Introducing the Law on Plant Protection and Quarantine 2013 of Vietnam

On November 25, 2013, the National Assembly XIII of Vietnam approved the Law on Plant Protection and Quarantine No. 41/2013/QH13 at its 6th session.This Law was announced by the President of the State on December 06, 2013 and took effect from January 01, 2015.

The Law on Plant Protection and Quarantine of Vietnam consists of 5 Chapters, 77 Articles with the following contents:

Chapter I. General provisions

This Chapter consists of 13 Articles (from Article 1 to Article 13): Regulations on governing scope, applicable entities, definition of terms, rules of the plant protection and quarantine; Government policies on the plant protection and quarantine; information and communication on the plant protection and quarantine; responsibilities of the Government and Ministries; responsibilities of People’s Committees at all administrative levels; system of agencies specializing in the plant protection and quarantine; role of socio-political bodies, socio-occupational political institutions, social organizations and socio-occupational units; international cooperation in the plant protection and quarantine; fees and charges for the plant protection and quarantine; prohibited acts.

Chapter II. Control and prevention of harmful plant organisms

This Chapter consists of 11 Articles (from Article 14 to Article 24): Regulations on requirements for the control and prevention of harmful plant organisms; rights and obligations of plant owners; responsibility assumed by agencies specializing in the plant protection and quarantine; announcement of plant pests and diseases; combating plant pests and diseases; announcement of successful control of plant pests and diseases; reserves and use of pesticides listed in the nomenclature of state-reserved commodities; budget for the prevention and control of plant pests and diseases; contents of plant protection services; requirements for plant protection services; rights and obligations of plant protection service providers.

Chapter III. Plant quarantine

This Chapter consists of 23 Articles (from Article 25 to Article 47): Regulations on the plant quarantine; requirements for plant quarantine articles to be imported; pest risk analysis; application and procedures for the issuance of the phytosanitary certificate for imported plants; plant quarantine for the purpose of importation; plant quarantine after importation; plant quarantine for the purpose of exportation; in-transit plant quarantine; processes and procedures for applying for the phytosanitation of imported, exported and in-transit plants and issuance of the phytosanitary certificate; suspension and prohibition of plant quarantine articles for exportation and importation; treatment practice of plant quarantine articles; requirements for the certification of the practicing treatment of plant quarantine articles; application, procedure and authority for the certification of the treatment practice of plant quarantine articles; application document and procedure the certification of the treatment practice of plant quarantine articles; validity of the practicing certificate of the treatment of plant quarantine articles; rights and obligations of the practicing organization of the treatment of plant quarantine articles; domestic plant quarantine; responsibility assumed by agencies specializing in the plant protection and quarantine for the plant phytosanitation; duties and powers of plant quarantine officers; regulations on clothes of plant quarantine officers; rights and obligations of the owner of plant quarantine articles.

Chapter IV. Pesticide management

This Chapter consists of 04 Sections, 28 Articles (from Article 48 to Article 75):

Section 1. Pesticide management and registration, including 07 Articles (from Article 48 to Article 54): General provisions; unregistered pesticides or those that are removed from the Nomenclature of permitted pesticides in Vietnam; organization and individual entitled to register their pesticides in Vietnam; application and procedure for the issuance of the certificate of pesticide registration; application and procedure for the renewal of the certificate of pesticide registration; application and procedure for the reissuance of the certificate of pesticide registration; revocation of the certificate of pesticide registration.

Section 2. Pesticide testing, including 06 Articles (from Article 55 to Article 60): Pesticide testing; applications and procedures for issuing pesticide testing permits; re-issuance of pesticide testing permits; revocation of pesticide testing permits; requirements for pesticide testing organizations; rights and obligations of pesticide testing organizations.

Section 3. Manufacture, trade, importation, exportation, transportation, storage, advertisement, packaging, labeling and use of pesticide, including 12 Articles (from Article 61 to Article 72): Requirements for pesticide manufacturers; rights and obligations of pesticide manufacturers; requirements for trading pesticides; rights and obligations of pesticide trading entities; application, procedure for and authority to issue and revoke the Certificate of eligibility for pesticide production or the Certificate of eligibility for pesticide trading; valid period of Certificate of eligibility for pesticide production or trading; import and export of pesticides; transporting pesticides; preservation of pesticides; advertisement of pesticides; packages and labels of pesticides; rights and obligations of pesticide using entities.

Section 4. Recall, destruction, collection of and measures for pesticide package after use, including 03 Articles (from Article 73 to Article 75): Recall and management of pesticides; destruction of pesticides; collection and management of used pesticide packages.

Chapter V. Implementation

Including 02 Articles (Articles 76 and 77): Regulations on effect and specific provisions.

Source: Thai Binh Provincial Portal

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