Thông tư 34/2018/TT-BNNPTNT sửa đổi Thông tư 33/2014/TT-BNNPTNT và 20/2017/TT-BNNPTNT do Bộ trưởng Bộ Nông nghiệp và Phát triển nông thôn ban hành

CIRCULAR

ON AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 33/2014/TT-BNNPTNT DATED OCTOBER 30, 2014 AND CIRCULAR NO. 20/2017/TT-BNNPTNT DATED NOVEMBER 10, 2017 OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to the Law on Fisheries dated November 21, 2017;

Pursuant to the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 on elaboration of some Articles of the Law on Food Safety;

Pursuant to the Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of feeds;

At the request of the Director of the Plant Protection Department, the General Director of the Directorate of Fisheries and the Director of the Department of Livestock Production;

The Minister of Agriculture and Rural Development hereby promulgates a Circular on amendments to some Articles of the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture And Rural Development.

Article 1. Amendments to some Articles of the Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development on procedures for plant quarantine for import, export, transit and post-import of articles subject to plant quarantine

1. Article 1 is amended as follows:

“Article 1. Scope

This Circular provides for:

1. Procedures for issuance of Phytosanitary Certificate for import/export/transit with regard to articles required to undergo plant quarantine; post-import plant quarantine.

2. Guidelines for plant quarantine and inspection of food safety of plant source goods with respect to import shipments (shipments of articles) that have to undergo both plant quarantine and state inspection of safety of imported foods (state inspection of imported foods).

3. Guidelines for plant quarantine and state inspection of quality of imported plant source animal and aquaculture feeds (hereinafter referred to as “imported plant source feeds”) before customs clearance with respect to shipments (shipments of articles) that have to undergo both plant quarantine and state inspection of quality”.

2. Clause 1 of Article 1 is amended as follows:

“1. Application for plant quarantine

The applicant shall submit 01 application for quarantine of imported plants to a plant quarantine authority, whether directly or by post or through the National Single-Window System (online)”.

3. Articles 7a and 7b are added as follows:

“Article 7a. Applications and procedures for plant quarantine and inspection of food safety of plant source goods that have to undergo both plant quarantine and state inspection of food safety

1. Applications for plant quarantine and inspection of food safety of imported plant source goods shall be prepared as prescribed in Clauses 2 and 3 Article 6 of this Circular and Clause 2 Article 18 of the Government’s Decree No. 15/2018/ND-CP dated February 02, 2018 (hereinafter referred to as “the Decree No. 15/2018/ND-CP”).

The registration of plant quarantine and inspection of food safety of imported plant source goods shall be prepared using the form in the Appendix Ia hereof.

2. Procedures for plant quarantine and inspection of food safety of imported plant source goods are specified in Article 7 of this Circular and Article 19 of the Decree No. 15/2018/ND-CP.

3. The Certificate of plant quarantine and inspection of food safety of imported plant source goods shall be issued using the form in the Appendix IIa hereof with respect to shipments that are free from quarantine pests or pests under control in Vietnam or alien pests and satisfy requirements on safety of imported foods.

Article 7b. Applications and procedures for quarantine and state inspection of quality of shipments of imported plant source feeds that have to undergo both plant quarantine and state inspection of quality

1. Applications for plant quarantine and state inspection of quality of imported plant source feeds shall be prepared as prescribed in Clauses 2 and 3 Article 6 of this Circular and regulations of law on feeds.

The registration of plant quarantine and inspection of quality of imported plant source feeds shall be prepared using the form in the Appendix Ib hereof.

2. Procedures for plant quarantine and state inspection of quality of imported plant source feeds are specified in Article 7 of this Circular and regulations of law on feeds.

The applicant shall submit 01 application for plant quarantine and inspection of quality of imported plant source feeds to a plant quarantine authority, whether directly or by post or through the National Single-Window System (online)”.

4. Articles 18a and 18b are added as follows:

“Article 18a. The power to carry out state inspection of quality of imported plant source feeds

1. The Plant Protection Department shall organize the state inspection and receipt and handling of administrative procedures related to inspection of quality of imported plant source feeds that are required to undergo plant quarantine before customs clearance in accordance with regulations of the law on quality of products and on feeds.

2. Regarding imported plant and animal source feeds, the Plant Protection Department shall organize the state inspection of their quality if the goods owner so requests. Where necessary, the Plant Protection Department shall notify the Department of Animal Health for cooperation in inspection.

Article 18b. Responsibilities of authorities in charge of state inspection of imported plant source feeds that are required to undergo plant quarantine

1. The Plant Protection Department shall provide data on and results of state inspection of quality of imported plant source feeds that have to undergo both plant quarantine and state inspection of quality to the Directorate of Fisheries and Department of Livestock Production on a daily basis or upon request.

2. The Directorate of Fisheries or Department of Livestock Production shall immediately notify the Plant Protection Department of violations against regulations on quality of imported plant source feeds that have to undergo both plant quarantine and state inspection of quality that are found while such feeds are being sold on the market”.

