Decree on plant quarantine _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Base Protection Ordinance and the quarantine on 08 August 2001;
Considering the recommendation of the Minister of agriculture and rural development.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree regulates the work of plant quarantine import, export, transfer, export, re-export, import export temp re enter, transit, plant quarantine and handle objects in quarantine.
Article 2. The object of this Decree apply apply to all organizations, individuals, and organizations, foreign individuals have activities related to plant quarantine on the territory of Vietnam. The case of the international treaties to which Vietnam signed or otherwise shall apply under international treaties.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the harmful organism is any species, strain or biodiversity of plant, animal or micro-organism harmful to plants or plant products, including: insects, fungus diseases, insects, bacteria, viruses , phytophasma, weeds, mice and other organisms harmful plant resources (hereinafter referred to as pest).
2. plant quarantine objects (also called plant quarantine pests) pest species is in danger of serious harm plant resources in a region in which this species has not appeared or appears to have a narrow distribution and must be controlled.
3. adjust the pests but not plant quarantine pest pest species is that the presence of plants used for cultivation will cause the economic impact is not acceptable and must be controlled in the territory of the importing country.
4. adjust pests include plant quarantine pest and pest in an adjusted but not plant quarantine pest.
5. harmful organisms (also called exotic pests) are the pest has not been determined on the basis of science and yet ever discovered in the country.
6. useful organisms including viruses, bacteria, insects, fungi, insects, animals and other organisms that have the effect of limiting the harmful effects of the pest for plant resources.
7. Objects in quarantine (hereinafter referred to as objects), including plants, plant products, means of production, storage, transport or others could carry pests adjusted.
8. plant pest infection status is the level of contaminated properties, pests of the object.
9. Check the body is investigating, observing, monitoring, sampling, analysis, assessment, research to identify the pest infection status.
10. The sterilization is the destruction of pests of a radical way.
11. sterilization steam sterilization is the sauna chemicals.
12. The outbreak is where one or more species of pest list quarantine pest plant has been announced or category pests adjusted but not plant quarantine pest.
13. The room is the space range outbreak infected quarantine agencies have authority to determine.
14. The batch object is a certain number of objects have the same elements and the conditions of the possibility of disease.
15. quarantine location is the place to check the object before the object that moves.
16. pest risk analysis is the process of evaluating biological or scientific evidence, economics to determine the species of pests should be adjusted and strengthened quarantine measures against it.
17. The pest infection is not the region in which are justified by the scientific evidence about the appearance of a particular pest species and the conditions will be maintained in a formal way.
18. the Computer equivalent of quarantine measures is the condition imposed quarantine measures in different but equally effective.
19. pest monitoring is the process of formally collect and record data about the appearance or non-appearance pest by the investigation, tracking or other processes.
20. Harmonize plant quarantine measures is the establishment, recognition and application of plant quarantine measures of different countries based on international standards.
21. Plant trees and tree parts alive, including seeds and chemicals have the ability to do the same.
22. plant products is the unprocessed material of plant origin and processed products of plant origin that due to the nature of the products or by the process of processing, can create the risk of intrusion and spread of plant pests.
23. new cultivars are imported first is the seed yet in the category of cultivars were manufactured, business.
24. plant quarantine measures is the rule, the official process to prevent the infiltration and/or spread of the plant pest or limiting the economic impact of the pest is controlled.
25. The place of origin is the place where objects in the quarantine area was sown or where the object was first created pest infection status.
26. the quarantine Zone is where plant cultivation, preservation of plant quarantine products completely with the external environment during quarantine.
27. plant quarantine license import are legal document allows importing a batch object matches the requested quarantine regulations.
Article 4. The responsibility of the body 1. 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 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.
2. 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.
 3. When discovered or suspected pests tuning of announced or exotic pests, the server object or the discoverer must adopt 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.
4. Perform physical handling measures prescribed by the competent State bodies for protection and quarantine.
5. plant quarantine charges Filed as regulations and payment of costs for the disposal of bodies. The absence of home body 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 themselves carry out, preserving the vehicles there and paid the expenses for the disposal of bodies.
6. Provide the necessary information about the plant quarantine and protection for State Management Agency specialized on protection and quarantine of Vietnam such as: information on plants and plant products, the production, cultivation method, pest list, packing of goods program, export, export policy and other related documents.

7. To create condition for plant quarantine officers to execute tasks such as: open, closed means of transport, containers, package, provide manpower for the inspection, sampling the object; track and check the object in the process of cultivation, use, preserve.
