The DECREE enacting the Charter protection of plant quarantine laws and regulations plant protection drugs management _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Base Protection Ordinance and the quarantine on July 25, 2001;

According to the recommendation of the Minister of agriculture and rural development.

DECREE: article 1. Attached to this Decree: 1. plant protection regulations;

2. plant quarantine regulations;

3. The Charter of drug management and plant protection.

Article 2. The Decree has effect after 15 days from the date of signing.

This Decree replaces Decree 92/CP dated 27 November 1993 the Government issued together with the Charter: plant protection, plant quarantine, plant protection drugs management. The previous provisions contrary to this Decree are repealed.

Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.

 

PLANT PROTECTION REGULATIONS (attached to Decree No. 58/2002/ND-CP dated 3 June 2002 of the Government) Chapter 1: GENERAL PROVISIONS article 1. This Charter regulations, except pests plant resources.

Article 2.

1. plant resources must be protected consists of plants and products of food plants, food crops, industrial crops, fruit trees, deciduous trees, forage crops, medicinal plants, plant flowers, plants and other useful plants.

2. The harmful organisms to plants resources in the room except include pests, diseases, weeds, weeds trees harmful harmful harmful mice, birds, harm, strange creatures harm and other harmful organisms (pests).

Article 3. The protection of the plant resource must adhere to the following guidelines: 1. Conduct regular, sync is the main preventive measures taken, detection, eradication are timely;

2. Combine immediate interests with long-term interests, between the interests of State, collective and individual interests with the interests of society as a whole;

3. Work the room, minus the harmful organisms must be effective, while ensuring safety for human health, crops, useful organisms, limiting environmental pollution and preserving the balance of the ecosystem;

4. Apply preventive measures except the General, which respected biological remedies and traditional experience of the people. Chemical plant protection drugs is used only when absolutely necessary and subject to the provisions of the plant protection agency.

Article 4.

1. The ministries, the people's Committee in the scope, duties and functions of their powers is responsible for organizing and directing the operation, except for pests and plant resources.

2. Economic organizations, political organizations, social-political organizations, social organizations, civil society organizations-business and every individual must strictly observance of regulations and legislation, except for pests and plant resources.

3. the Committee of the Vietnam Fatherland Front and the front's member organizations in the scope of the task, their powers are responsible for the propaganda, the people making and monitoring the implementation of the provisions of the legislation, except for pests and plant resources.

Chapter 2: the ROOM, MINUS the HARMFUL ORGANISMS, PLANT RESOURCES, article 5. The rooms, except the pests plant resources have to be made regularly, sync, timeliness in operations research, experimentation, production, extraction, processing, storage, trade, use, export, import, re-export, import export temp re enter, transit and other activities related to the plant resources.

The measures, except for pests plant resources must be popular, extensive training, propaganda among the people.

Article 6. The competent State bodies for protection and quarantine is responsible for the following: 1. Investigate, detect, estimated, forecasting and notification about possibility, time, land distribution, the degree of harm of harmful organisms;

2. Check pests plant resources and require owners of plant resources provides documentation and create all the necessary conditions for the screening process;

3. Proceed to guide these measures, except the harmful organisms of plant resources; established record of violations of regulations on the protection of plant and report to the authority;

4. the people's Committee proposed the same level or management, production, business, human resources mobilization force caters to the work, except for pests of plant resources;

5. To conduct surveys, experimental, guides the application of plant protection technology on production.

Article 7. Host plant resources have the following responsibilities: 1. Proactively verify, monitor, detect and grasp the happenings of pests plant resources in his field and in stock;

2. adopt the measures, except for pests such as: handle the same, sanitation fields, soil, cultivation of varieties resistant to pests, fertilizing, water irrigation and cultivation time service;


3. When the harmful organism arise to warrant excluding the plant resource owners are obliged to apply any physical measures, craft, biology and plant protection drugs under the guidance of the competent State bodies for protection and quarantine of plants, of the organization or individual operating plant protection service;

4. When pests are likely to cause serious harm to plant resources must then notify the competent State bodies for protection and quarantine or the organization or individual operating the service nearest plant protection;

5. Requests the competent State bodies for protection and quarantine of plants and institutions, active individual plant protection services reported the situation in the region and harmful creatures tutorial implementing preventive measures, except.

Article 8. The performance information and reporting regime in the bodies of State authority on plant quarantine and protection are specified as follows: 1. the competent State bodies for protection and quarantine issued under must report plans to plant protection , the situation of pests plant resources and results, except for plant pests periodically, extraordinarily, every service, every year according to the provisions of the plant protection sector with direct management and plant protection agency specialized in the upper level;

2. the competent State bodies for protection and quarantine the superior is responsible for the information and guidance measures, except for pests of plant resources for plant protection agency and subordinate organizations, individuals active plant protection service.

