Plant varieties, animal breeds and plant gene sources

Member: 
Viet Nam
Legislations
Product Category

Basic information

1

Outline of the system

2

Product coverage

Plant varieties, animal breeds and plant gene sources, import of pesticide and import of objects on the list of objects that have to undergo pest risk analysis before import.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

Non-automatic licensing to protect human, animal or plant life and health; protect environment

5

Products under restriction as to the quantity or value of imports

6

Questions for products under restriction as to the quantity or value of imports

7

The system applies to products originating from which country?

8

Expected duration of licensing procedure

Ongoing

Legal requirements

9

Is the licensing statutorily required?

Circular 30/2014/TT-BNNPTNT dated 5 September 2014 promulgating the List of objects subject to plant quarantine, the List of objects subject to plant quarantine which must undergo pest risk analysis before being imported into Viet Nam of the Ministry of Agriculture and Rural Development; Circular 15/2018/TT-BNNPTNT dated 29 October 2018 on HS code for products under administration of Ministry of Agriculture and Rural Development of the Ministry of Agriculture and Rural Development; Circular 43/2018/TT-BNNPTNT regulating the export and import of plant varieties, animal breeds and plant gene sources, import of pesticide and import of objects on the list of objects that have to undergo pest risk analysis before import of the Ministry of Agriculture and Rural Development; Decree No. 15/2018/ND-CP dated 02 February 2018 on elaboration of some articles of the law of food safety.

10

Does the legislation leave designation of products to be subject to licensing to administrative discretion?

11

Is it possible for the government to abolish the system without legislative approval?

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

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What persons or firms are eligible to apply for a licence?

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

Plant Protection Department, Ministry of Agriculture and Rural Development

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Address

No.149 Ho Dac Di Street, Dong Da District, Ha Noi

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Telephone

+84 243.857.4663

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Fax

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E-mail address

bvtv@mard.gov.vn

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Website

www.ppd.gov.vn

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Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Plant Protection Department, Ministry of Agriculture and Rural Development

Documentation requirements

24

What information is required in applications?

25

What documents is the importer required to supply with the application?

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

Issuing the license

28

Can a licence be granted immediately on request?

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

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Which administrative body is responsible for approving application of licences?

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

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What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

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Are the reasons for any refusal given to applicants?

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Have applicants a right of appeal in the event of refusal to issue a licence?

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If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

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What documents are required upon actual importation?

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Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

51

Is a licence required as a condition to obtaining foreign exchange?

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?