Article 5. The responsibility of the quarantine agency 1. Guide, supervise, certified implementation of the measures, except for track and handle the object. Direct handling of the disease must be implemented urgently that server object does not have the ability to perform.
2. Accomplish physical quarantine and certification of plant quarantine.
3. Provide the necessary information on the protection and quarantine for the import country according to the provisions of the agreement on food safety and plant and animal quarantine, the International Convention on the protection of plant.
4. building, manages the standard pest infection not Vietnam.
5. Review, evaluation and recognition of equivalent properties of the plant quarantine measures applicable to export objects, import of other countries.
6. adopt emergency measures to prevent pest intrusion and spread of the cases needed.
7. Harmonize plant quarantine measures according to the standards, guidelines and recommendations of the International Convention on the protection of plant.
8. Coordinate with quarantine agencies in exporting countries to check the physical processing, export and import in the country of export in a number of cases under the provisions of the multilateral and bilateral agreements.
Article 6. The responsibilities and powers of quarantine officers while on duty officials and quarantine is responsible for: 1. Perform quarantine under the provisions of the law to protect and quarantine.
2. To wear identity badges, uniforms, insignia, the plant quarantine.
3. Have the right on the objects in quarantine.
4. for those parts of the secret security 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 7. The responsibility of the State authorities, the people's Committee in the level 1. The Minister of agriculture and rural development in each period defined and published: a) the category tuning pests;
b) Category object in the quarantine area and objects to analyse pest risk before import into Vietnam.
2. the customs authority has the responsibility to coordinate with quarantine agencies 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 is shown in the entry-exit 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 export, import objects known. The Customs and other related agencies are responsible for coordination with quarantine agencies solve, handle the related matters when the plant quarantine agency has requested.
3. The Transportation Agency, post office, police, border guard, market management and other relevant bodies within the scope of functions, the mission was given the responsibility to coordinate with quarantine agencies in checking, preventing, handling of violations of regulations on quarantine.
4. the people's committees of all levels directed relevant agencies locally to perform quarantine under the provisions of the law on protection and quarantine.
Article 8. 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 before export or import of the object;
b) declared in the Declaration entry-exit and quarantine agencies to check on the spot for hand luggage, the luggage sent by means of transport containing the object;
c) must have a quarantine certificate or a certificate of quarantine of plant quarantine agency in the same submitter profile Vietnam customs clearance procedures for imported goods is the object or bundled with other imported goods (excluding hand luggage, baggage is sent according to the transportation of the passengers entry);
d) must have a certificate of quarantine of plant quarantine agency in Vietnam in the case of imported water requirements, submit resumes to make customs clearances for the object is exported goods or bundled with other export goods (excluding hand luggage sending luggage, according to the transportation of passengers to exit).
2. plant quarantine agency must examine, investigate, respond the results within 24 hours after the inspection bodies. In the case must extend beyond 24 hours, plant quarantine agency must notify the object owner know.
3. The inspection body and the establishment of quarantine is applied uniformly throughout the country.
Article 9. Prohibited acts 1. Putting pests in the adjustment of categories specified in point a of paragraph 1 article 7 of this Decree, the harmful exotic creatures alive at any stage of growth in Vietnam.
2. Insert the adjustable pests live in the categories specified in point a of paragraph 1 article 7 of this Decree to the region has not offers.
3. Put the object in a category are pest risk analysis specified in point b of paragraph 1 article 7 of this Decree in Vietnam.
4. Put the plant bring the land under any form in Vietnam.
Chapter II IMPORT QUARANTINE article 10. The condition of importing objects imported into Vietnam to have the following conditions: 1. plant quarantine certificate by the quarantine authorities of the export country or certificate of equivalent value.
2. No adjustment pests in the categories specified in point a of paragraph 1 article 7 of this Decree and exotic pests; If there are, they must be treated thoroughly.
3. Must have a permit to import plant quarantine for those bodies to analyse pest risk before import into Vietnam.
4. for wooden packaging materials imported to be processed by the plant quarantine measures according to regulations.
Article 11. The procedure for licensing of import quarantine for those bodies to analyse pest risk 1. Individual organizations have recommended single licensed quarantine according to form prescribed and filed at the plant quarantine agency.
2. Provide adequate information relating to the import objects as defined in paragraph 6 article 4 of this Decree.
3. plant quarantine agency must conduct pest risk analysis for imported objects.