Article 2. Amendments to some articles of the Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development on guidelines for the Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of feeds

1. Clauses 2a and 3a are added to Article 9 as follows:

“2a. Regarding imported feeds, administrative procedures for both plant quarantine and state inspection of imported feed quality shall be initiated:

If the result of quality inspection is not satisfactory, the organization designated to carry out inspection shall send a notification of inspection result to the Plant Protection Department and inspected entity, whether by post, fax or email.

Within 07 working days from the receipt of the notification, if the inspected entity does not appeal against the inspection result, the Department of Animal Health shall take actions against violations as prescribed by law.

3a. Appeals against about results of inspection of quality of imported feeds shall be settled concurrently with administrative procedures for both plant quarantine and state inspection of imported feed quality:

In case of disagreement with the quality inspection result, the inspected entity is entitled to submit a written request for re-inspection and re-analysis to the Plant Protection Department.

The Plant Protection Department shall carry out a test again or take other samples (when necessary) and send them to another designated testing laboratory. Result of this test serves as the basis for giving a final conclusion.

In the cases where there is only 01 designated testing laboratory, the Plant Protection Department may send testing samples to a foreign laboratory recognized by regional or international accreditation organizations or designated/recognized by the Ministry of Agriculture and Rural Development.”

2. Clause 4 is added to Article 11 as follows:

“4. The Plant Protection Department shall organize the state inspection and receipt and handling of administrative procedures related to inspection of quality of imported plant source feeds that are required to undergo plant quarantine before customs clearance in accordance with regulations of the Government’s Decree No. 39/2017/ND-CP dated April 04, 2017.”

Article 3. Effect

1. This Circular comes into force from January 01, 2019.

2. Article 1 of the Circular No. 30/2017/TT-BNNPTNT dated December 29, 2017 of the Minister of Agriculture and Rural Development is repealed.

Article 4. Transition clauses

1. While the software has not been completed to initiate procedures for both plant quarantine and inspection of quality of imported plant source feeds through the national single-window system, the Directorate of Fisheries or the Department of Livestock Production shall continue to initiate procedures related to state inspection of quality of feeds through the national single-window system within 06 months from the effective date of this Circular.

2. In the cases where written approval for adoption of policy on temporary exemption from inspection or temporary reduced inspection granted by the Directorate of Fisheries or the Department of Livestock Production is available, such regulations shall continue to be applied until the expiry date of such written approval.

3. If applications for registration of inspection of quality, applications for temporary exemption from inspection or temporary reduced inspection of imported plant source feeds that are required to undergo plant quarantine are submitted to the Directorate of Fisheries or the Department of Livestock Production before the date of initiating procedures for both plant quarantine and inspection of quality of imported plant source feeds through the national single-window system, the Directorate of Fisheries or the Department of Livestock Production shall keep processing such applications as prescribed by law.

4. During the period a national technical regulation on feeds is not available, the bases for inspecting quality of imported plant source feeds are applied standards.

The Directorate of Fisheries and the Department of Livestock Production shall prepare and propose the promulgation of the national technical regulation on feeds as prescribed by law. Such regulation must come into force from January 01, 2020.

Article 5. Implementation

1. The Director of the Plant Protection Department, the General Director of the Directorate of Fisheries, the Director of the Department of Livestock Production and heads of relevant units, organizations and individuals are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration./.

APPENDIX IA

REGISTRATION FORM FOR PLANT QUARANTINE AND INSPECTION OF FOOD SAFETY OF IMPORTED PLANT SOURCE GOODS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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REGISTRATION OF PLANT QUARANTINE AND INSPECTION OF FOOD SAFETY OF IMPORTED PLANT SOURCE GOODS (1)

To: ……………………………………………………..(2)

Name of the applicant: .....................................................................................

Address: .......................................................................................................................

ID card/Citizen ID card (for individuals) No. …………., date of issue …………, place of issue …………….

Phone number: …………………………………... Fax/E-mail: ............................................

Hereby kindly request plant quarantine and inspection of food safety of the following import shipment: (3)

1. Name, address and phone number of the importer:............................................

2. Name, address and phone number of the trader responsible for goods quality:

…………………………………………………………………………………..

3. Shipment details:

4. Quantity and type of packaging: ..................................................................................

5. Net weight: ……………………………..Gross weight ...................................

6. Contract No. or payment document (L/C, TTr.) No. …………… Bill No. .....................

7. Name, address and phone number of the exporter: ..................................................

8. Origin: ...................................................................................................

9. Exporting country: ......................................................................................................

10. Expected importing date: .................................................................................

11. Checkpoint of departure (checkpoint of export): ..................................................................................

12. Checkpoint of arrival (checkpoint of import): .............................................................

13. Date of inspection: .................................................................................................

14. Location of inspection: ..................................................................................................

15. Means of transport: .......................................................................................

16. Purpose: .................................................................................................

17. Imported plant quarantine permit (if any): ...................................................

18. Number of physical certificate of plant quarantine and food safety inspection to be issued: ....................

19. Port of destination: ........................................................................................................

