In Vietnam, shall the Certificate of eligibility for pesticide trading whose contents are altered be revoked?
- Is a statement of qualifications required in the application for issuing a Certificate of eligibility for pesticide trading in Vietnam?
- In Vietnam, shall the Certificate of eligibility for pesticide trading whose contents are altered be revoked?
- What are the obligations of pesticide trading entities in Vietnam?
Is a statement of qualifications required in the application for issuing a Certificate of eligibility for pesticide trading in Vietnam?
Under Clause 1, Article 65 of the Law on Plant Protection and Quarantine 2013:
Application, procedure for, and authority to issue and revoke the Certificate of eligibility for pesticide production or the Certificate of eligibility for pesticide trading
1. Applications for the Certificate of eligibility for pesticide production and trading include:
a) A written request for issuing Certificate of eligibility for pesticide production or trading;
b) A copy of the Certificate of Business Registration;
c) A statement on the technical facilities and personnel, and qualifications for fulfilling the pesticide production or trading requirements according to Articles 61 and 63 of this Law;
d) Qualifications and certificates of the training on the pesticides of the owner and employees who directly participate in the production or trading according to Articles 61 and 63 of this Law;
dd) The health certificates of the owner and the employees;
e) A proof of the fulfillment of requirements of fire prevention and fighting and environmental protection according to the regulations of the Law;
...
Thus, the application for issuing a Certificate of eligibility for pesticide trading in Vietnam must include a statement on the technical facilities, personnel, and qualifications for fulfilling the pesticide production or trading requirements.
In Vietnam, shall the Certificate of eligibility for pesticide trading whose contents are altered be revoked?
Cases of renovation of a Certificate of eligibility for pesticide trading are prescribed in Clause 3, Article 65 of the Law on Plant Protection and Quarantine 2013 as follows:
Application, procedure for, and authority to issue and revoke the Certificate of eligibility for pesticide production or the Certificate of eligibility for pesticide trading
...
3. An issued Certificate of eligibility for pesticide production or trading shall be revoked in the following cases:
a) The contents on the certificate are altered;
b) The entity commits administrative violations at the frequency of 03 times in a year or an administrative violation against the regulations of plant protection and quarantine at the frequency of 03 consecutive times;
c) The entity commits another violation due to which the certificate shall be revoke according to the Law.
4. The jurisdiction to issue and revoke Certificates of eligibility for pesticide production or trading:
a) The centrally-governed agency specializing in the plant protection and quarantine shall have the jurisdiction to issue and revoke Certificates of eligibility for pesticide production.
b) Local agency specializing in the plant protection and quarantine shall have the jurisdiction to issue and revoke Certificates of eligibility for pesticide trading.
Thus, the Certificate of eligibility for pesticide trading whose contents are altered may be revoked.
What are the obligations of pesticide trading entities in Vietnam?
Under Clause 2, Article 64 of the Law on Plant Protection and Quarantine 2013, pesticide trading entities in Vietnam have the following obligations:
- Comply with the regulations of the Law on managing pesticides;
- Only let employees sell pesticides if they are healthy and have been trained properly;
- Publish the selling price and keep a logbook for the sale of pesticides;
- Give instruction manuals for using the pesticides to buyers according to their labels;
- Take remedial measures on finding any leakage and dispersion of pesticide that may cause negative impacts on human, animal health and the environment, send a report to the People’s Committee of commune for the People’s Committee to supervise, give warnings and take preventive measures to prevent any unexpected situations.
- Only sell pesticides serving as a vapor steam cleaner to the person who holds the practicing card of plant quarantine article treatment or the organization that hold the practicing certificate of plant quarantine article treatment;
- Provide relevant information about the sale of pesticides for competent agencies upon request;
- Compensate for any damage at the trader’s fault according to the regulations of the Law;
- Notify the direct distributor or the manufacturer of any pesticide that is found not to meet the requirements in order for the distributor or the manufacturer to recall such sold pesticide; Participate in recalling the sold ineligible pesticide;
- Comply with the regulations of the Laws on fire prevention and fighting, chemicals, occupational and environmental safety;
- Comply with the regulations of the Laws on environmental protection tax and the relevant regulations.
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