List of pesticides banned from use in Vietnam from December 8, 2023

List of pesticides banned from use in Vietnam from December 8, 2023 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

The Minister of Agriculture and Rural Development issued Circular 09/2023/TT-BNNPTNT dated October 24, 2023 on the List of pesticides allowed to be used in Vietnam and the List of pesticides banned from use in Vietnam.

List of pesticides banned from use in Vietnam from December 8, 2023

Specifically, the list of pesticides banned from use in Vietnam is specified in Appendix II issued with Circular 09/2023/TT-BNNPTNT, including:

- Pesticides and forest product preservatives: 23 active ingredients.

- Fungicides: 06 active ingredients.

- Rat repellent: 01 active ingredient.

- Herbicide: 01 active ingredient.

Circular 09/2023/TT-BNNPTNT takes effect on December 8, 2023.

Requirements for pesticide manufacturers in Vietnam

Specifically, Clauses 1 and 2, Article 61 of the Law on Plant Protection and Quarantine 2013 stipulates the requirements for pesticide manufacturers as follows:

(1) Technical facility requirements:

- The factory and warehouse of the manufacturer must be built with sufficient space and safe distances in order to ensure the safety for people, animals and environment according to the regulations;

- Machines, equipment and technology process must be suitable for the manufacturing of pesticides;

- Waste treatment system must meet the national technical regulations and standards for the environment protection;

- The manufacturer should have equipment in order to inspect the quality of the pesticides to be produced. If it does not have sufficient equipment, it must enter into a contract for the quality examination with an organization specializing in the pesticide quality examination for every product batch.

(2) Personnel requirements:

- The production supervisor must achieve a bachelor degree in the plant protection, biology or chemistry or any other higher degrees;

- The employees who directly participate in the production must be well-trained.

Entitlements and obligations of pesticide manufacturers in Vietnam

Entitlements and obligations of pesticide manufacturers include:

(1) Every pesticide manufacturer is entitled to:

- Produce pesticides on the Nomenclature of permitted pesticides;

- Import pesticides for the manufacturing or re-exportation purposes according to terms and conditions agreed in the contract with foreign partners;

- Advertise the pesticides according to Article 70 of the Law on Plant Protection and Quarantine 2013 and the Law on advertisement;

- Enjoy other rights according to this Law and other relevant legal regulations.

(2) The pesticide manufacturer must:

- Apply the National technical regulations and their internal criteria set out for the pesticide production;

- Employ healthy employees and train them on the occupational safety and professional knowledge.

- Take responsibility for the quality of the pesticides and only launch the pesticides that are of satisfactory quality to the market.

- Provide necessary documents for the inspection by competent agencies according to the regulations of the Law on Plant Protection and Quarantine 2013;

- Compensate for any damage at the manufacturer’s fault according to the regulations of the Law on Plant Protection and Quarantine 2013;

- Recall pesticides according to Clause 2 Article 73 of the Law on Plant Protection and Quarantine 2013 in case they fail to meet the regulated requirements;

- The manager of pesticide production establishment must provide the training on the use of pesticides; provide adequate professional training for employees who directly participate in the pesticide production;

- Comply with the regulations of the Laws on fire prevention and fighting, chemicals, Labor and environment;

- Comply with the regulations of the Laws on environmental protection tax and other relevant laws.

(Article 62 of the Law on Plant Protection and Quarantine 2013)

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