The issuance of the Circular on the repeal of certain provisions regarding the procedures for plant quarantine for import, export, transit and post-import of objects subject to plant quarantine taking effect from May 16, 2024 in Vietnam
Which provisions regarding the procedures for plant quarantine for import, export, transit and post-import of objects subject to plant quarantine shall be repealed according to the law in Vietnam? - Ms. Ly (Hue)
The issuance of the Circular on the repeal of certain provisions regarding the procedures for plant quarantine for import, export, transit and post-import of objects subject to plant quarantine taking effect from May 16, 2024 in Vietnam
On April 1, 2024, the Minister of Agriculture and Rural Development issued Circular 03/2024/TT-BNNPTNT, which repealed certain provisions of Circular 34/2018/TT-BNNPTNT dated November 16, 2018, by the Minister of Agriculture and Rural Development amending and supplementing certain articles of Circular 33/2014/TT-BNNPTNT dated October 30, 2014, and Circular 20/2017/TT-BNNPTNT dated November 10, 2017, by the Minister of Agriculture and Rural Development.
According to Article 1 of Circular 03/2024/TT-BNNPTNT, the following provisions are stipulated:
Repeal certain provisions of Circular 34/2018/TT-BNNPTNT dated November 16, 2018, by the Minister of Agriculture and Rural Development, amending and supplementing certain articles of Circular 33/2014/TT-BNNPTNT dated October 30, 2014, by the Minister of Agriculture and Rural Development, regarding the sequence and procedures for plant quarantine of plant imports, exports, transit, and post-importation of objects subject to plant quarantine, as well as Circular 20/2017/TT-BNNPTNT dated November 10, 2017, by the Minister of Agriculture and Rural Development, providing guidance on the implementation of Decree 39/2017/ND-CP dated April 4, 2017, by the Government on the management of animal feed, aquaculture (hereinafter referred to as Circular 34/2018/TT-BNNPTNT).
1. Repeal Clause 3, Article 1 of Circular 33/2014/TT-BNNPTNT dated October 30, 2014, by the Minister of Agriculture and Rural Development, regarding the sequence and procedures for plant quarantine of plant imports, exports, transit, and post-importation of objects subject to plant quarantine, as amended and supplemented by Clause 1, Article 1 of Circular 34/2018/TT-BNNPTNT.
2. Repeal Article 7b and Appendix Ib of Circular 33/2014/TT-BNNPTNT, as supplemented by Clause 3, Article 1 of Circular 34/2018/TT-BNNPTNT.
3. Repeal Article 18a and Article 18b of Circular 33/2014/TT-BNNPTNT, as supplemented by Clause 4, Article 1 of Circular 34/2018/TT-BNNPTNT.
4. Repeal Article 2 of Circular 34/2018/TT-BNNPTNT.
As regulated above, the Circular 03/2024/TT-BNNPTNT shall repeal following provisions:
[1] Guidelines for implementing plant quarantine and state quality inspection of imported plant-origin animal feed and aquaculture feed prior to customs clearance for a batch (lot) that requires both plant quarantine and state quality inspection.
[2] Documentation and procedural sequence for plant quarantine and state quality inspection of imported plant-origin animal feed and aquaculture feed for a batch that requires both plant quarantine and state quality inspection.
[3] Template for registration of plant quarantine and confirmation of quality inspection for imported plant-origin animal feed and aquaculture feed.
[4] Authority for state quality inspection of imported plant-origin animal feed and aquaculture feed.
[5] Responsibilities of state quality inspection units for imported plant-origin animal feed and aquaculture feed that fall under the category requiring plant quarantine.
Note: Circular 03/2024/TT-BNNPTNT will come into effect on May 16, 2024.
The issuance of the Circular on the repeal of certain provisions regarding the procedures for plant quarantine for import, export, transit and post-import of objects subject to plant quarantine taking effect from May 16, 2024 in Vietnam - image from internet
What documents are included in the application for quarantine of plants in transit in Vietnam?
Pursuant to Article 11 of the Circular 33/2014/TT-BNNPTNT (amended by Clause 6 Article 2 of the Circular 15/2021/TT-BNNPTNT) stipulating application for quarantine of plants in transit:
Application for quarantine of plants in transit:
1. An application form for plant quarantine (using the form in Annex I enclosed herewith).
2. The photocopy or the electronic copy or the original copy of the phytosanitary Certificate issued by the exporting country.
If the article owner submits the photocopy or the electronic copy, the original copy must be submitted before receipt of the phytosanitary Certificate of the imported, in-transit and domestically transported shipment of articles.
3. The electronic copy or the original copy or the certified true copy of the phytosanitary permit for import.
As regulated above, the application for quarantine of plants in transit in Vietnam includes:
- An application form for plant quarantine.
- The photocopy or the electronic copy or the original copy of the phytosanitary Certificate issued by the exporting country.
If the article owner submits the photocopy or the electronic copy, the original copy must be submitted before receipt of the phytosanitary Certificate of the imported, in-transit and domestically transported shipment of articles.
- The electronic copy or the original copy or the certified true copy of the phytosanitary permit for import.
What are procedures for quarantine of plants in transit in Vietnam?
Pursuant to Article 12 of the Circular 33/2014/TT-BNNPTNT stipulating procedures for quarantine of plants in transit in Vietnam:
Step 1: The applicant shall submit directly 01 application for quarantine of plants in transit to a plant quarantine body.
Step 2: Plant quarantine bodies are responsible for receiving and examining the conformity of the application.
Step 3: Examination on the articles
Based on the result of the examination on the application, the plant quarantine body shall decide the location and appoint officials to examine the consignment in the following order:
- Preliminary examination
The examining official shall examine the outside of the consignment, the packages, means of conveyance; examine the chinks and crevices where pests may hide; collect the insects that move around or stick on the consignment.
- Detailed examination
The examining official shall examine the status of package and the consignment; analyze the collected sample of articles, pests.
If the package condition is not satisfactory, the applicant must repack the consignment.
Step 4: Issuance of Phytosanitary certificate
- If the consignment satisfies the requirement of plant quarantine of the importing countries, plant quarantine bodies shall issue such consignment with the Phytosanitary Certificate for export, transits and inland transport within 24 hours from the beginning of the quarantine.
- If the consignment contains articles that are found infected with quarantine pests, pests subject to control in Vietnam or alien pests, plant quarantine shall decide the suitable handling measures in accordance with the regulation.
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