Article 9. The conditions of publication translation: 1. On the scope, the central cities: If pests plant resource development on an extensive and serious harm risk on 60% of the cultivated area is infected and over 30% of the cultivated area of heavy infection according to the regulations of the Ministry of agriculture and rural development, the provincial plant protection agency , central cities have the responsibility to check, verify, concluded.

2. on the national scope: If pests plant fast-growing resource on the range from 2 provinces, central cities and over and serious harm risk on 30% of the cultivated area of the territory or country contaminated and over 15% of the cultivated area of the territories or countries badly infected by the regulations of the Ministry of agriculture and Rural development, the plant protection Department is responsible for checking, verifying and the conclusion.

Article 10. The Authority decided to publish epidemic, abolish announced: 1. If pests plant resources on the range, central cities eligible to publish epidemic according to the provisions in clause 1 article 9 of the Charter, the Chairman of the provincial people's Committee, the central cities decided to publish epidemic and report to the Minister of agriculture and rural development;

2. If pests plant resources on the range of countries eligible to publish epidemic as defined in paragraph 2 of article 9 of this regulation, the Minister of agriculture and rural development decided to publish epidemic and report the Prime Minister;

3. After the time of publication if the harmful organism is no longer likely to cause serious damage, they must announce the decision runs out of room; competent person has the decision to publish epidemic then annul the decision announced.

When announced, plant protection agency responsible for tracking levels, recommending measures to quell the epidemic not to spread and there is plans to relapse prevention.

Article 11. The responsibility of State bodies, institutions and individuals, when a decision is announced: 1. Minister of agriculture and rural development guidelines, directed the local room quickly, preventing the plague spread to other areas of translation;

2. The President of the people's Committee of the levels where there is room to organize directed the authorities to coordinate with social organizations, to mobilize 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 necessary measures to stamp out the epidemic, remedial and intended to avoid recurrent outbreaks;

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, the central city in the same time the Prime Minister reported the Ministry of agriculture and rural development to the Prime Minister decided to adopt the necessary measures to put down;

4. Host plant resources, organizations and individuals involved in where there is room to implement measures to extinguish the room according to the instructions of the competent authority.

Article 12. The State encourages organizations and individuals are eligible for the provisions of article 13 of the Charter be active plant protection service with the following content: 1. Investigation, estimated, forecasting pests situation plant resources;

2. Guide the plant resources home remedies, except for pests of plant resources;

3. Materials and plant protection;


4. implementation of the measures, except for pests and plant resources.

Article 13. Direct plant protection service must have the following conditions: 1. Qualified expertise on plant protection (certificate or diploma);

2. the health certificate by the medical authority district level upwards according to the regulations;

3. There are legitimate trading address, obviously.

For the business services operations plant protection materials have to comply with the regulation on plant protection drugs trafficking are specified in the Charter to manage plant protection drugs attached to this Decree.

Article 14. The Organization, the individual plant protection service is responsible for the following: 1. Be contracted do plant protection services with plant resources in accordance with the provisions of the law on economic contracts;

2. To implement fully the provisions of the Ordinance on plant protection and quarantine and the provisions of this Decree.

Article 15. Prohibited acts: 1. Use plant protection measures likely to endanger people, helpful creatures such as: drug use in plant protection prohibits the use of plant protection drugs, in addition to the list are allowed to use, use plant protection drugs not properly guide;

2. Put the product has drug processing plant protection quarantine period cannot be guaranteed for each drug and exceeds the maximum permitted residue on agricultural products into trafficking, use;

3. Import, export, manufacture, transport, transit, possession, trafficking, use of heavy pest-infected plants or plant quarantine objects in the object list quarantine of Vietnam.

 

PLANT QUARANTINE RULES (attached to Decree No. 58/2002/ND-CP dated 3 June 2002 of the Government) Chapter 1: GENERAL PROVISIONS article 1. This Charter provisions on the work of plant quarantine import, export, transit, and handle the objects in quarantine by steam sterilization measures.

Article 2. In this conditions the terms below are interpreted as follows: 1. plant quarantine objects is the type of harmful organism has the potential to cause serious harm plant resources in a region in which kinds of organisms have not appeared or appears to have a narrow distribution;

2. Objects in quarantine is the plants, plant products, means of production, storage, transport or others could carry quarantine objects;

3. plant disease status is the level of contaminated properties, pests of the object;

4. Check the body include investigating, observing, monitoring, sampling, analysis, assessment, research to determine the status of infection;

5. Handle the object includes the recycling, filtering, removal, cleaning, disinfecting, pay on place of origin or destroyed object;

6. Sterilize the pests destroy objects in the quarantine area;

7. The outbreak is where one or more of the harmful organisms in the object directory of quarantine has been announced;

8. The room is the area containing the outbreak infections;

9. The batch object is a certain number of objects have the same elements and the conditions of the possibility of disease;

10. plant quarantine location where test objects in quarantine before move that object.