We are committed to: maintain the status quo of imports, transport them to the registered location and on the registered date, and only sell/use them after obtaining the certificate of plant quarantine and food safety inspection(5) as prescribed.

Confirmation by authority in charge of plant quarantine and food safety inspection

Goods are allowed to be transported to: ………………………………………………………………. (specify the location) to follow procedures for plant quarantine and food safety inspection (regarding the tightened inspection method) at ……(specify time), on (date)…….. (month) …….. (year)…….

Certification by customs authority

(In case the shipment is not allowed to be imported)

The shipment is not allowed to be imported into Vietnam for the reason that: …………………………………………

____________________

(1) This registration form is shown on 2 sides of an A4 page;

(2) Name of the authority in charge of plant quarantine and food safety inspection;

(3) All required entries, where applicable, shall be fully completed in a correct order;

(4) Number of the notification issued by the competent authority that the item has been inspected adopting the food safety inspection;

(5) This is required only when registering plant quarantine and inspection of food safety of imports.

Note: If the applicant has no seal, his/her ID card/Citizen ID card number shall be clearly specified.

APPENDIX IB

APPLICATION FORM FOR PLANT QUARANTINE AND INSPECTION OF QUALITY OF IMPORTED PLANT SOURCE FEEDS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

REGISTRATION OF PLANT QUARANTINE AND INSPECTION OF QUALITY OF IMPORTED PLANT SOURCE FEEDS

To: ……………………………………………………………………………………………

Confirmation by authority in charge of quarantine and quality inspection

Goods are allowed to be transported to: ……………………………………………………. (specify the location) to follow procedures for quarantine and quality inspection (regarding temporary reduced inspection) at ……(specify time), on (date)…….. (month) …….. (year)…….

After obtaining the Temporary Certificate of plant quarantine result or Phytosanitary Certificate, the shipment may be transported to the warehouse for inspection of quality of imported plant source feeds in accordance with regulations of law (regarding the policy on normal inspection/tightened inspection).

The shipment is only granted customs clearance after the Phytosanitary Certificate or Certificate of quality is obtained.

Certification by customs authority

(In case the shipment is not allowed to be imported)

The shipment is not allowed to be imported into Vietnam for the reason that: …………………………………………

APPENDIX IIA

CERTIFICATE OF PLANT QUARANTINE AND INSPECTION OF FOOD SAFETY OF IMPORTED PLANT SOURCE GOODS
(Enclosed with the Circular No. 34/2018/TT-BNNPTNT dated November 16, 2018 of the Minister of Agriculture and Rural Development)

CERTIFICATE OF PLANT QUARANTINE AND INSPECTION OF FOOD SAFETY OF IMPORTED PLANT SOURCE GOODS

No. ……………./20…………/GCNNK

1. Name, address and phone number of the importer:............................................

2. Name, address and phone number of the trader responsible for goods quality:

…………………………………………………………………………………..

...................................................................................................................................

3. Name, address and phone number of the exporter: ..................................................

4. Customs declaration No. (if any) ...................................................................................

5. Exporting country: ......................................................................................................

6. Name and address of manufacturer:………………………. Code (if any) ......................

7. Checkpoint of departure (checkpoint of export): ...........................................................

8. Checkpoint of arrival (checkpoint of import): ................................................................

9. Date of inspection: .................................................................................................

10. Location of inspection: ..................................................................................................

11. Food safety inspection method: ...................................................

12. Shipment details:

The above shipment has been inspected and no object subject to plant quarantine or object subject to quarantine control by Vietnam or harmful alien organism has been detected.

□ The above shipment has been inspected and detected……………. (specify the species) is an object subject to plant quarantine or subject to quarantine control by Vietnam. The shipment has been handled to completely remove the above harmful organism.

□ The above shipment has been inspected and a harmful alien organism has been detected. The shipment has been handled to completely remove the above harmful organism.

□ The above shipment has satisfied food safety requirements.

SEVERAL REQUIREMENTS FOR GOODS CONSIGNMENT AND RECEIPT:

□ The shipment is allowed to be used at the prescribed location;

□ The nearest plant quarantine authority/plant protection authority shall be immediately informed of any object subject to plant quarantine or object subject to control by Vietnam (during handling, transport, use, etc.)

□ Other requirements: ……………………………………………………………………………………

This Certificate is issued pursuant to:

□ Imported plant quarantine permit No. …………..dated ……/……/…………………………………..

□ Registration of plant quarantine and inspection of food safety of plant source goods;

□ Phytosanitary Certificate of the exporting country;

□ Result of inspection at plant quarantine laboratory;

□ Result of analysis of food safety parameters by designated conformity assessment body (in case of tightened inspection);

□ Packaging material treatment seal of the exporting country;

□ Other: …………………………………………………………………………………….

_______________________

Note: Goods are not permitted to be transported to other locations unless otherwise permitted by the authority in charge of plant quarantine and food safety inspection.

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