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Circular 16/nn-Tt: Specific Regulations And Guidelines Enforced Quarantine Rules

Original Language Title: Thông tư 16/NN-TT: Quy định cụ thể và hướng dẫn thi hành Điều lệ kiểm dịch thực vật

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CIRCULAR of the MINISTRY OF AGRICULTURE of 16/NN-TT on December 20, 1980 in SPECIFIC REGULATIONS and GUIDELINES ENFORCED QUARANTINE RULES To perform quarantine rules (hereinafter referred to as the Charter) attached to Decree No. 214-CP dated 14 July 1980 of the Government Council The Ministry of agriculture, specific regulations and guidelines for implementing the following.
 
I. GENERAL PRINCIPLES 1. Khoản1 enforcement, article 2 of the Charter, today announced a list of pests plant quarantine objects of the Socialist Republic of Vietnam (annex 1 attached to this circular) include these dangerous pests not yet in our country or have on the narrow, capable of spreading between the regions within the country and from abroad from entering our country.
This list will be revised and supplemented according to the performance of the pest situation.
2. The articles in tools, means of plant quarantine area (recorded in article 3 of the Statute) includes the following things: a. food crops, industrial crops, fruit trees, plant food, forage plants, ornamental plants, forest plants, medicinal plants, etc. ... and parts of plants such as bud , flowers, seeds, fruits, stems, leaves, roots, tubers, eyes, etc.. in the form, not to mention fresh or dry, capable of carrying pests are quarantine.
Rice, peanuts, thank you, plate, powder, confectionary made of flour (cake, quyv cake, etc...), cotton fiber, cotton, jute, hemp medicinal herbs, wooden utensils, by song, rattan, bamboo, sedge and the same thing, however, is spent processing items but still capable of carrying the pests should remain in quarantine.
Candy jam, canning, textiles, clothing, medicinal herbs as a member or soaked in alcohol and similar things are processed through items no longer capable of carrying pests should not quarantine.
b. template seed depth, diseases, weeds, soil taken as samples for research, land used as elected wanton, nursery soil clinging to the branches of the media, other instruments, etc.
c. the means, the tools used for the production, processing, storage and transport of the aforesaid items such as paddy fields, gardens, forest Ray, Lady plant, machinery, tools, ships, aircraft, vehicles, warehouses, packaging and dunnage, goods, etc.
d. livestock, poultry, forest birds, animals, or the feathers, skin of animals and animal products from animal products capable of carrying weeds or insects that harm plants and plant products are plant quarantine.
3. The content quarantine (recorded in article 4 of the Charter), including the following measures: a. findings: investigating the pests on the means, tools; Check sample analysis of forensic items.
b. precautions: do not import the products produced in these regions are; do not put articles have worms, disease, weeds and plant quarantine objects (below referred to as disease) to the place yet have room or just processing, specializes in preserving and using it with certain conditions. Separated, returns the place of origin of the infected items, etc. c. Except extermination: by physical methods, chemistry, biology, or even mechanical measures culled infected items, etc.
4. Customize the case, people have articles, tools, vehicles (hereinafter referred to as articles) in the quarantine area must carry one or more plant quarantine measures recorded in point 4 above for articles, media, his tools.
Home articles must implement quarantine measures for the packaging, insert the liner and transportation of your items.
The cases below, the muscles around the quarantine of the Socialist Republic of Vietnam conducted measures handled, the cost for the implementation of these measures due to server resistant material: a. articles, tools, means no server or the server is not able to be present and not the credentials for one , such as airmail, parcels that recipients in far foreign postal facility; articles, vehicles, drift on the shore; dispose of items from the aircraft down, etc ... b/The plot articles, tools, means of infection seriously need handle immediately to prevent the spread of them that for some reason that owners of articles (or media server, tools) not proceed promptly.
 