Article 3. The object in quarantine (in this Regulation referred to as objects) includes: 1. Plants, plant products;

2. The means of production, storage, transport, land, treasure or others could carry quarantine objects.

Article 4. Responsibility and authority the Agency's quarantine and server objects are specified as follows: 1. The owners object to perform the track, except for pests, handle the infected object, the object is not eligible for import, export or transport out of the room according to the rules of quarantine.

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 processing.

The case at the same time to handle the translation of many of the infected object owner objects, but the server object does not deal with each other about the handling of the plant quarantine agency decisions and server objects must implement.

The object owner must bear all costs for the disposal of bodies. The case has no physical home, media owners, who control the means of transportation, the preservation of the object must implement the regulation on quarantine for the media and objects that transport, storage as well as media bear all costs for the disposal of bodies.

2. the competent State bodies for protection and quarantine (in this Regulation referred to as plant quarantine authorities) are responsible for guiding, monitoring, certification of the performance measures to track, except for and handle the object.

Article 5. The steam sterilization of the export, import, transit, inland; infected object object quarantine due to the Organization, individuals are eligible under the provisions of article 30 of the Statute.

Article 6. Plant quarantine procedures:


1. Server object or the object owner is authorized to make: a) reported at least 24 hours in advance with the nearest quarantine;

For hand luggage, the luggage sent by means of transport is the object in the quarantine area must be declared on entry and exit declarations and quarantine agencies to check on the spot;

For those objects in the quarantine is an export, import or bundled with goods exported, other imports (excluding hand luggage, the luggage sent by means of passenger transport, entry) when the owner of the goods to customs filing procedures have to be registrations of quarantine quarantine agency.

b) create conditions conducive to plant quarantine officers check, sampling the object like: open, closed means of transport, containers, package, provide manpower for the sampling;

c) Filed charges under the quarantine regulations.

2. plant quarantine agency must examine, investigate, respond immediately to results within 24 hours after declaring the object owner. In the case must extend beyond 24 hours, plant quarantine agency must notify the object owner know.

Article 7. In each period, the Minister of agriculture and rural development identify and publish: 1. list of quarantine object of Vietnam;

2. list of objects in the quarantine area of Vietnam.

Article 8. Physical examination procedures and the establishment of quarantine must be applied for within the country, according to the regulations of the Ministry of agriculture and rural development.

Article 9. Plant quarantine officers when on duty: 1. To wear colors, emblems, insignia, the plant quarantine;

2. Be in the places where the object in quarantine;

3. for those where secrecy about security in defense and other special circumstances must be competent to manage the facilities which facilitate and guide the task to ensure both the security requirements and quarantine.

Article 10. The coordination among the agencies in the work of quarantine shall be as follows: 1. the customs authority has the responsibility associated with plant quarantine agency in checking, monitoring for the object. Just complete the customs procedures for the quarantine objects after you have done a full quarantine procedure. Content quarantine Declaration be made in immigration Declaration;

The object to which the plant quarantine agency forced back, forced to destroy or after the quarantine, the conclusion was allowed to export, import, the plant quarantine agency must notify the Customs gate where there are objects that know, and import/export quarantine agencies to actively coordinate with the Customs and other related agencies solve, handle the related matters when the plant quarantine agency has required;

2. The relevant State agencies (customs, Harbour, post office, police, border guard, market management, ...) within the scope of his duties, function is responsible for coordination with quarantine agencies in checking, preventing, arresting offending objects quarantine regulations.

Chapter 2: PLANT QUARANTINE IMPORT of article 11. Objects imported into Vietnam must have the following conditions: 1. plant quarantine certificate by the competent State bodies for protection and quarantine of exported water level;

2. No plant quarantine objects and no harmful creatures, if yes then processed;

The Minister of agriculture and rural development regulation on quarantine standards for imported objects.

Article 12. Plant quarantine procedures for imported: 1. When importing objects into the first gate, the owner of the object must report to the quarantine authority nearest Vietnam. Plant quarantine agency conducting the procedure at the first gate. In special cases the procedure of plant quarantine conducted at other locations have the quarantine conditions;

2. The declarations, processing, inspection, certificate of import quarantine for imported objects is performed according to article 6, article 8 of the Charter;

3. When the waterway transport transport the objects in quarantine to buoy the number "0", media owners must declare and plant quarantine agency in Vietnam to check, if there is no object to quarantine, then that media be allowed to enter the port, if there is quarantine objects to handle thoroughly;

The inspection of imported objects carried on waterway transport is conducted in the quarantine location in the port of Vietnam;

4. interim bodies enter a temporary export, re-export re-entering when importing to plant quarantine procedures for imported objects.

