In which cases are plant pests and diseases in Vietnam announced? What are the conditions for announcement of plant pests and diseases in Vietnam?
- In which cases are plant pests and diseases in Vietnam announced?
- What are the conditions for announcement of plant pests and diseases in Vietnam?
- What are the regulations on process and procedure for announcement of plant pests and diseases in Vietnam?
- When must the decision on plant pest and disease announcement be publicly announced in the mass media?
In which cases are plant pests and diseases in Vietnam announced?
Pursuant to the provisions of Clause 1, Article 17 of the 2013 Law on Plant Protection and Quarantine in Vietnam, plant pests and diseases must be announced in case of:
- The outbreak and spread of harmful organisms on a vast area as well as great damage to plants;
- The detection of alien harmful organisms and regulated plant pests which can cause severe damage to plants;
- The detection of the invasion of quarantine plant pests into the territory of Vietnam which pose the risk of spread.
In which cases are plant pests and diseases in Vietnam announced? What are the conditions for announcement of plant pests and diseases in Vietnam? (Image from the Internet)
What are the conditions for announcement of plant pests and diseases in Vietnam?
Pursuant to the provisions of Article 4 of Decree No. 116/2014/ND-CP stipulating the conditions for announcement of plant pests and diseases as follows:
As regards plant harmful creatures that are neither quarantined subjects nor alien harmful creatures on plants, such announcement shall be made if:
- Harmful creatures on plants have shown a sharp increase in the amount, extent and degree as against those reported in the past 02 (two) years immediately ahead of the time when plant pests and diseases are announced and forecast by the specialized agency for plant protection and quarantine at the provincial or higher level(s); have posed the risk of being rapidly spread on a large scale and a vast area, and caused tremendous impacts on production, environment, human lives, which is beyond the control of plant owners.
- All necessary controlling measures against harmful creatures that have been applied by plant owners in accordance with guidelines from the specialized agency for plant protection and quarantine have not been effective as expected, which results in the application of urgent measures and forces plant owners, interested organizations and individuals at affected areas to strictly follow these measures for a definite period of time with the aim of quickly suppressing, containing and eradicating those harmful creatures.
As regards plant harmful creatures that are either quarantined subjects or alien harmful creatures on plants, such announcement shall be made if:
- Such quarantined subjects or alien harmful creatures have been introduced into the territory of Vietnam, and posed the risk of establishing a pest population and spreading on a vast area, which requires urgent measures to be taken, or forces plant owners, interested organizations and individuals at affected areas to strictly follow these measures with the aim of quickly suppressing, containing and eradicating those harmful creatures.
What are the regulations on process and procedure for announcement of plant pests and diseases in Vietnam?
Pursuant to the provisions of Article 5 of Decree No. 116/2014/ND-CP stipulating the process and procedure for announcement of plant pests and diseases as follows:
- Pursuant to the regulations laid down in Article 4 of Decree No. 116/2014/ND-CP, the centrally-governed specialized agency for plant protection and quarantine shall file a report to the Ministry of Agriculture and Rural Development;
The specialized agency for plant protection and quarantine at the provincial level shall request the Director of Department of Agriculture and Rural Development to send a report to the President of the provincial People’s Committee on the current status of plant pests and diseases, facts or figures as evidence for the sufficient condition for announcement of plant pests and diseases, necessity for this announcement, proposed affected areas that should be announced as well as pest control measures;
- The Minister of Agriculture and Rural Development shall rely on the report submitted by the Head of the centrally-governed specialized agency for plant protection and quarantine; the President of the People's Committee at the provincial level shall rely on the report submitted by the Director of Department of Agriculture and Rural development to make their decision on plant pest and disease announcement;
- When necessary, the person who is authorized to announce plant pests and diseases is entitled to establish and consult with an advisory council. The Council shall be chaired by that person or his/her deputy, and vice-chaired by the Head of the centrally-governed specialized agency for plant protection and quarantine, or the Director of Department of Agriculture and Rural Development, and membered by representatives for relevant bodies or organizations as well as experienced experts in plant protection sector.
The advisory council shall be responsible for considering the report sent by specialized agencies for plant protection and quarantine, submit the proposal for announcement of plant pests and diseases, affected areas that should be announced as well as pest control measures to the competent person.
When must the decision on plant pest and disease announcement be publicly announced in the mass media?
Pursuant to the provisions of Clause 2, Article 5 of Decree No. 116/2014/ND-CP, the process and procedure for announcement of plant pests and diseases are as follows:
Process and procedure for announcement of plant pests and diseases
...
2. Decision on plant pest and disease announcement
a) Contents of the decision on plant pest and disease announcement consist of: Harmful creatures on plants, affected subjects, areas, pest control measures and validity of the decision;
b) Within a period of 24 hours from the date on which the announcement is made, such decision must be publicly announced through central and local mass media; the local authority of the affected area must inform plant owners, interested organizations and individuals throughout that area for the purpose of raising their awareness and enforcing the decision.
According to the above provisions, within a period of 24 hours from the date on which the announcement is made, such decision must be publicly announced through central and local mass media; the local authority of the affected area must inform plant owners, interested organizations and individuals throughout that area for the purpose of raising their awareness and enforcing the decision.
LawNet