II. ABOUT The ORGANIZATION Of The WORK Of PLANT QUARANTINE A. QUARANTINE At The GATE 1. Technical requirements on quarantine for the quarantine locations (recorded in article 6 of the Charter) is the location that has the conditions to prevent, detect, prevent and eradicate pests, plant quarantine objects from outside intrusions into the batch or lot items from the items spread out.
In particular: a. import quarantine location is best at the first border gate, the airport or the first postal facility. The case could not be quarantined in the place that new quarantine in other places, but as possible to avoid giving deep into the hinterland as well.
b. quarantine location for export the best is the last border. If not check out the room was in the place where that new quarantine at the other place from which the batch export items are shipped straight out (do not change the number, weight, packaging, packing, dunnage, and not unloaded along the way).
2. quarantine procedures for imported goods include: a. based on the import certificate, the Ministry of agriculture issued to owners of registered votes foreign plant quarantine import. This vote for one or more articles of a batch or lot of imports in each year, in the vote to specify quarantine measures must be applied in the import of the animal products that batch.
For owners of foreign trade is not the plant protection Department consider exempting the import registration procedures for each specific case: b. based on the paper to declare quarantine, plant quarantine agency must complete the room exactly and quickly. Only in the case of here or similar here too-long new time limit specified in article 9 of the Charter:-lot items themselves, the media tools do not qualify to quickly examine, samples of technical manipulation has rules.
-Travelling sample, examine objective difficulty can not fix.
-There are many paper declarations at the same time, could not keep up, quarantine or articles does not require quarantine shortly after declared.
c. Home articles, media, involving quarantine of the Socialist Republic of Vietnam issued a certificate of quarantine for these items, the first batch, not infected with pests recorded in item 1, article 2 of the Charter or infectious pests but has been handled appropriately.
3. the quarantine procedure airmail, parcels or other import items, with volume under 5 kilos grams also proceed as outlined in point 2 above, but are free to registered paper plant import and translation coefficients as long if the quarantine authority of plant of the Socialist Republic of Vietnam considers that produce plots no longer capable of carrying pests recorded in item 1, article 2 of the Charter.
4. Those with hand luggage, food, bring food to eat along the way, the wreaths to honor satire, bouquets of flowers given to put from overseas into Vietnam are exempt from the above procedure, but must declare or put out to check on the spot when officers quarantine Socialist Republic Vietnam requested and make the processing measure for with your items, if infected.

