Requirements for trading pesticides in Vietnam

Requirements for trading pesticides in Vietnam
Lê Trương Quốc Đạt

What are the latest regulations on the requirements for trading pesticides in Vietnam? - Thanh Ngoc (Tay Ninh)

Requirements for trading pesticides in Vietnam (Internet image)

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

1. Requirements for trading pesticides in Vietnam

According to Clause 1, Article 63 of the Law on plant protection and quarantine 2013, pesticide traders must fulfill all the following requirements:

- They must have a lawful store which has sufficient area and is located at a safe distance away from people, domestic animals in order to ensure the safety for them and protect the environment according to the legal regulations;

- The entity must have proper warehouse and equipment in order to store the pesticide and deal with any trouble that arises;

- The owner and the salespersons of the store must achieve an associate degree in plant protection, cultivation, biology or chemistry or any higher degree, or a certificate of completion of the professional training on pesticides.

2. Entitlements and Obligations of pesticide trading entities in Vietnam

Entitlements and Obligations of pesticide trading entities in Vietnam according to Article 64 of the Law on plant protection and quarantine 2013 are as follows:

- Pesticide traders are entitled to:

= Trade finished pesticide products listed in the Nomenclature of permitted pesticides;

= Be provided with relevant information and guidance related to the pesticides;

= Be provided with the training on the safe use, storage, transportation and problem-solving skills related to the pesticides for the owner and the salespersons of the store.

- The pesticide trader must:

= Comply with the regulations of the Law on managing pesticides;

= Only let employees sell pesticide if they are healthy and have been trained properly;

= Publish the selling price and keep logbook for the sale of pesticides;

= Give instruction manuals of using the pesticides to buyers according to their labels;

= Take remedial measures on finding any leakage and dispersion of pesticide that may cause negative impacts on human, animal health and the environment, send a report to the People’s Committee of commune in order for the People’s Committee to supervise, give warnings and take preventive measures to prevent any unexpected situations.

= Only sell pesticides serving as a vapor steam cleaner to the person who holds the practicing card of plant quarantine article treatment or the organization that hold the practicing certificate of plant quarantine article treatment;

= Provide relevant information about the sale of pesticides for competent agencies upon request;

= Compensate for any damage at the trader’s fault according to the regulations of the Law;

= Notify the direct distributor or the manufacturer of any pesticide that is found not to meet the requirements in order for the distributor or the manufacturer to recall such sold pesticide; Participate in recalling the sold ineligible pesticide;

= Comply with the regulations of the Laws on fire prevention and fighting, chemicals, occupational and environmental safety;

= Comply with the regulations of the Laws on environmental protection tax and the relevant regulations.

3. Regulations on preservation of pesticides in Vietnam

Regulations on preservation of pesticides according to Article 69 of the Law on plant protection and quarantine 2013 are as follows:

- The preservation of pesticides must comply with the guidance on the preservation of the manufacturer which is printed on the labels or packages; ensure the safety of people, animal and environment.

- Pesticides preservation warehouses must have the safe distance from schools, hospitals, residential areas, ensure the technical requirements for preservation; ***; have equipment for handling troubles which is suitable to the nature of the preserved pesticides; comply with the regulations of the Laws on fire prevention and fighting; chemicals, work safety and environmental protection.

- Bio-pesticide preservation warehouses which are not subject to the regulation in Clause 2 of Article 69 of the Law on plant protection and quarantine 2013 must ensure no serious harm to the environment.

-. If a pesticide is leaking or dispersing that may be harmful to people, animals and the environment, pesticide storage entity must take necessary measures for controlling the consequence and report the situation to the People’s Committee of the commune in which the trouble takes place in order for the People’s Committee to monitor, give warnings, and take measures for negative result prevention. The entity who preserves such pesticide shall bear all costs of remedial measures for the trouble and compensate for the damages.

- The Minister of Agriculture and Rural Development shall provide National technical regulations and detailed requirements applied to pesticide preservation warehouse.

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