Article 13 1. Individual organization when importing seedlings and helpful creatures must be eligible under the provisions of article 11 of the Charter.


a) for seedlings are allowed to import only to be transported to and cultivated in the location registered in the entry gate. As to location on must declare to the competent State agencies on protection and quarantine to continue tracking, control pests;

b) for new crop varieties, the first import only cultivated at the location specified by the Agency to monitor the plant quarantine pests. Only after the Agency concluded not to bring the plant quarantine objects of Vietnam have been taken out of production; time tracking for each group of plants made according to the regulations of the Ministry of agriculture and rural development;

c) for useful organisms, when required to import server objects must provide the relevant documents for quarantine agencies to the Ministry of agriculture and rural development, review the decision.

2. The quarantine for plants, creatures are useful to follow a technical process led by the Ministry of agriculture and rural development regulations.

3. organizations and individuals when imported objects have the ability to do the same as well to make the provisions as importing the same tree.

Article 14. Responsible for the Agency's quarantine, the owner of the object in the transportation, storage, use objects are specified as follows: 1. plant quarantine agency has the right to monitor the quarantine for the import object since that body was brought into the territory of Vietnam;

2. Server object must have a certificate of quarantine of plant quarantine agency of Vietnam and the full implementation of the measures specified in that certificate during transport, storage, use the object.

Article 15. Plant quarantine agency be allowed to coordinate with quarantine inspection, the exporter of processing imported material in the country of export.

Article 16. Strictly prohibited taken quarantine objects, harmful exotic creatures alive at any stage of growth in Vietnam, in case the need to put in to research must be licensed by the Minister of agriculture and rural development.

Article 17 1. The disposal in the case of infected objects detected quarantine objects shall be as follows: a) If the object is infected plant quarantine objects not yet available on the territory of Vietnam that belongs in the category object quarantine of Vietnam are not allowed to import and pay on place of origin or destroyed. The case can handle thoroughly by other measures, the application of measures;

b) If the object is infected plant quarantine objects have a narrow distribution on the territory of Vietnam that belongs to the category of objects of the Vietnam plant quarantine pests or other strange before putting into the hinterland to implement measures for handling thorough plant quarantine agency decisions. The handling of the case could not be done in Vietnam, the condition can return the place of origin or destroyed.

2. The processing of the object from abroad due to drift, scattered, dispose, to Vietnam in the authority of the quarantine agency coordination with local authorities and relevant agencies.

Chapter 3: QUARANTINE for EXPORT to article 18. Plant quarantine agency only performs quarantine for export objects in case: 1. Purchase contract request, the international treaties to which Vietnam signed or participated have prescribed;

2. The owner of the plant quarantine requirements.

Article 19. Plant quarantine procedures for export include: 1. When exporting objects to final or gate to the place from which the export objects abroad, the owner of the object must be upfront with the nearest quarantine;

2. plant quarantine agency conducted quarantine procedures and have the power of decision or accepting the request of host objects 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 the certification plant quarantine;

3. The declarations, processing, inspection, certification of quarantine for export can be done according to the provisions of article 6, article 8 of the Charter.

Article 20. Responsible for the Agency's 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 export from the object when the object was checked, check certification, quarantine until shipped out of Vietnam territory;

2. export the object Server must have a certificate of quarantine under the provisions of article 18 of the Charter while transporting the object from the quarantine location for export abroad and to implement fully the measures specified in that certificate.

Chapter 4: QUARANTINE TRANSIT


Article 21. The object when in transit or storage warehouse on the territory of Vietnam must inform the plant quarantine agency and Vietnam must be plant quarantine agency Vietnam agree; at the same time must be packaged according to the goods properly in order to not to spread harmful organisms during transport and storing.

Article 22. Plant quarantine procedures in transit include the following: 1. When the transit object to the first gate of Vietnam, the owner of the object must declare to the nearest quarantine and quarantine certificate of the country of origin;

2. plant quarantine agency in Vietnam have the right to monitor the object, check the transport and outside bodies.

Article 23. When Vietnam transit object, if the object of the Vietnam plant quarantine or not properly packaged goods then the server object to apply methods of processing or repackaging as prescribed.

Object owners assume all costs for the processing or packaging.