5. While the transit transportation on the territory of the Socialist Republic of Vietnam, in an items host quarantine must implement the measures recorded in article 10 of the Charter, must also have a certificate of quarantine with cargo shipment comes by to present when officials quarantine the Socialist Republic Vietnam asks. The absence of the aforesaid paper or unloaded along the way, they must declare the total plant quarantine agencies the Republic Vietnam Socialist conducting quarantine and certification for carrying forward.
6. When the means of transport from abroad to Vietnam from abroad or the territorial, internal and territorial waters of Vietnam, the people on the media not to deep, dón diseases recorded in clause 1, article 2 of the Charter in any way would spread the word that means around , not to fall, dispose or to drift the artefact in the quarantine area on the Mainland Vietnam. If because of uncertainties with which to work that happens it must notify any Vietnam authorities would first can be reported. Who was the first detected or things mentioned above have a responsibility to report immediately to the quarantine or the nearest plant protection measure to solve.
Only after quarantine agency Republic of Vietnam Socialist certificate was vetting and then allowed the waterway transportation in new quarantine area are docked or unloading goods in the inner harbour region and Vietnam. For air transportation and road routes, depending each type means that quarantine agency Republic of Vietnam Socialist decided the room means that before unloading the goods.
B. QUARANTINE In The DOMESTIC REGION 1. The plant available (recorded in article 14 of the co) only covers the area that one or more types of worm, the disease recorded in khoản1, article 2 of the Charter exist and can directly spread by natural way.
2. Orders the room or out of the district people's Committee is announced, if the room plant within a district; The people's Committee of the published, if the room it's in the scope of two or more districts, or the Ministry of Agriculture announced, if that region within the two provinces. This command is announced on the basis of the results of the investigation or verification and proposal of quarantine agency, in order to specify the name of the land, factory, warehouse stations within the region have room to plant and measures as well as the time limit for implementation of these measures.
The command announced the plant can be communicated to such organization or individual has a responsibility to enforce and listed in the junctions off into that region.
3. The track record at the pest situation article 13 of the Charter in the places adjacent to the border or often have items in quarantine put foreign as well as from the region have room to plant, in the basis of plant and other places , are more likely to be the source of spreading pests plant quarantine objects, must be done in accordance with agency procedures plant quarantine regulations.
4. The region has room to plant due to level would then announced that level held the temporary quarantine stations at places needed (write in detail c, paragraph 2, article 14 of the Charter).
5. in The case of suspension of contaminated items shipping room interfere with older for active transportation, unloading, circulation distribution that plant quarantine agency must immediately report any case authority (recorded in article 15 of the Charter), including: a. suspend the batches of articles that have been rated by an authorized priority in the transportation plan.
b. the suspension of shipping caused strained the entire operation of the base transportation, unloading, traffic distribution.
6. In addition to the above, the work of plant quarantine in the regions in the country are made in accordance with the provisions of the plant protection regulations attached to Decree No. 334-CP on 22-9-1979 Government Council.
C. PLANT QUARANTINE FEE (Recorded in section III, chapter II of the Charter).
With the agreement of the Ministry of finance, the Ministry of Agriculture regulations details on plant quarantine fee (below referred to as quarantine charges) are as follows: 1. quarantine Fees include fish following expenses: a. investigate and sample articles by the number of sample points scored during sampling investigation by the Bureau of quarantine and plant protection regulations. For 1 to 10 sample points are a unit of quarantine fees, from the 11th over, templates for adding each template add 0.1 quarantine fee unit.
If the Census without sampling the items under 500 m 2 count 1 charge unit quarantine on 500 m 2 just add 100m2 add unit 0.1 quarantine fees.
b. examiner analysis: for every request the examiner analyzes the insect or fungus disease, germs, bacteria, weeds, etc. count from 8 to 12 units a quarantine fees and each requires a general assessment analysis (to General conclusions on the status of plant quarantine) are calculated from 10 to 15 units a quarantine fees, depending on each batch and items required for simple or complex analysis.
c. Establishment of records (both public and material) for a stitch as well as all of the stitches of each plant quarantine procedures are from 0.5 to 1 unit of quarantine fees.
d. Move send the sample and go back to plant quarantine procedures calculated according to General tariffs and real costs of plant quarantine agency.
2. Each quarantine fees are calculated value by 2, if the quarantine is conducted during office hours; by 2.50, if the room is done outside of the Administration, and by 3, if the room had to do on the holidays, holidays, ca three due to objective requirements.
Plant quarantine agency in the Republic of Vietnam are socialist decided to charge a quarantine of foreigners with money rubles, dollars (us), a (uk) (West Germany) with the price of each unit of the quarantine fee is 20, 25; 30 copper (according to the translation in progress in addition to two hours) calculated according to the exchange rate by the State Bank of Vietnam.
3. the quarantine Costs for imported items because the recipient submits, with regard to export items due to the sender submits, for the media, tools (if separate quarantine facilities, the tool does not contain articles) by the media owner, filed.
Quarantine fees must be submitted on the spot, if parcel is Kien, the baggage sent by people on the means of transport; or filed after the filing, if the person is the subject of the articles does not belong in an.
Specific term currency loaded charge plant quarantine agency quarantine of the Socialist Republic of Vietnam decision for each case and not absorb too slow 15 days from when the quarantine is over. The currency loaded quarantine charges delay was considered as violations of the Charter.
4. With regard to food, bring food to eat along the way, the wreath to the Vientiane satire, bunch of hao to investigate gifts shall be free of quarantine.
For parcels, parcel, sent items according to transportation with the volume under 5 kilograms to donate, donations to research and produce batches in an humanitarian aid shall be reduced by the quarantine costs versus load stated in point I above.
 
