What are the requirements for plant protection services in Vietnam? - Minh Ngoc (Dong Thap)
Requirements for plant protection services in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Clause 1, Article 23 of the Law on Plant Protection and Quarantine 2013, organization and individual shall be entitled to provide plant protection services provided that they can satisfy the following requirements:
- Any entity who directly supply plant protection services must achieve an associate degree or higher in agriculture, horticulture, plant protection, biology or a certificate of completion of training in the plant protection;
- Relevant facilities and equipment required to provide plant protection services must be made available;
- Contact address must be definite and lawful;
- A written consent from the People’s Committee of the hamlet where these organizations, individuals are legally located must be present.
Rights and obligations of plant protection service providers in Vietnam according to Article 24 of the Law on Plant Protection and Quarantine 2013 are as follows:
- Plant protection service providers shall have the following rights:
+ Receive payments for their provision of plant protection services under the contract with plant owners;
+ Attend training courses to improve knowledge about the control and prevention of harmful organisms, depending on specific conditions at each locality;
+ Participate in information and communication programs for the prevention and control of harmful organisms on plants;
+ Exercise their right to lodge an appeal against the conclusion and decision of competent inspection and state management agencies under legal regulations on appeals.
- Plant protection service providers must fulfill the following obligations:
+ Keep satisfying necessary requirements under regulations described in Article 23 of this Law in the course of providing plant protection services;
+ Comply with legal regulations on the plant protection and quarantine;
+ Observe legal regulations on contracts and laws on labor as well as other obligations;
+ Pay compensations under legal regulations.
Responsibility assumed by agencies specializing in the plant protection and quarantine in Vietnam according to Article 16 of the Law on Plant Protection and Quarantine 2013 are as follows:
- Investigate and detect harmful organisms; determine the appearance, introduction, geographical distribution and impact of harmful organisms. Timely report relevant information about harmful organisms and provide instructions on controlling plant pests and pathogens.
- Receive and process the information as well as recommend proper measures that should be applied to control and prevent harmful organisms reported by any plant owner, organization or individual.
- Develop and maintain the system of plant pest surveillance, alert and pest controls; set up plant protection and quarantine database.
- Transfer scientific and technological advances in the prevention and control of harmful organisms on plants.
- Organize training courses to improve knowledge for pest control officers, technicians and manufacturers.
- Consult with State management agencies to direct and organize the plant pest control; examine and verify relevant information about harmful organisms to propose the announcement of plant pests and diseases as well as the announcement of successful control of plant pests and diseases; submit the proposal for the allotment of pesticides which are stored for the national security purpose, propose policies on supporting the prevention and control of plant pests and diseases as well as the manufacturing restoration and development.
- Assess and measure any loss or damage caused by plant pests and pathogens as well as recommend subsidy rates and remedial measures.
- Provide information and instructions on pest controls; track, analyze and assess the efficiency of pest controls.
- Deliver periodical or sudden reports on plant protection activities and outcomes in case of the outbreak of plant pests and diseases in localities to the directly managing agencies and superior agencies specializing in the plant protection and quarantine.
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