Chapter 5: DOMESTIC QUARANTINE article 24. The content of the work to local quarantine: 1. Manage the situation born pests subject to quarantine of Vietnam and helpful creature;

2. To manage and implement measures to handle when outbreak detection.

Article 25. The responsibility of the competent State bodies for protection and quarantine of plants: 1. Regularly investigate, track, monitoring the situation of pests on seed type and plant products stored in the warehouse;

2. When the same tree, useful organisms enter the local cultivation, use, the competent State bodies for protection and quarantine of plants local to make: a) check the professional papers of quarantine organisms, plants are useful;

b) tracking, monitoring where the cultivation, use;

c) if the object does not implement the procedure of import quarantine stipulated in article 12 of this regulation, the competent State bodies for protection and quarantine of locally made the measures prescribed by law;

3. Define the boundaries of the room, location, domestic quarantine when transporting a body out of the room, made the inspection, quarantine certificates for domestic shipping plant, supervised the transportation of the body out of the room;

4. Check the plant quarantine certificates and tracking, batch monitoring body was taken from the room to the locality;

5. Decide on measures to handle the infected object object plant quarantine; Guide home monitoring of implementation measures;

6. Where there are several outbreak, signs the outbreak spread into the room, the competent State bodies for protection and quarantine must immediately report to the authorities the right to publish epidemic as defined in article 11 Ordinances protect and quarantine.

Article 26. The responsibility of the body: 1. Server object must regularly monitor the situation of pests plant resources or management directly by themselves.

In places that are usually the focus of the import, transit or taken from the room to the above track is required and the instructions of the competent State bodies for protection and quarantine;

2. When discovered or suspected object Quarantine list already announced or pests, the strange object owner or person discovered to apply the necessary measures to eradicate and prevent the spread, at the same time notify the competent State bodies for protection and quarantine or the local authorities nearest;

3. Perform physical handling measures by the competent State bodies for protection and quarantine decisions;

4. Create all conditions to the competent State agencies on protection and quarantine of plants continue to track, test object has to be processed in the process of cultivation, use, preserve;

5. Bear all costs when applying measures to handle; the certification inspection quarantine of domestic transportation under the provisions of the law.

Article 27. The report, examining, processing, certification of quarantine domestic shipping be made according to the provisions of article 6 and article 8 of the Charter.

Article 28. Prohibiting the move the quarantine objects alive to areas not yet have room. In the case of moving the research aims to be the Minister of agriculture and rural development.

Chapter 6: PHYSICAL PROCESSING by STEAM STERILIZATION MEASURES Article 29. Sterilization steam sterilization is the sauna chemicals.

Article 30. Organizations, individuals, steam sterilization activities must have the following conditions: 1. The certificate of practice a steam sterilization;

2. Staff, technical workers to meet the requirements of a steam sterilization;

3. technical processes, means, equipment for steam sterilization operations, ensuring safety for humans, animals, the environment, prevention of fire and explosion;

4. work place, inventory contains equipment, proper chemical standards are the competent authorities agree.

Article 31. Conditions of certificate of practice a steam sterilization: 1. for people directly managing, operating, steam sterilization operations must have:


a) qualification of the chemical plant protection or from the University;

b) for at least 3 years working experience in this field;

c) health certificate by the medical authority district level and above the prescribed level.

2. for direct steam sterilization: a) must pass a training class about a steam sterilization Plant Protection Department, checking the workmanship, qualified;

b) has a health certificate by the medical authority district level and above the prescribed level.

Article 32. Certificate authority, steam sterilization practice regulations are as follows: 1. the Quarantine Bureau in the Department of plant protection practice certificate, a steam sterilization for disinfection operations organization objects preserved in the water;

2. Plant Protection Bureau certificate of practice, a steam sterilization for disinfection operations organization objects to export, import, transit, object infected plant quarantine objects;

3. The evaluation and certification of practice slowly for 15 days from the date of the valid profile, if not level it must clearly inform the reason in writing to grant applicants know.

Article 33. Powers, duties of the organization operating the sterilization when practising certificate steam sterilization: 1. individual organizations operate a steam sterilization is a steam sterilization operations right since there is enough of the conditions specified in article 30 of the Charter and commit to implement strictly the conditions during operation;

2. Granted, steam sterilization certificates for objects in the quarantine area;

3. When done, steam sterilization methods for physical plant quarantine objects infection must be quarantine agencies specify make and subject to the supervision of quarantine authorities;

4. organizations and individuals who operate the sterilization procedure sauna practice certificate of sterilization or to pay fees and charges prescribed by the law.

 

CHARTER MANAGEMENT PLANT PROTECTION DRUGS (attached to Decree No. 58/2002/ND-CP dated 3 June 2002 of the Government) Chapter 1: GENERAL PROVISIONS article 1.