III. ABOUT the REWARD, PUNISHMENT (Recorded in chapter IV of the Charter)

With the agreement of the Ministry of finance, which is now defined as follows: 1. The bonuses, recorded in article 20 of the Statute, enforcement-only for those who have (if the organ or plant quarantine officers to the exceptional) in preventing, detecting, arresting the service violated the quarantine mode. Most bonus amount is 50% of the fines of the violations, and not more than 3 million. Who was awarded prizes in the field of water.
Besides bonus, every achievement in the implementation of the Charter are considering rewards as compensation mode of State. 2. The competent authorities decided to impose a fine (article 22 of the Statute) is entitled to deductions of fines collected for and filed the rest into the State Treasury.
3. the marginal base is a violation of and the actual situation of violations that authority decides the form and level of the processor. Penalty thereon is communicated to the person being treated.
4. The currency loaded fine for violators are foreigners also made under the quarantine costs absorb stated in section C, part II of this circular. The management bonuses, penalties must be done properly to the current mode of the State.
5. The material compensation in case of breach of the rules then enforced by physical liability regime (attached to Decree No. 49-CP on 9-4-1968 Council of Governments) and the General regulations of the State.
6. Complaints and resolving complaints about the payoff in the enforcement of the Charter are implemented under common rules and complaint of the Socialist Republic of Vietnam.
 
IV. IMPLEMENTATION 1. Plant quarantine network include: a. plant protection Bureau in charge of plant quarantine work on nationwide and the plant quarantine stations, based at the gate and a main transportation hub, directly proceed the work of plant quarantine, import-export in the place and task of domestic quarantine around the region where the closed stations.
b. organizations or professional staff, half are dedicated to the work of plant quarantine in the province, the local Government decided to establish the credentials and quarantine in establishments manufacturing, processing, storage, transport, forwarding, border control, etc. , because the Governing Body decided to set up a deal with the crab plant quarantine agency, to take charge of the work of the local quarantine or its base.
2. The management expertise, professional plant quarantine for plant quarantine networks from the central to the basis (recorded in article 26 of the Charter), as follows: a. the operation, procedures, books, papers and reports on business opinion quarantine is applied for under the provisions of the plant protection Department on the basis of the Charter and this circular.
b. The quarantine officers of local plant due to the authorized agency appointed or appointed, must have a certain level of expertise, professional food quarantine tie in accordance with Department of plant protection and quarantine agency must be the superior plant confirmed that level.
Plant quarantine (below referred to as quarantine staff) including at Central and local levels must plant protection Department confirmed the level of professional expertise and plant quarantine card level.
c. for plant quarantine measures that the implementation of these measures but not to spend beyond the hierarchical level powers (stated in point 3 below) but has an important influence on many fronts (political, economic, diplomatic, defense, etc) then the level under the top level must be agreed before announcing the decision. The case could not immediately be superior opinion then must enlist the opinions of local authorities before publication and when it is likely the first to report on the upper level.
3. Present the detailed provisions and the hierarchy of tasks and powers of quarantine officers (recorded in Chapters III and IV of the Statute) as follows: a. the pricipal and plant quarantine officer has a number of tasks, powers or organization specific quarantine officers assigned to or for Commission.
b. quarantine staff is responsible for vụu and authority as referred to in Articles 18, 19 and clause I, Article 22 of the Charter, which contains a number of points are specified more details as follows:-Must wear uniforms, wearing badges and cards bearing plant quarantine under the form and mode of regulation. Only those officers had enough things according to the rules mentioned above have qualified to enforce his authority.
-When out at the places where animals and products, vehicles, tools in plant quarantine area to do the task (as stated in clause 1, article 19 of the Charter), the uniform and the plant quarantine cards have to have command or a referral of his agency. The control papers, examine the implementation of the measures and quarantine procedures, investigating, sampling artefact must follow the right process, manipulate, by plant protection Bureau regulations.
-The ordered the driver of the means of water transportation, road boọ stop to control (mentioned in paragraph 3, article 19 of the Charter) are only performed on certain routes, for the given media type and within a certain time limit, by the decision of the people's Committee and in cooperation with local public security base.
Just be ordered to suspend the transport of contaminated items batch room at the bus station, the train station, the Harbour and along the way (mentioned in article 15 of the Charter) not exceeding 24 hours.
The order to stop or suspend transportation of the above not be contrary to traffic rules and other rules have been issued.
-Only be decided measures to quarantine that the direct expenditure for the implementation of measures which do not exceed 3000.
c. officers directly in charge of plant quarantine work collectively from the district level and above, in addition to the powers and duties mentioned above, also has the right to:-the decision to impose a fine of up to 100 or 200 (if is provincial level or equivalent).
-The decision to move to another job or destroyed items contaminated room worth 1000 or 2000 (if it is granted the province or equivalent).
-The decision to quarantine measures that the cost for the direct implementation of these measures to the Council or to the 5000 10000 (if is provincial or equivalent), or up to 20000 đồng (if the Chief and Deputy Head of the plant quarantine stations directly under the plant protection department or equivalent) If so, the Council must be 20000 Director plant protection the decision or process on the decision.
d. Director plant protection organization, directing and management visionary expertise, working profession quarantine from the central to the base, validation and card-level quarantine, granting registered plant quarantine import regulations detail the points not yet detailed provisions in the Charter and this circular aims to make good inspection operations figures on nationwide.
Above are some of the points detailed rules, guiding the implementation of quarantine regulations of the Socialist Republic of Vietnam in force from the date of promulgation. The previous provisions contrary to the Charter and this circular are repealed.
 
