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No Ordinance Number: Protect And Quarantine

Original Language Title: Pháp lệnh Không số: Bảo vệ và kiểm dịch thực vật

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ORDINANCE on PLANT PROTECTION and QUARANTINE to enhance effective governance, improve the effectiveness of the work, except for pests of plant resources, contributing to the development of production, protect people's health and the ecological environment;
Pursuant to article 91 of the Constitution of the Socialist Republic of Vietnam;
This Ordinance regulates the work of protection and quarantine.
 
Chapter I GENERAL PROVISIONS article 1 the work of protection and quarantine rules in the Ordinance include measures and excluding harmful organisms, plant resources, plant quarantine and plant protection drugs management.
Article 2 Of this directive, the terms below are interpreted as follows: 1-plant resources include useful plants and plant products are useful.
2-Born pests include grasses, plants, pests, rats, birds and other biological causes harm plant resources.
3-plant quarantine objects is the kind of pests plant resources has to be deducted, not to spread.
4-the object in quarantine is the plants, plant products, means of production, storage, transport or other artifacts could carry quarantine objects.
5-the plant resources is the Organization, individuals have the right to own, use or directly manage plant resources.
6-Server object in quarantine is organization, personal ownership of, access to or directly manage objects in quarantine.
7-Smoking plant protection products is derived from chemicals, plants, animals, microorganisms used to, except for pests and plant resources.
8-seed includes nuts, bulbs, plants, parts of plants or other substances used as the seed.
Article 3 state management task to protect and quarantine; combine modern science with traditional experience, ensure the common interests of the entire society.
The State guarantee the implementation of the international treaties on the protection and quarantine of plants to which the Socialist Republic of Vietnam signed or joined.
Article 4 the State encourage organizations, individuals in the country, foreign investment in various forms in the room, except for pests of plant resources; production of medicinal plant protection business in Vietnam.
Article 5 State bodies, economic institutions, social organizations, people's armed units and all citizens must obey the law on the protection and quarantine.
Organizations, foreign business activity, use plant resources or have other activities related to the work of protection and quarantine on Vietnam territory shall be subject to the law on the protection and quarantine of Vietnam, except in the case of international treaties to which the Socialist Republic of Vietnam signed or have other regulations.
Article 6 the people's Council, the people's committees, other State agencies, the Vietnam Fatherland Front and the Member organizations in the scope of the mission, his powers have a responsibility to check, monitor the implementation of the provisions of the law on protection and quarantine.
Article 7 prohibits any acts harmful plant resources, the health of people and the ecological environment.
 
CHAPTER II, EXCEPT for the HARMFUL ORGANISM PLANT RESOURCES article 8 prevention except pests plant resources include: 1 to investigate, detect, estimated, forecasting, and notice of the time, the level of harm of harmful organisms;
2-decisions and directions precautions, except kill harmful organisms;
3-Guide to the application of scientific and technological advances into prevention, except kill pests.
Article 9 The rooms, except the pests plant resources have to be made regularly, every season, every year or many years in production, development and exploitation of plant resources.
Article 10 plant resource Owners have the following rights and obligations: 1-requires agencies to protect and quarantine the message about the situation in the harmful organism and preventive measures, except;
2-choose and apply the measures, except in accordance with their abilities and interests, unless the Agency protect and quarantine authorities decided other measures to protect plant resources of the region;
3-build and execute the plan, except the harmful organisms; detect and inform the Agency of protection and quarantine pests situation plant resources;
4-apply promptly the measures, except to prevent pests plant resources and not to spread malicious destruction plant resources of others.
Article 11 When there are signs of the harmful organism has the ability to grow into the room then the Agency protect and quarantine to expeditiously identify and guide the plant resources home made remedies, except in time.
1-When the harmful organisms develop fast speed, high density, wide ranging, risks causing serious damage to plant resources, the Agency protect and quarantine issued the report to the Chairman of the provincial people's Committee decided to publish epidemic in the local scope and Government reports. The case of the room in the range from two provinces over, Minister of agriculture and food industry decided to publish epidemic.
When a decision is announced, the President of the people's Committee of the levels where there is room to steer the industry, the level of coordination with other social organizations; mobilizing the people in the region have made immediately effective measures to stamp out the epidemic and prevent spread to other areas of translation. Based on the hazardous properties, the extent of spread of the epidemic, where people's Committee Chairman has reported direct superiors to adopt the necessary measures in order to quell the epidemic.
2-Host plant resources, organizations and individuals involved in where there is room to implement measures to stamp out the epidemic, remedial and prevent recurring outbreaks.
3-when ironing, the Agency would decide to publish epidemic, the Agency rescinded the decision to publish epidemic.
The condition formula, and announced the decision to annul the decision to publish epidemic due to government regulations.
Article 12 prohibits organizations and individuals apply plant protection measures endanger people, creatures and destroy the ecological environment; to the harmful organism spreading, destroying plant resources while also having the ability to apply the preventive measures; put the plant product containing plant protection drugs residues in excess of the limit allowed for circulation, use.
CHAPTER III article 13 QUARANTINE quarantine measures including testing objects in quarantine, the discovery and rapid conclusion, exactly the situation infected plant quarantine objects of the object; decided to appropriate disposal measures for infected objects object to quarantine; monitor, confirmed the implementation of the measures; popular, guide rules and quarantine measures; detection method of object recognition, plant quarantine, in order to avoid plant resources of Vietnam from being infected, the spread of the harmful organism types not previously appeared on a narrow area and prevent the types of pests from Vietnam reached offshore.
Article 14 in each period, the Minister of agriculture and food industry to identify and publish the catalog object to quarantine the need to prevent not to invade Vietnam or spread between regions in the country.

