Thông tư 15/2021/TT-BNNPTNT sửa đổi Thông tư 05/2015/TT-BNNPTNT và Thông tư 33/2014/TT-BNNPTNT

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015, providing the order and procedures for granting practice certificates for treatment of articles subject to plant quarantine and the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine

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Pursuant to the Law on Plant Protection and Quarantine;

Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Plant Protection Department;

The Minister of Agriculture and Rural Development promulgates the Circular amending and supplementing a number of articles of the Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015, providing the order and procedures for granting practice certificates for treatment of articles subject to plant quarantine and the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine.

Article 1. To amend and supplement a number of articles of the Minister of Agriculture and Rural Development’s Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015, providing the order and procedures for granting practice certificates for treatment of articles subject to plant quarantine

1. To amend and supplement Article 3 as follows:

“Article 3. Charges

Organizations and individuals practicing the treatment of articles must pay charges for appraising the dossier and granting practice certificates for treatment of articles subject to plant quarantine according to regulations of the Ministry of Finance on charges in plant quarantine and protection in the agricultural sector.”

2. To amend and supplement Clause 4 Article 8 as follows:

“4. Within 03 working days after receiving a valid dossier, the Plant Protection Department shall grant the practice card for treatment of articles subject to plant quarantine according to the form provided in Appendix VI to this Circular; in case of refusal to grant the practice card, there must be a written reply clearly stating the reason.”

3. To replace Appendix IV attached to the Minister of Agriculture and Rural Development’s Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015, providing the order and procedures for granting practice certificates for treatment of articles subject to plant quarantine by the Appendix attached with this Circular.

4. To annul Point b Clause 1 Article 8.

Article 2. To amend and supplement a number of articles of the Minister of Agriculture and Rural Development’s Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine

1. To add Clause 5 Article 3 as follow:

“5. Harmful organism assessment institutions mean plant quarantine agencies, harmful organisms assessment laboratories of the Plant Protection Department.”

2. To amend and supplement Article 5 as follows:

“Article 5. Charges

Article owners must pay charges for plant quarantine, harmful organism assessment in accordance with the law.”

3. To amend and supplement Clauses 2 and 3, Article 6 as follows:

“2. The plant quarantine certificate issued by a competent plant quarantine agency of the exporting country or a copy or an electronic of such certificate.

In case the article owner submits a copy or an electronic of the plant quarantine certificate, he/she must submit the original before the lot of articles is granted a plant quarantine certificate for import, transit or domestic transportation.

3. The permit for plant quarantine upon import or a certified copy or an electronic of such permit (in case a permit is required).”

4. To amend and supplement Clause 3 Article 7 as follows:

“3. Inspection of articles

a) Based on dossier examination results, the plant quarantine agency shall decide on the place of quarantine and assign an officer to inspect the lot of articles in the following order:

Preliminary inspection: To inspect the outside of the lot of articles, its packaging and carrier; slits, interstices and places where harmful organisms may hide; to collect insects that fly around, creep on or cling onto the lot of article;

Detailed inspection: To inspect the inside of the lot of articles and take samples according to National Technical Regulation QCVN 01-141:2013/BNNPTNT on phytosanitary sampling methods; to collect articles showing harmful signs or harmful organisms;

b) Assessment of harmful organisms

The plant quarantine agency shall send the collected samples of articles subject to plant quarantine, articles showing harmful signs, and harmful organisms to the harmful organism assessment institutions. The harmful organism assessment institutions shall conduct the assessment of harmful organisms and return the results to the plant quarantine agency.”

5. To amend and supplement Clause 2 Article 9 as follows:

“2. The plant quarantine certificate issued by the exporting country or an electronic of such certificate (in case of re-export).”

6. To amend and supplement Clauses 2 and 3, Article 11 as follows:

“2. The plant quarantine certificate issued by the exporting country or a copy or an electronic of such certificate.

In case the article owner submits a copy or an electronic of the plant quarantine certificate, he/she must submit the original before the lot of articles is granted a plant quarantine certificate for import, transit or domestic transportation.

3. The original permit for plant quarantine upon import or a certified copy or an electronic of such permit.”

7. To amend and supplement Clause 1 Article 18 as follows:

“1. To direct, guide and examine plant quarantine agencies, harmful organism assessment institutions in implementing this Circular.”

 Article 3. Effect

This Circular takes effect on January 21, 2022.

Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development (the Plant Protection Department) for consideration and settlement./.

For the Minister

The Deputy Minister

Le Quoc Doanh