DIRECTORY of QUARANTINE OBJECT of the SOCIALIST REPUBLIC of VIETNAM
 

Forbidden to enter into Socialist Republic Vietnam the seeds, seedlings, plants, agricultural crops, forest trees and the agricultural and forestry trees infected with pests in this group, or is produced in the region to have the kinds of pests.
 
Group I a. depth of 1. Fruit Fly Ceratitis Capitata Wied Mediterranean.
2. Hyphantria cunea Drury American White Moth.
3. rigid wings Many potatoes are deep, intoxicating.
4. tribe of Weevil Pachymerus pallidus Olivier.
5. coconut Beetle Pantomorus leucoloma Dojean white border.
B. DISEASES 6. Ditylenchus angustus rice sterile line (Butler) Filipjev 7. Online Hétérodera Wollonerber rostochiencis potatoes 8 infection. Black disease of sweet potato Cesratótomella fimbriata Elliot et Halsted.
9. potato cancer Synchytrium endobioticum (Sehilb) Perc.
10. Sick charm n Bactétium stewarti EF Smith.
11. dry Orange spike Disease Deuterophoma Tracheiphila Pétri, Tangerine.
 
GROUP II the seeds, seedlings of ornamental plants, agricultural crops, forest trees and agricultural pest infection recorded in this group, before carrying on to the Socialist Republic of Vietnam, must emit a disinfectant and apply all the quarantine measures to prevent the spread of them.
A. DEPTH Of 12. The first beetle Anthonomus grandis cotton long Beh.
13. Pseudolacaspis pentagoma beard mite Targ.
14. big Tétradacus citri Tangerine, Orange Fly ch. 15. Leucaspis japonica Chu long scale.
Pseudococcus comstocki mealybug 16. Cômtôcky Kuw.
Tribolium confusum junk paddy Weevil 17. Duval.
18. coconut Beetle Popillia japonica Japanese Newn.
19. peach Carposina sasakii perforated Mats Deeply.
20. Deep opaque Lapeyresia molesta PEAR Busch.
21. A burned stiffness Trogoderma granaria Everts 22. Gnorimoschema operculella potato tuber moth Zell.
23. soy Weevil Acanthoscelides obtertus drunk.
24. Le Aspidiotusperniciosus mite Comst.
25. A to Caulophilus hose latinasus drunk.
26. Pink mealybug flattening Ceroplastes ruscit l. 27. Deep pink cotton Pestinophora Raumd Gossypiella.
28. coffee Weevil Stephanoderes hampei Ferr.
29. A paddy Calandra Granaria L. B. 30. Phymatotrichum omnivorum cotton charm rot disease (shoer) Duggar.
31. Scabies Spongospora potato subteranea (Wallr.) Legerh.
32. Corynebactérium tomatoes cancer michiganense (M. F. Smith) Jensen.
33. black chalk Disease Tilletia indica Mitra wheat.
34. Golden Verticilium wilt Diseases of cotton alboatrum Reinke et Berth.
35. the dry cotton charm vasinfectum Atk Fusarium spp. Diseases.
36. Ephelis oryzae Syd rice flavor tree Disease.
37. The disease Ustilago maydis of corn black chalk (DC) Corda.
38. golden-orange Diseases, Quick decline.