What kind of pests are not to reach out to foreign countries are identified in the text of the agreement, the agreement between Vietnam and countries, international organisations or international treaties to which Vietnam signed or joined.
Article 15 Server object in quarantine to monitor pests in his body. When discovered or suspected object Quarantine list already announced or exotic pests, the object owner must notify the Agency of protection and quarantine where.
Article 16 when it discovered the object in quarantine list was announced, then the Agency protect and quarantine must decide the measures to the enclosure, destroy that object and ask the object must implement immediately measures.
The event object quarantine spreading, the Agency protect and quarantine must with the authority competent to decide on publication room.
Jurisdiction, eligibility, format decided to publish epidemic, plague and annul the decision to publish epidemic are applied according to the provisions of article 11 of this Ordinance.
Article 17 the Organization, individuals when importing, exporting the object in quarantine must declare to the Agency of protection and quarantine authority of Vietnam at the border by road, rail, River, sea, air, postal mail and must be the Agency check certification, quarantine.
The quarantine regime for the importation, export the object is the same tree, declaring, temporarily free of plant quarantine in some cases by the Ministry of agriculture and food industry regulations.
Article 18 organizations, individual objects in the quarantine area when the exporter must declare before the Agency with protection and quarantine authority. Protection Agency and quarantine received the paper declared, customize the nature, quantity, type of goods, which decide and notify the owners know the locations, times, proceed to check out.
Protection Agency and quarantine of plant quarantine certificates only for objects in the quarantine area are eligible under the rules of the Ministry of agriculture and food industry. In case of detected objects in the quarantine area not standard, then the Agency protect and quarantine is not quarantine certification, simultaneously requires shippers make handling measures.
Article 19 organization, individual objects in the quarantine area when importing to declare to the Agency of protection and quarantine authority. Protection Agency and quarantine received the paper declared, according to the nature, quantity, type of goods, which decide and notify the owners know the locations, times, proceed to check out.
The room must be conducted immediately after the object in quarantine are taken to the location specified by the Agency protect and quarantine.
Protection Agency and quarantine of plant quarantine certificates only for objects in the quarantine area are eligible under the rules of the Ministry of agriculture and food industry. In case the object in quarantine do not qualify, you are not allowed to import and customize according to the extent to which return the shippers or dealt with according to the provisions of the law on the protection of Vietnam and plant quarantine.
Article 20 the object in quarantine when transiting the territory of Vietnam must be agreed by the Agency protect and quarantine authorities and to apply measures to prevent harmful organisms from which spread into Vietnam. In this case, the object owner must notify the Agency of protection and quarantine of Vietnam where the closest and must take measures to protect and plant quarantine under the provisions of the law of Vietnam.
Article 21 the event object in quarantine from abroad that were scattered, dispose, to Vietnam, then the server object or the discoverer must notify the Agency of protection and quarantine of Vietnam where the closest to handle.
Article 22 When the quarantine duty officer to wear colors, emblems, insignia, and quarantine staff card according to the regulations of the Ministry of agriculture and food industry.
Article 23 Server objects in the quarantine area to plant quarantine fees paid and expensed as stipulated by the Government.
Article 24 prohibits the bringing into Vietnam or spread between regions in the water plant quarantine objects in the directory have announced or other dangerous pests.
PLANT PROTECTION DRUGS CHAPTER IV article 25 state management of the production, export, import, storage, Stockpiling, and use of the plant protection drugs as prescribed by the law.
The State promotes the research, production, processing, use of the plant protection drugs are derived from plants, animals, microorganisms and other preventive measures, except for General pests.
Article 26 in each period, the Minister of agriculture and food industry to identify and publish the list of medicines and plant protection are allowed to use, limit the use, prohibition of use; regulating the drug assay plant protection list.
 
