Vietnam: Handling violations against regulations on use of pesticides

Organizations and individuals using pesticides have the obligation to comply with Article 72 of the Law on Plant Protection and Quarantine 2013 of Vietnam (Law No. 41/2013/QH13 dated November 25, 2013 of the National Assembly of the Socialist Republic of Vietnam), specifically as follows:

- Follow the guidelines on using pesticide prescribed in Clause 3 Article 4 of this Law; follow the guidance printed on the labels;

- Use only the pesticides on the Nomenclature of permitted pesticides;

- Take necessary measures for control the consequence if any trouble or negative impact on people and the environment is detected during the use of pesticide, and report the situation to the People’s Committee of the commune in order for the People’s Committee to take timely remedial measures;

- Preserve pesticides, arrange used packages properly;

- Obtain a certificate of training on disinfecting steam treatment before using pesticides for such treatment according to the regulations of the Minister of Agriculture and Rural Development.

- Compensate for damages which are caused by using pesticides improperly.

Any organization or individual committing violations against regulations on use of pesticides shall be administratively handled according to Article 26 of Decree No. 31/2016/NĐ-CP dated May 06, 2016 of Vietnam’s Government on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine. To be specific:

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for any of the following violations:

a) Failing to follow instructions for use which are stated in labels of pesticides;

b) Failing to collect and put packages of used pesticides in regulated places.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following violations:

a) Using a type of pesticides whose commercial names are not in the list of pesticides permitted for use in Vietnam;

b) Using pesticides which are packed in the form of glass syringes.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for failing to follow instructions for use as stated labels of pesticides, leading to dangerous consequences.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for using pesticides which are in the list of pesticides banned from use in Vietnam.

5. Remedial measures

a) Destruct pesticides if any of the violations mentioned in Clauses 2, 4 of this Article is committed;

b) Implement measures for controlling environmental pollution if the violation mentioned in Clause 3 of this Article is committed.

(Note: These penalties shall apply to individuals. For organizations, penalties shall be doubled of those apply to individuals).

In order to strictly comply with regulations on the use of pesticides on crops and post-harvest handling of agricultural products, contributing to ensuring food safety, the environment, the Plant Protection Department recommends that users of plant protection drugs comply with the following regulations:

- Only use pesticides on the list of pesticides permitted for use in Vietnam. Do not use smuggled pesticides, banned pesticides, drugs outside the list, expired drugs.

- Use pesticides according to the 4 right principles (right drug, right time, right dose and concentration, right way).

- Carefully read pesticide labels before use, strictly follow the instructions on pesticide packaging, observe the isolation period when harvesting agricultural and forestry products to ensure that pesticide residue levels are below the allowable threshold.

- Collect packages of pesticides after use to enter the prescribed places for treatment and destruction according to regulations.

- In the process of using pesticides to prevent harmful organisms, if there are any questions, organizations and individuals can call the IPM Technical Department - Plant Protection Sub-Department for answers and advice.

- Promptly report to specialized agencies of the Plant Protection Sub-Department if any violations are detected in the trading and use of pesticides to control harmful organisms such as: trading and using drugs outside the list, smuggled drugs, banned drugs, expired drugs, etc.

Source: Department of Agriculture and Rural Development of Phu Tho province

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