4. If the results of the risk analysis pest shows the object pest risk then the plant quarantine agency not licensed for import plant quarantine organizations, individual petition.   
Article 12. Plant quarantine import 1. When importing objects into the first gate, the owner of the plant quarantine procedures for imported under the provisions of article 8 of this Decree.
2. plant quarantine agency conducted quarantine at the first gate. In special cases the procedure of plant quarantine conducted at other locations are eligible in quarantine.

3. for waterway transport transport the objects in quarantine to buoy the number "0", the owner of the media reporting with Vietnam quarantine authorities to check, if there is no quarantine pest plants, vehicles which are allowed to enter the port, if any pests adjust they must handle thoroughly. The quarantine of imported objects carried on the waterway transportation is conducted at the port of Vietnam.
4. the temporary import, export and temporary bodies must plant quarantine procedures for imported objects.
Article 13. Plant breeding and importing useful organisms 1. Individual organization when imported seed and helpful creatures must have enough of the conditions prescribed in article 10 of this Decree and the regulations of the following: a) for plant breeders to import quarantine procedures at the gate due to the plant quarantine agency regulations;
b) for plant varieties in the list are allowed to produce, after trading had finished quarantine procedures have to be transported to and cultivated in the location registered with quarantine agencies simultaneously and must declare to the competent State agencies on protection and quarantine to keep track , the test of the harmful organism;
c) for new cultivars are imported first cultivated only in plant quarantine under the provisions of the plant quarantine agencies to track pests;
d) In some special cases the import of seed, useful creatures must be approved by the Minister of agriculture and rural development. The Ministry of agriculture and rural development regulation the special case be allowed to import under the provisions of this clause.
2. organizations and individuals when imported seed and useful organisms must obey the right time tracking for each group of plants according to the regulations.
3. The Ministry of agriculture and rural development regulation time tracking for each group of varieties of plants, creatures and standards of a plant quarantine zone.
Article 14. Surveillance, transport, storage, use physical imports 1. Plant quarantine agency is responsible for overseeing 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 fully implementing the content specified in that certificate during transport, storage, use the object.
Chapter III EXPORT QUARANTINE article 15. Quarantine bases of plant quarantine authority export plant quarantine conducted for physical exports in case: 1. Purchase contracts or international treaties containing provisions to check out the room.
2. The owner of the plant quarantine requirements.
Article 16. Quarantine of export 1. The object owner is heralded with the quarantine and quarantine procedures for export in accordance with article 8 of this Decree, when export objects to the last gate, or to the place from which the export objects abroad.
2. plant quarantine agency conducted quarantine at the gate that the owners of registered objects. The case was quarantined at the facility or place of origin or place of preservation in the inland, the host body must present a certificate of quarantine on arrival in the end to export.
Article 17. Export objects monitoring 1. Plant quarantine agency is responsible for overseeing the quarantine for export from the body when the object was checked, certificate of quarantine until shipped out of Vietnam territory.
2. Server object has exported a certificate of quarantine while transporting the object from the quarantine for export to foreign countries must fulfill the content specified in the certificate.
Chapter IV QUARANTINE TRANSIT Article 18. Plant quarantine conditions in transit 1. Have a certificate of quarantine of the country of origin due to plant quarantine agency authorities.
2. The object when in transit or storage warehouse on the territory of Vietnam must be plant quarantine agency Vietnam agree. 3. Transit body must be packed in accordance with the specifications of goods guaranteed not to spread harmful organisms during transport and storing.
Article 19. Quarantine in transit 1. When 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 to monitor the object, check the transport and external regulatory bodies.
3. in case of detected objects in transit is not the correct packaging regulations on plant quarantine, no plant quarantine certificate of the country of origin, the quarantine agency in Vietnam must have a responsibility to check the object and means of transport or suspend until the correct packaging regulations. Plant quarantine agency check, monitor and review the certification to quarantine transit.
Chapter V INTERNAL PLANT QUARANTINE article 20. The content of the work to local quarantine 1. Managing pests to Vietnam and helpful.
2. To manage and implement measures to handle when outbreak detection.
3. Build and execute the program, monitoring and investigation in the room except for the efficient adjustment of pests for crop type and plant products stored in the warehouse.
Article 21. The quarantine procedures of domestic plants 1. The report, examining, processing, certification of quarantine domestic shipping be made according to the provisions of article 8 of this Decree.
2. for seed production in inland shipping countries that do not stem from the room or do not go through the room is not quarantine procedures.