1. this regulation regulates the production, processing, to the bottle, package, import, export, storage, transport, Stockpiling, trade, use, inspection, registration, assay and the destruction of plant protection drugs in Vietnam.

2. plant protection drugs include: a) to preparations in the room except for pests of plant resources;

b) preparations have regulate plant growth;

c) effects products repel or attract the kinds of pests plant resources come to destroy.

Article 2. In this conditions the terms below are interpreted as follows: 1. the plant protection drugs are products derived from chemicals, plants, animals, micro-organisms and other products used to, except for pests of plant resources;

2. Active substances or substances of effective plant protection drugs include substances in the finished product, the drug has the effect of eliminating or restricting growth, development of the pests and plant resources; the substance acts regulate plant growth; the efforts are causing substances, substances that attract or repel pests plant resources;

3. technical preparations are Medications have a high content of active substances to be used for processing into finished products drugs;

4. plant protection materials including smoking techniques and the solvents used additives to the drug product manufacturing;

5. 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;

6. Form of the drug's physical status with the claim about the nature and psychology of smoking specific finished products, expressed in different forms;

7. 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;

8. is the amount of the active ingredient residues of medicines and plant protection, derivatives and the metabolic products of plant protection drugs to toxic goods and agricultural products in the environment after use of the plant protection drugs;

9. the maximum permitted residue Levels is the maximum a plant protection drugs approved allowing existing in agricultural products, food or feed that is not harmful for people and pets. The maximum permitted residue levels are shown in milligram plant protection drugs in a kilogram of agricultural goods;

10. drug production and plant protection is the general process, active or medicinal processing techniques;

11. drug processing plant protection is the process of mixture medicine techniques with the solvents, additives according to the formula and certain processes to create smoking finished products in different forms according to the purpose of use;

12. Trade is the buying and selling activities include wholesale, retail and trade goods to take plant protection drugs on the Vietnam market.


Article 3. Organizations and individuals in the country and abroad have active production, export, import, storage, transportation, Stockpiling, trade and use of plant protection drugs in Vietnam are subject to the law on plant protection drugs management of Vietnam and the international treaties to which Vietnam signed or joined.

Article 4. Every year, the Minister of agriculture and rural development, publicize drug plant protection is allowed to use plant protection drugs, restricted use and smoking plant protection prohibits the use on the territory of Vietnam.

When it deems necessary, the Minister of agriculture and rural development decided the use restrictions or prohibition of use of the plant protection drugs already in use in Vietnam. The duration of effect of this decision made by the Ministry of agriculture and rural development regulations for each type of drug.

Article 5. Prohibited acts: 1. Manufacture, machining, to bottles, packaging, importing, storing, transporting, trafficking and use of drugs and plant protection in the category prohibited use; plant protection drugs; plant protection drugs of unknown origin; plant protection drugs labeled do not match the rules on goods labels or infringe on trademarks are protected; plant protection drugs in addition to limited categories of use, are allowed to use in Vietnam, except for the import to assay or for use in foreign investment projects as defined in paragraph 3 article 31 Ordinances protect and quarantine;

2. Importing, trafficking, use of medicines and plant protection expires;

3. plant protection drugs advertising is not in the list of medicines and plant protection are allowed to use plant protection drugs, restricted use and smoking plant protection prohibits the use on the territory of Vietnam.

Chapter 2: manufacturing, machining, to the BOTTLE, packing PLANT PROTECTION DRUGS article 6. Production, processing, to the bottle, packing plant protection drugs include: 1. The production of active substances, smoking techniques;

2. the processing or technical active substances into the drug product in different formats to use;

3. To bottle, packing plant protection drugs from volume, large capacity into mass, small capacity.

Article 7. The Organization, individual manufacturing, machining, to the bottle, packing plant protection drugs must have the following conditions: 1. The direct manufacture, machining, to the bottle, packing plant protection drugs must have the certificate of practice;

2. workflow manufacture, machining, to bottles, packaged according to the regulation, ensuring the quality of medicines and plant protection;

3. Place the competent bodies are allowed;

4. Have the equipment guarantees hygiene and labor, health safety for people, pets, environment, fire prevention, blast;

5. waste disposal system prescribed by the competent authority on the environment;

6. Have the facility to check the quality of a product or subscribe to a quality control agency to check the quality of drugs before.

Article 8. Certificate of practice conditions for the people to directly manufacture, machining, to the bottle, packing plant protection drugs: 1. Qualified expertise on chemistry, plant protection or from the University;

2. the health certificate by the medical authority district level and above the prescribed level.

The Ministry of agriculture and rural development regulation the procedure of certification of practice.

