Thông tư 14/2012/TT-BNNPTNT hướng dẫn hồ sơ nghiệp vụ kiểm dịch thực vật do Bộ Nông nghiệp và Phát triển nông thôn ban hành

CIRCULAR

GUIDING DOCUMENTS RELATED TO PHYTOSANITARY AFFAIRS

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government on functions, tasks, powers and organizational structure of Ministry of Agriculture and Rural Development and Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government on amendment to Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008;

Pursuant to Ordinance on Plant Protection and Phytosanitary No. 36/2001/PL-UBTVQH promulgated by the President dated August 8, 2001;

Pursuant to Decree No. 02/2007/ND-CP dated January 5, 2007 of the Government on phytosanitary;

At request of Director of Plant Protection Department;

Minister of Agriculture and Rural Development promulgates Circular guiding documents related to phytosanitary affairs.

Article 1. Scope

This Circular prescribes and guides completion and use of documents, records and seals in phytosanitary affairs; entitlement for signing and issuing seals on phytosanitary documents and responsibilities of agencies, organizations, individuals engaged in plant protection and phytosanitary.

Article 2. Regulated entities

This Circular applies to agencies, organizations and individuals engaged in plant protection and phytosanitary.

Article 3. Form of documents, records, seals and code schedule of phytosanitary entities

17 forms of documents related to phytosanitary affairs (Annex 1); 9 records for phytosanitary affairs (Annex 2); Form of phytosanitary seals (Annex 3) and Code schedule of phytosanitary entities and stations (Annex 4).

Article 4. Format of documents, records and seals for phytosanitary affairs

1. Format of documents for phytosanitary affairs under Annex 1

a) Forms No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, and 17 (Annex 1) shall be in A4 format (210 x 297 mm).

b) Forms No. 10 and 11 (Annex 1) shall use carbon continuous form paper with dimension of 219 x 305 mm (excluding paper outline). These 2 forms shall have designs and print template containing colored patterns over white background to be used with specialized software. Slips to be given shall come in light green pattern and background whereas slips to be retained shall come in yellow pattern over white background.

c) Forms No. 4, 5, 10, 11, 15, and 16 (Annex 1) are designed for displaying in both Vietnamese – English.

2. Format of records for phytosanitary affairs under Annex 2

a) Records shall have hard notebook, left indentation for title and paper with horizontal lines.

Labels of records shall contain name, entities producing the records and time of producing the records.

b) Records shall come in dimension of 33 x 26 cm. Import/export commodity records shall come in dimension of 42 x 32 cm and use a double page spread display.

c) Records on issuance of license for import phytosanitary are consolidated and extracted on a monthly basis from specialized software for storage.

3. Format of seals for phytosanitary affairs under Annex 3

a) Seals for phytosanitary affairs shall come in an elliptical shape. Dimension of 5 x 3 cm. The middle section shall display phytosanitary rank. Each end of the seals shall contain bear a star symbol. Outline of the seals shall contain 2 lines in English:

Top line: “Socialist Republic of Vietnam”

Bottom line “Phytosanitary Service”

b) Seals are issued by automatic numbering and self-inking seals which use green ink. Seal materials: oil-resistant rubber.

Article 5. Guiding completion and use of phytosanitary documents

1. Guidelines for completion of documents under Annex 1

a) Agency:

- Name of superior body: name of direct superior;

- Name of phytosanitary agency: name of phytosanitary agency that issues the document.

b) Documents on phytosanitary affairs shall be completed by selecting and ticking appropriate boxes, filling in information or registering according to specific demand for each form. In case no appropriate selection is available, specify the details in “other cases” section or “other conclusion” section on a case-by-case basis.

2. Guidelines for use of documents under Annex 1

a) Form No. 2 is issued by Plant Protection Department.

b) Forms No. 1, 3, 4, 9, and 14 shall be printed in advance to enable commodity owners, transport owners to declare.

c) Forms No. 5, 6, 12, 13, and 16 shall be printed in advance to enable phytosanitary officials to use during inspection of transport, specimen collection, investigation and supervision of sterilization according to phytosanitary affairs.

d) Forms No. 7, 8, 15, and 17 shall be produced on computer by phytosanitary agencies. In case phytosanitary stations have not installed computers, may use forms printed in advance in phytosanitary affairs.

dd) Forms No. 10 and 11 shall be produced by using specialized software for phytosanitary according to guidelines of Plant Protection Department and printed on templates of certificates issued by Plant Protection Department. In case stations have not installed computers, may use typewriters to include necessary details on the templates. The first slip (yellow pattern) is stored in phytosanitary agencies, subsequent slips (green pattern) are given to commodity owners. Master registers shall bear the “Origin” seal whereas copies shall bear the “Copy” seal. Number of certificates to be issued shall comply with application for phytosanitary (Form No. 9).

