Cases of imposition of technical and quarantine measures in Vietnam

Cases of imposition of technical and quarantine measures in Vietnam (Internet image)

1. Objectives and principles of technical and quarantine measures in Vietnam

According to Article 60 of the Law on trade foreign management 2017, the objectives and principles of technical and quarantine measures are as follows:

* Objectives

 The imposition of technical and quarantine measures aims to ensure the quality of products and the safety of human health; protect animals, plants, ecological environment and biodiversity; prevent epidemics and ensure the national security and interests.

* Principles

The imposition of technical and quarantine measures shall comply with the following principles:

- The imposition shall be transparent, not discriminate and avoid creating unnecessary barriers to foreign trade activities, especially to exports;

- Measures for risk management shall be imposed within the allowable conditions and in accordance with the management requirements and international treaties to which the Socialist Republic of Vietnam is a signatory.

- The imposition shall ensure other principles in accordance with regulations of law on the quality of products, products, technical standards and regulations, food safety, measurements, phytosanitary measures and plant protection, veterinary medicine and prevention of infections.

2. Cases of imposition of technical and quarantine measures in Vietnam

2.1. Cases of imposition of technical measures on imports and exports in Vietnam

Goods imported and exported under the provisions of Article 61 of the Law on trade foreign management 2017 will apply technical measures including:

- Exports and imports shal; have their applied standards published and be labeled in accordance with regulations of law.

- Imports that are included in the list of goods and products and can cause the unsafely shall be managed in accordance with corresponding technical standards and other management measures as prescribed in regulations of law on the quality of products, products and technical standards and regulations.

- Imports that are processed or pre-packaged food, food additives, food processing aids, tools and materials for packaging and containing food that have obtained technical regulations shall comply with regulations in Clause 2 of this Article.

- Imports that are foods, food additives, food processing aids or tools and materials for packaging food that have not obtained technical regulations shall be published in accordance with regulations on food safety and have the publishing registered with the competent authority in accordance with regulations on food safety.

- Exports and imports that are functional food, micronutrient-enhancing food, genetically modified food or irradiated food shall obtain the certificates of free sale or health certificates in accordance with regulations of law.

- Imports that are means of measurement used for quantifying products and services in purchase, sale, payment, assurance of safety, protection of public health, environmental protection, inspection, judicial expertise and other official activities shall be controlled when being imported in accordance with regulations of law on measurement.

- Procedures for the imposition of technical measures on exports and imports shall comply with regulations of law on the quality of products and products, technical standards and regulations, food safety and measurement.

2.2. Cases of imposition of quarantine measures on imports and exports in Vietnam

* Imposition of sanitary measures on animals and animal products

Specifically, in Clause 1, Article 62 of the Law on trade foreign management 2017,  animals or animal products that shall be subject to sanitary measures before they are exported, imported, temporarily imported, re-exported, temporarily exported, re-imported, transferred from a border checkpoint to another one, sent to the bonded warehouses or transited through the territory of Vietnam shall be quarantined in accordance with regulations of law on animal health.

* Imposition of phytosanitary measures

Cases of application of real quarantine measures are specified in Clauses 1 and 2, Article 63 of the Law on trade foreign management 2017, specifically as follows:

- Products subject to phytosanitary measures before being exported, imported, temporarily imported, re-exported, temporarily exported, re-imported, transferred from a border checkpoint to another one, sent to the bonded warehouses or transited through the territory of Vietnam shall be carried out the phytosanitary measures in accordance with regulations of law on plant protection and phytosanitary measures.

- Plant varieties which are not included in the list of plant varieties that may be produced and traded in Vietnam or useful organisms used for plant protection in Vietnam shall be quarantined at the isolation zones after being imported.

* Imposition of measure of border health quarantine

Products subject to the border health quarantine before being exported, imported or transited through the territory of Vietnam shall be quarantined in accordance with regulations of law on prevention and control of infections.

(Clause 1, Article 64 of the Law on trade foreign management 2017)

Thanh Rin

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