Article 9. The registration of manufacturing, machining, to the bottle, packing plant protection drugs is done according to the rules as follows: the competent State agencies provided only about business registration, processing production activity, to the bottle, packing plant protection drugs when people directly managing, operating activities have the certificate of practice by the State Agency for protection of food the local animals.

The Organization, the individual is entitled to operate the production, processing, to the bottle, packing plant protection drugs since there is enough of the conditions specified in article 7 of this Charter and commit to implement strictly the conditions during operation.

Organizations, foreign individuals active in the field of manufacturing, machining, to the bottle, packing plant protection drugs must have the written opinions of the Ministry of agriculture and rural development.

Article 10. The Organization, individuals are produced, to the bottle, packaging of plant protection drugs: 1. a drug formulary are allowed to use, limited use in Vietnam by the Minister of agriculture and rural development announced;

2. plant protection drugs in contracts signed with foreign traders to re-export; to use or try to use in foreign investment projects in Vietnam.

Article 11. The Organization, individual manufacturing, machining, to the bottle, packing plant protection drugs are responsible for: 1. the production situation reporting, processing, to the bottle, packaging quarterly, annually according to the current rules of the State with the competent State bodies for protection and quarantine;

2. When not to continue producing, processing, to the bottle, packing plant protection drugs must report in writing to the competent State agencies granted business registration and the competent State bodies for protection and quarantine;


3. certificate applicants practice in manufacturing, processing, to the bottle, packing plant protection drugs must pay the fee prescribed by the State.

Chapter 3: EXPORT, import of MEDICINES and RAW MATERIALS for DRUG-MAKING PLANT PROTECTION article 12. Drug imports of finished products and raw materials to the production, processing, to the bottle, packing plant protection drugs: 1. Organization, the individual is importing the drug products, raw materials for drug use or limited use in Vietnam to manufacture, machining, to bottles, packaged according to the provisions of this Decree;

2. organizations and individuals to import drugs into products, plant protection materials in addition to the list are allowed to work, Pack in Vietnam aimed at rebirth according to the contract signed with foreign countries to have import license of the Ministry of agriculture and rural development, and subjected to checking the origin of the competent State agencies;

3. organizations and individuals to import drugs and plant protection is not yet in the list are allowed to use to assay, to be used in foreign invested projects in Vietnam that are allowed to use drugs or to import plant protection drugs in the category of limited use to import license of the Ministry of agriculture and rural development.

The Ministry of agriculture and rural development, regulations and conditions of import licensing procedures for plant protection drugs.

Article 13. Organizations, individual business registration was allowed to export medicines, materials and plant protection according to the regulations on export-import operations of the State.

Chapter 4: TRANSPORT, preservation, PLANT PROTECTION DRUGS TRAFFICKING in the COUNTRY article 14. The transport of plant protection drugs must in accordance with the technical requirements of each drug and to ensure security for the people, protect the environment and ecosystems.

Article 15. Plant protection drugs must be stored in the repository. The drug store is the right technical requirements to ensure drug quality, safety for the people, protect the environment and ecosystems.

Article 16. The Organization, the individual plant protection drugs trafficking must have the following conditions: 1. To have professional plant protection drugs trafficking;

2. There are shops selling drugs and drug warehouses regulations;

3. Have the equipment necessary for the safety, sanitation, fire prevention, blast under the provisions of the law.

Article 17. Certificate of practice conditions for the plant protection drugs trafficking: 1. degree in agriculture, forestry or intermediate certificate for attending professional classes about smoking by plant protection plant protection;

2. the health certificate by the medical authority district level and above the prescribed level.

The Ministry of agriculture and rural development regulation procedure for certification to practice protecting the drug trade.

Article 18. Competent State agencies provided only for business registration with active plant protection drugs trafficking when traders are practising certificate by the provincial plant protection Bureau, central cities.

The Organization, individuals are plant protection drugs trafficking since there is enough of the conditions specified in article 16 of the Charter and commit to implement the condition that throughout the process of drug trafficking operations and plant protection.

Article 19. The scope of plant protection drugs trafficking: 1. Be trafficking the drug product has drug use, limited use in Vietnam;

2. no plant protection drugs trafficking in a store with food, drink, food, medical and other supplies and other consumer goods except fertilizers.

Article 20. The transportation, storage, trade, and plant protection medicine advertising must comply with the following: 1. storing, transporting, trafficking and drug plant protection materials are labeled and branded as prescribed by law;

2. the advertised drugs that drug use in Vietnam. The advertising content must be true features, such as the effects of the drug are registered with the Ministry of agriculture and rural development and in accordance with current rules of advertising information.