Article 27 organizations and individuals are eligible for protection and quarantine and other conditions prescribed by law, are competent State agencies for licensing the manufacture, export, import, circulation of medicines and plant protection.
Article 28 the production, Stockpiling, storage, circulation plant protection drugs must ensure the safety of people and the ecological environment.
The use of plant protection drugs to the right audience, categories, dosage, the concentration rules, right time, duration of use and the permitted range.
The destruction and active plant protection drugs highly toxic, can cause hazard for other useful creatures, people and polluting the environment must be protected organs and quarantine taking, monitoring and verification.
The case for active substances or plant protection drugs scattered, leakage, then the cause must promptly apply measures to handle. If causing serious consequences, they have to notify the Agency of protection and quarantine or the authorities know to handle and be responsible in accordance with the law.
Article 29 in Central, the State reserve funds on plant protection drugs;
At the provincial level, establish the local Reserve Fund on plant protection drugs;
The founding, management mode, use the reserve fund to plant protection drugs due to government regulations.
Article 30 prohibits the circulation and use of plant protection drugs in addition to the list are allowed to use; the production and trafficking of drugs; the circulation of expired drugs, drugs of unknown origin, smoking does have a trademark or not true qualities, with registered trademarks and licenses have been granted.
Chapter V the STATE ADMINISTRATION on WORK PROTECTION and QUARANTINE article 31 State management of content protection and quarantine include: 1-building and directing implementation planning, planning of plant protection, quarantine, plant protection drugs within the country and in each locality;
2-regulations and organization make the mode, rules on plant protection, plant quarantine, plant protection drugs;

3-track, detect, verify pests plant resources; steer stopping, harmful plague plant resources;
4-plant quarantine;
5-drug testing, auditing and plant protection;
6-Grant, revoke the certificate of practice on the protection of plant, plant protection drugs and disinfect objects in quarantine; license, certificates of quarantine;
7-check, inspection of the observance of the regime, terms of plant protection, quarantine, plant protection drugs and handle the breaking mode, rules that;
8-disputes, complaints, accusations in the field of plant protection, quarantine, plant protection drugs;
9-advocacy, dissemination of knowledge, the people understand and do the work of plant protection, quarantine, plant protection drugs; scientific research organization, training, professional training for the people who do the work of plant protection, quarantine, plant protection drugs;
10-international cooperation in the field of plant protection, quarantine, plant protection drugs.
Article 32 the Government of unified state management on work protection and quarantine of plants within the country.
The people's Committee of the level of implementation of State management functions of protection and quarantine of plants within its local planning, plan, mode, rules of the State.
The Ministry of agriculture and food industry in cooperation with the authorities to help the Government manage the State of protection and quarantine.
The system of organization, functions, duties and powers of the State administration on work protection and quarantine of the Ministry of agriculture and food industry due to government regulations.
Article 33 the State administration on work protection and plant quarantine conducted specialized inspection function in the field, except for pests of plant resources, plant quarantine, plant protection drugs.
The Organization, mandate, powers and activities of the specialized inspection on work protection and quarantine due to government regulations.
Article 34 organizations, individuals have the right to complain to the Ombudsman about the specialized agencies work to protect and quarantine or the State administration on work protection and quarantine superior about the conclusions and measures to handle when inspectors at its base.
The Organization, individuals have the right to complain, report with the State administration on work protection and quarantine those violating the law in the area of plant protection and quarantine.
The Agency received complaints, accusations have a responsibility to consider and resolve in accordance with the law.
 
CHAPTER VI REWARDS and TREATS breach of article 35 organizations, individual achievement in plant resources, protection against pests or have detected, stop the violations of the law on protection and quarantine shall be rewarded according the General mode of the State.
Article 36 any Person behaving do spread the disease harm plant resources; brought into Vietnam or spreading plant quarantine objects; applied plant protection measures endanger people, creatures, destroy the ecological environment; the production and trafficking of drugs; circulation, use plant protection drugs in addition to the list are allowed to use; the circulation poor quality drugs, drug use, drug expiration of unknown origin; fake license, the plant quarantine certificate, certificate of practice on the protection and quarantine and plant protection drugs or violated other provisions of the law on the protection of plant quarantine and then mild or severe depending on the extent to which administrative or sanctioned prejudice criminal liability under the law.
Article 37 any Person takes advantage of position, abuse of authority or powers in granting, revoking the license, certificate of quarantine, the certificate of practice on the protection and quarantine and plant protection drugs contrary to the provisions of the law; the lack of responsibility or abusing positions of authority in the enforcement of the law on protection and quarantine; cover the breach or violation of the provisions of the law on the protection of plant quarantine and then mild or severe depending on the extent to which being disciplined or prejudice criminal liability under the law.
38 The thing would be violations of the law on protection and quarantine of plants that cause damage to the State, the Organization, the individual shall in addition be dealt with according to the provisions of article 36 and article 37 of the Ordinance have to compensation under the provisions of the law.
CHAPTER VII FINAL PROVISIONS Article 39 The previous provisions contrary to this Ordinance are repealed.
This Ordinance has effect from the date of publication.
Government regulations detailing the implementation of this Ordinance.