Article 22. Quarantine monitoring domestic plants 1. Perform the investigation, monitoring, monitoring pest situation on seed type and plant products stored in the warehouse.
2. When there are cultivars, helpful creatures enter on local cultivation, use, supervision shall be as follows: a) check the certificates of plant quarantine import plant quarantine agency Vietnam granted to plant varieties, objects, creatures are useful;
b) tracking, monitoring where the cultivation, use;
c) sanctioning of administrative violations and conducting quarantine for those batches of imported objects do not perform quarantine imported under the provisions of the law to protect and quarantine.
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 local.
5. Decide on measures to handle the infected object tuning pests; Guide home monitoring of implementation measures to handle.
6. Where there is outbreak and signs of spreading 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 of the Ordinance on plant protection and quarantine.
Chapter VI

PROCESSING the OBJECTS in QUARANTINE Article 23. Processing the objects in quarantine area 1. Physical processing include the recycling, filtering, removal, cleaning, disinfecting, pay on place of origin, culling and other measures intended to eradicate pests radical adjustments.
2. The application of the measures in handling the work of plant quarantine conducted under the provisions of the quarantine.
Article 24. Handle objects imported 1. The disposal of infected objects controlled pests harmful exotic creatures are specified as follows: a) If the object is infected with quarantine pests of plant quarantine pest directory of Vietnam but not yet available on the territory of Vietnam or the exotic pests cannot be imported and must be returned to the place of origin or destroyed. The case can handle thoroughly by other measures, the plant quarantine agency review and decided to apply the measure;
b) If the object is infected with pest list quarantine pests of Vietnam that had narrow distribution on the territory of Vietnam or pest infection list pests adjusted but not a quarantine pest plants, to make the measure permanent disposal by the quarantine authorities decided. The handling of the case could not be performed in conditions Vietnam then returned the place of origin or destroyed.
2. A body from abroad due to drift, scattered, dispose, to Vietnam, the plant quarantine agency hosted, in cooperation with the local authorities and relevant agencies to handle.
Article 25. Physical processing for export, domestic and transit 1. The processing of export is done at the request of the server object or quarantine requirements of the importing country or sales contract.
2. When Vietnam transit body, if there is a quarantine pest plants of Vietnam or not properly packaged goods then the server object to apply measures to handle the object or repackage as prescribed.
3. The processing of infected objects in the quarantine work domestic plant is done by decision of the competent State bodies for protection and quarantine.
Article 26. Conditions, steam sterilization operations held a steam sterilization activities must have the following conditions: 1. People directly managing, operating, steam sterilization activities must have the certificate of practice.
2. Who directly perform steam sterilization operations must have a steam sterilization.
3. technical processes, means, equipment for steam sterilization operations, ensuring safety for humans, pets.
4. Ensure environmental hygiene, occupational safety, fire prevention, according to the regulations of the State administration authorities.
5. Location work, equipment, chemicals, container is the State Agency has the authority to agree in writing.
The Minister of agriculture and rural development is responsible for specifying the certificate of practice a steam sterilization steam sterilization, and technical processes, means, equipment for steam sterilization operations.
Article 27. Conditions of certificate of practice a steam sterilization 1. Professional level of chemicals or plant protection from University.
2. Have at least 3 years working experience in this field.
3. the health certificate by the medical authority district level and above the prescribed level.
Article 28. Condition of a steam sterilization Card level 1. Right through training on a steam sterilization, is the governing body of the State specialized inspection expertise, skilled.
2. the health certificate by the medical authority district level and above the prescribed level.
Article 29. Rights and obligations of the Organization, steam sterilization operations 1. The organization operates a steam autoclaving only works when the conditions specified in article 26 of this Decree and the commitment to comply that conditions during operation.
2. Certification of steam sterilization for objects in the quarantine area.
3. When done, steam sterilization methods for physical plant quarantine pest infection must be subject to the supervision of quarantine authorities.
4. Make a steam sterilization measures do not affect the quality of the goods, objects and the health of the community. Responsible for the results of a steam sterilization.
Chapter VII ENFORCEMENT PROVISIONS article 30. Effective enforcement of this Decree has effect after 15 days from the date of public notice, replacing quarantine conditions attached Decree No. 58/2002/ND-CP dated 3 June 2002 of the Government. The previous provisions contrary to this Decree are repealed.
Article 31. Responsible for enforcement of the Minister of agriculture and rural development is responsible for guiding the implementation of this Decree.
The 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.