Numbering Forms No. 10 and 11 shall be performed as follows: Number issued by agencies or stations (6 digits)/year of issue (last 2 digits of the year)/code of agencies (2 digits) and code of phytosanitary stations (2 digits) (without space or underscore in between). Code of agencies and code of phytosanitary stations are under Annex 4 attached hereto.

Example: 000003/12/0502: Certificate No. 000003 issued in 2012 by Noi Bai Phyotsanitary Station affiliated to Phytosanitary Sub-department of Region V.

In case lists of plantation materials must be attached, issue phytosanitary seals on the back of certificates and the attached lists simultaneously.

Article 6. Guiding record completion and use of seals of phytosanitary affairs

1. Phytosanitary officials who fill in the records must ensure adequate information related to shipments in each section and column, clear and property handwriting, no correction made and ink type, color consistency. In case error correction is required, heads of agencies must verify the correction.

Records shall be written continuously page-by-page without leaving any blank page.

Records must be filled in regularly and promptly. Daily affair results must be included in records before 11 a.m. the following day.

Phytosanitary agencies may employ information technology in producing records on computers, regularly updating data and printing for storage while ensuring safe data storage.

2. Phytosanitary seals shall be issued in “Seal of agency” section under Forms No. 10 and 11 (Annex 1).

3. Management and storage of documents, records and seals of phytosanitary affairs shall conform to applicable regulations and law.

Article 7. Entitlement for signing, issuing seals in phytosanitary affairs

1. Form No. 2 (Annex 1) shall be signed and by heads of Plant Protection Department and sealed using seals of Plant Protection Department.

2. Forms No. 10 and 11 (Annex 1) shall be signed by heads of regional Phytosanitary Sub-departments or heads of Phytosanitary Stations affiliated to regional Phytosanitary Sub-departments and sealed with phytosanitary seals.

Plant Protection Department shall authorize Plant Protection Sub-departments of provinces to implement phytosanitary for import and export plants, sign and issue phytosanitary seals for Forms No. 10 and 11 (Annex 1). The authorized Plant Protection Sub-departments of provinces shall be legally responsible to Plant Protection Department for issuance of aforementioned documents.

3. Forms No. 3, 7, 8, 15, and 17 (Annex 1) shall be signed by heads of regional Phytosanitary Sub-departments, Phytosanitary Stations affiliated to regional Phytosanitary Sub-departments, authorized provincial Phytosanitary Sub-departments and sealed using respective seals.

4. Forms No. 5, 6, 9, 12, 13, and 16 (Annex 1) shall be issued by phytosanitary officials and sealed using seals of phytosanitary agencies (regional Phytosanitary Sub-departments, Phytosanitary Stations, provincial Plant Protection Sub-departments).

Article 8. Responsibilities of relevant agencies, organizations and individuals

1. Plant Protection Department

a) implementing, directing, guiding, inspecting production of phytosanitary affairs as per the law.

b) printing and issuing templates for Forms No. 10 and 11 (Annex 1) to regional Phytosanitary Sub-departments.

c) ordering phytosanitary seals for use on a nationwide scale.

2. Regional Phytosanitary Sub-departments

a) adopting procedures and producing documents regarding phytosanitary affairs within competence; guiding, expediting provincial Plant Protection Sub-departments to adopt procedures and produce documents regarding phytosanitary affairs as per the law.

b) providing specialized training regarding phytosanitary affairs for provincial Plant Protection Sub-departments.

c) issuing templates of Forms No. 10 and 11 (Annex 1) to authorized provincial Plant Protection Sub-departments; monitoring use of quantity and type of issued templates.

d) printing phytosanitary documents (other than Forms No. 2, 10, and 11 of Annex 1) and issuing documents at request for phytosanitary affairs.

