantine, then the competent person must establish sanctions violation thereon as required in article 21 Ordinance on administrative violations and sanctions according to the form of the Ministry of agriculture industry and food industry regulations. Who created this record must reread the minutes for violators and require litigants to sign the minutes;
In case of violation of refused to sign the minutes shall specify the reason. A violation is established 2 a, 1 a delivery for organizations, individuals, a competent agency submitted for sanction;
b) report on the violation of the law on protection and quarantine is to base the decision to sanction the violation of laws on protection and quarantine. Within 10 days from the date of establishment of the minutes, the agency or the person who has the authority to sanction the decision to sanction the violation of laws on protection and quarantine according to the model by the Ministry of agriculture and food industry regulations;
c) within 5 days of effective sanction decision, the non-sanctioned voluntary executive decision-making bodies, then sanctions are coercive authority as defined in article 32 Ordinances sanctioning administrative violations.
Article 8. -License revocation and certificate are defined as follows: 1. The organization, individuals are protected organs and quarantine authorities of the type of license, professional paper, certificates (hereinafter referred to as the license) to conduct activities in the field of plant protection , plant quarantine, disinfection, plant protection drugs may revoke a licence if the administrative violations directly related to regulations on the use of that license.
2. Revoke the licence for the duration of the infringement after verifying the nature and degree of the violation found was still able to continue practicing.
3. no license revocation time limit be applied one of the following cases: a) license granted vires;
b) license with content contrary to the provisions of the law;
c) serious violations found impossible to continue practising.
4. plant protection inspectors and plant quarantine Station Chief Station Gate, Chief Quarantine Station Station at the junctions of roads, railways, waterways, aviation, the post office has the right to sanction under Paragraph 2 of this Article or recommendations to competent bodies licensed to sanctions as defined in paragraph 3 of this Article.
5. When a decision to revoke a licence, the Agency has the authority to order immediate suspension of the Organization's activities, personal violation, the duty to set the record clear reasons to revoke a licence under the provisions of article 15 content Ordinance sanctioning administrative violations.
Revocation of the license only made when the decision in writing by the competent person specified in article 19 of the Ordinance on sanctioning administrative violations.
The decision to revoke the licence must be submitted to the Organization, the individual be penalized right when making decisions and to inform the provider that knows the type of license.
Article 9. -Procedure of application of other administrative measures are defined as follows: 1. the competent authorities and the sanction stipulated in article 6 of this regulation, when the Japanese decided to adopt other administrative measures are based on the rule of law and damage level of fact due to administrative violations cause and must take responsibility for the decision of the themselves.
2. The application of other administrative measures only be conducted when a decision in writing. The text of this decision is sent to the Organization, individuals have the same administrative violations with administrative sanction decision.
3. individual organizations sanctioned by other administrative measures to enforce the penalty which form within 5 days of receiving the decision.
4. In the case of the infected object, quarantine plant protection drugs need to be destroyed immediately when the implementation must set the minutes signed by the Organization, the individual fines, the decision to sanction and witnesses; If not destroyed immediately seal exhibits and founded the Council treats to destruction.
5. individual organizations sanctioned by other administrative measures will comply if not self made in the time specified. Individual organizations coerced must bear all costs for the implementation of coercive.
Article 10. -Complaints and complaints about sanctioning administrative violations in the work of protecting and plant quarantine conducted under article 36, article 37 Ordinances sanctioning administrative violations.
 
The TERMS of the IMPLEMENTATION of article 11. -Organizations, individual foreigners, enterprises of foreign investment in Vietnam administrative violations in the work of protection and quarantine, disinfection, plant protection drugs in Vietnam territory then sanctioned as defined in point 3, article 5 Ordinance sanctioning administrative violations.
Article 12. -Modes of rewards and punishments are defined as follows: 1. These violations of the law to protect and quarantine of plant if it deems that signs constitute crimes shall transfer the record to the competent authorities to handle rescue and criminal liability.
2. Authority sanctions that have held the advantage of right behavior, sanctions are not regulated, depending on the nature and extent of the violation will be subject to discipline, if damage compensation or prejudice to criminal liability.

3. People who have achievements in detecting the administrative violations in quarantine and protection of plants shall be rewarded according to the provisions of article 39 Ordinances sanctioning administrative violations.
Article 13.
1. Ministry of agriculture and food industry uniform model regulations thereon, each sanction decisions form the field of plant protection, quarantine, decontamination and protection of drug plant.
2. The Ministry of finance regulation system for the receipt and release form, manage receipts.
3. The Secretary of the Ministry, ministerial-level agency heads, heads of government agencies, the Chairman of the provincial people's Committee, the central cities in the jurisdiction and responsibilities implementation of this regulation.
The Minister of agriculture and food industry issued or coordinating with the authorities to enact the regulation details, guide, inspect, supervise the implementation of this regulation.
This regulation is effective from the date of signing. The previous provisions contrary to this regulation are repealed.