From January 16, 2023, what is the list of banned plant protection chemicals in Vietnam? What is the fine for selling banned plant protection chemicals?

Main Content

• From January 16, 2023, what is the list of banned plant protection chemicals in Vietnam?
• What are the 31 active ingredients banned from use in Vietnam?
• What is the fine for selling banned plant protection chemicals in Vietnam?

From January 16, 2023, what is the list of banned plant protection chemicals in Vietnam?

On December 2, 2022, the Ministry of Agriculture and Rural Development issued Circular 19/2022/TT-BNNPTNT on the list of permissible plant protection chemicals in Vietnam and the List of plant protection chemicals banned from use in Vietnam. This Circular will take effect from January 16, 2023.

Accordingly, the list of banned plant protection chemicals is specified in Clause 2 Article 1 of Circular 19/2022/TT-BNNPTNT as follows:

Issued together with this Circular

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2. List of plant protection chemicals banned from use in Vietnam under Appendix II issued together with this Circular, including:

a) Pesticides and preservatives of forest products: 23 active ingredients.

b) Fungicides: 6 active ingredients.

c) Rodenticides: 1 active ingredient.

d) Herbicides: 1 active ingredient.

Thus, the list of banned plant protection chemicals in Vietnam includes: pesticides, Fungicides, Rodenticides, Herbicides with 31 banned active ingredients.

What are the 31 active ingredients banned from use in Vietnam?

Pursuant to Appendix II issued together with Circular 19/2022/TT-BNNPTNT, the list of 31 banned plant protection active ingredients in Vietnam includes:

What is the fine for selling banned plant protection chemicals in Vietnam?

Regulations on sanctioning violations in trade in pesticides are specified in Article 26 of Decree 31/2016/ND-CP (amended by Clause 5 Article 1 of Decree 04/2020/ND-CP); Point a, Clause 1 of this Article is abolished by Point b, Clause 3, Article 2 of Decree 07/2022/ND-CP) as follows:

Violations against regulations on pesticides trading

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2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is less than 3 kg (or 3l);

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3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 3 kg (or 3 l) to 5 kg (5 l);

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4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 5 kg (or 5 l) to less than 10 kg (10 l);

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5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 10 kg (or 10 l) to less than 20 kg (20 l);

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6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 20 kg (or 20 l) to less than 30 kg (30 l);

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7. A fine ranging from VND 40,000,000 to VND 45,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

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b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 30 kg (or 30 l) to less than 50 kg (50 l);

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8. A fine ranging from VND 45,000,000 to VND 50,000,000 shall be imposed for committing one of the following violations:

a) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is 50 kg (or 50 l), or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency;

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9. Additional penalties

a) The Certificate of eligibility to trade pesticides shall be suspended for 01 – 03 months if any of the violations prescribed in Point b, Point c Clause 4, Point b, Point c Clause 5 and Point b, Point c Clause 6 of this Article is committed.

b) The Certificate of eligibility to trade pesticides shall be suspended for 03 – 06 months if any of the violations prescribed in Point b, Point c Clause 7 and Clause 8 of this Article is committed.

10. Remedial measures:

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b) Enforced destruction of pesticides which are on the List of pesticides banned in Vietnam, those which are not on the List of pesticides permitted in Vietnam and pesticides packed in the form of glass syringes if any of the violations prescribed in Points b, d Clause 2, Points b, c, g Clause 3, Points b, c Clause 4, Points b, c Clause 5, Points b, c Clause 6, Points b, c Clause 7 and Clause 8 of this Article is committed."

Thus, individuals trading banned plant protection chemicals will be fined from 3,000,000 to 50,000,000 VND, are eligible for additional penalties and be responsible for taking remedial measures.

For organizations, the fine shall be doubled. Therefore, the maximum fine applied to organizations can be up to 100,000,000 VND.