3. Provincial Plant Protection Sub-departments

a) implementing phytosanitary affairs and producing phytosanitary documents according to this Circular and relevant documents within their competence.

b) for provincial Plant Protection Sub-departments authorized by Plant Protection Department, implementing following tasks:

- Registering specimen signature of heads of Sub-departments and competent individuals capable of signing Forms No. 10 and 11 (Annex 1) with Plant Protection Department. Changes must be immediately reported to Plant Protection Department.

- On a quarterly basis, provincial Plant Protection Sub-departments must submit reports on number of used certificates, remaining templates, submit slips for retention (yellow) and faulty documents to regional Phytosanitary Sub-departments in charge when applying for further issuance.

c) printing phytosanitary documents (other than Forms No. 2, 10, and 11 of Annex 1) and issuing documents at request for phytosanitary affairs.

5. Commodity owners are responsible for:

a) declaring according application submitted to phytosanitary agencies;

b) enabling phytosanitary officials to implement tasks as per the law;

c) complying with regulations in issued phytosanitary documents.

Article 9. Entry into force

This Circular comes into force from …………………, 2012 and replaces Decision No. 16/2004/QD-BNN-BVTV dated April 20, 2004 of Minister of Agriculture and Rural Development on regulations on procedures for inspecting commodities and producing phytosanitary documents.

Annul Annex 3 of Circular No. 18/2011/TT-BNNPTNT dated April 6, 2011 on amendment to regulations on administrative procedures in plant protection and phytosanitary according to Resolution No. 57/NQ-CP dated December 15, 2010 and Annexes 1, 2, and 3 of Circular No. 88/2007/TT-BNN dated November 1, 2007 of Ministry of Agriculture and Rural Development guiding domestic phytosanitary affairs.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry (Plant Protection Department) for consideration.

ANNEX I LIST OF DOCUMENTS FOR PHYTOSANITARY AFFAIRS
(Attached to Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012 of Ministry of Agriculture and Rural Development)

Documents for phytosanitary affairs consist of 17 forms:

1. Form No. 1 - Application for issuance of phytosanitary license for imported plants

2. Form No. 2 - Phytosanitary license for imported plants;

3. Form No. 3 – Registration for phytosanitary;

4. Form No. 4 - Declaration on phytosanitary;

5. Form No. 5 – Inspection records for phytosanitary with transports;

6. Form No. 6 – Phytosanitary and specimen collection records for commodities requiring phytosanitary;

7. Form No. 7 – Provisional phytosanitary results notice;

8. Form No. 8 - Phytosanitary Certificate for imported, transited and domestically transported plants;

9. Form No. 9 – Registration for phytosanitary of exported/re-exported plants;

10. Form No. 10 - Phytosanitary Certificate;

11. Form No. 11 - Phytosanitary Certificate for re-exported plants;

12. Form No. 12 – Investigation records regarding pests causing harms to plants subject to phytosanitary;

13. Form No. 13 – Investigation records regarding pests causing harm to agricultural product storage;

14. Form No. 14 – Declaration of imported plant cultivars

15. Form No. 15 – Order for retention and disposal of subjects of phytosanitary;

16. Form No. 16 – Supervision record for disposal of subjects of phytosanitary;

17. Form No. 17 – Notice on phytosanitary.

ANNEX II LIST OF RECORDS FOR PHYTOSANITARY AFFAIRS
(Attached to Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012 of Ministry of Agriculture and Rural Development)

Records for phytosanitary affairs consist of 09 forms:

1. Form No. 1 – Record on issuance of phytosanitary license for imported plants;

2. Form No. 2 - Record for monitoring imported commodities;

3. Form No. 3 – Record on specimen assessment and storage of imported commodities;

4. Form No. 4 – Record on monitoring import and informing cultivars;

5. Form No. 5 - Record for monitoring exported commodities;

6. Form No. 6 – Record on specimen assessment and storage of exported commodities;

7. Form No. 7 – Record for monitoring sterilization of imported commodities;

8. Form No. 8 – Record for monitoring transit commodities;

9. Form No. 9 – Record for monitoring administrative violations in phytosanitary. ANNEX III SEAL SAMPLE FOR PHYTOSANITARY AFFAIRS
(Attached to Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012 of Ministry of Agriculture and Rural Development)

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