Chapter 5: USING PLANT PROTECTION DRUGS article 21. The Organization, individuals are allowed to use plant protection drugs has allowed drug use and limit use to the room except pests plant resources under the guidance of professional officers or are in the correct directions in drug labels; using the right drug, right dose, the right audience, in the right concentration, the right time, the right method and the permitted range, the right time in quarantine; ensuring safety for people, crops, livestock, food safety and the environment.

Article 22.

1. The destruction of drugs and drug packaging plant protection must ensure safety for people, the environment and the ecosystem.

2. The destruction of drugs and drug packaging plant protection must be implemented according to the technical procedure by the Ministry of science, technology and the environment.

3. State bodies the authority regarding the protection and quarantine, the competent authority in the provincial people's Committee, the central cities where smoking destroys responsible in cooperation with the relevant authorities organized and supervised the destruction.


4. The destruction of drugs and drug packaging were packaging plant protection must ensure the maximum permitted residue levels in soil, water, air do not exceed the prescribed level of Vietnam, in case the level of Vietnam's regulations do not exceed the levels specified by the World Health Organization (WHO). The destruction of the drugs, drug packaging plant protection is made under the provisions of the law on the management of hazardous waste.

5. The destruction must be fully equipped independent rooms and means of labor protection.

6. organizations and individuals who have outstanding drug organization responsible destruction. Drug users are responsible for collecting the packaging plant protection drugs and requires the Agency to protect and quarantine organization local destruction according to the regulations.

7. Body protection and quarantine, the central cities host the destruction, in cooperation with the environmental protection agency and other agencies in the monitoring of local destruction.

8. All the costs of the destruction caused by the destruction of animal owners are responsible to pay.

9. In the case of drugs and drug packaging plant protection subject to destruction without identifying the owner, the provincial people's COMMITTEE, the city of centrally directed related departments made the destruction of rules and the local budget to accomplish the destruction.

Chapter 6: registration, testing, PLANT PROTECTION DRUGS ASSAY Article 23. Individual organizations in or outside of the production of active substances or plant protection materials are registered or authoritative name standing for an organization, the other individual was registered name using its products in Vietnam.

Article 24. Plant protection drugs must register for use in Vietnam: 1. Smoking does not yet have the active ingredient in the plant protection drugs use in Vietnam;

2. Smoking in the plant protection drugs categories are allowed to use the brand name, but changed the scope of use, smoking, active content or mixed together into new drugs.

Article 25. Plant protection drugs native plants, animals, micro-organisms and biological products less harmful as classified by the World Health Organization (WHO) or other international organizations, the priority registration procedures according to the regulations of the Ministry of agriculture and rural development.

Article 26. The Ministry of agriculture and rural development rules: 1. The conditions and procedure for licensing plant protection drugs assay new;

2. The conditions and procedure of registration, certification of registered plant protection drugs in Vietnam;

3. Quality control of drug residues, plant protection and plant protection drugs assay are new procedures registered in Vietnam.

Article 27. Auditing organs, plant protection drugs assay of Ministry of agriculture and rural development to conduct quality control of raw materials and medicinal products and plant protection export and import; plant protection drugs products at the warehouse, manufacturing, machining, to bottles, packaging, sales and use; drug residue control for plant protection in agriculture, forest products, food, agricultural environment; manage, organize, execute and perform the assay the new plant protection drugs. The Agency has the right to inspect, take samples for quality control and plant protection drugs residue periodically or irregularly or at the request of shippers. Audit results and assay of this agency 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 28. The Organization, the individual licensed plant protection drugs assay, a new certificate of registration of plant protection drugs must pay the fee prescribed by the law.

Organizations, domestic and foreign individuals must comply with the regulations regarding the inspection, sampling and must pay the fee prescribed by the State for the assay, control medicines and plant protection.

Chapter 7: MANAGEMENT MODE, USE the RESERVE PLANT PROTECTION DRUGS Article 29. The stockpile of medicines and plant protection, management mode, use the national reserve of plant protection drugs in Central is provided as follows: 1. Ministry of planning and investment to host, in cooperation with the Ministry of agriculture and rural development and the Ministry of finance planning annual national reserve of plant protection drugs and the Prime Minister for approval;

2. The Ministry of agriculture and rural development national reserve management medicine and plant protection;

3. 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 rural development, the Prime Minister allowed the use of the national reserves. The amount and method of production of national reserves of medicines by plant protection Prime deciding for each specific case.


Article 30. The establishment of the local reserve about plant protection drugs, management mode, the method of use of reserve medicines and plant protection at the provincial level, city level by the provincial people's Committee, the city of centrally regulated under the guidance of the Ministry of agriculture and rural development and the Ministry of finance.