Laws of Vietnam

DECISION No. 22/2000/QD-BTC OF FEBRUARY 21, 2000 ISSUING THE CHARGE AND FEE RATES FOR PLANT PROTECTION AND QUARANTINE

THE MINISTRY OF FINANCE

DECIDES:

Article 1.- To issue together with this Decision the Table of charge and fee rates for plant protection and quarantine.

Charges and fees for plant protection and quarantine shall be collected in Vietnam currency. Where a charge or fee rate is prescribed in US dollar (USD), it shall be converted into Vietnam currency at the exchange rate announced by the State Bank of Vietnam at the time of collection; if a foreign organization or individual wishes to pay charge or fee in a foreign currency, it/she/he can pay in USD at the prescribed rate.

Article 2.- Payers of charges and fees for plant protection and quarantine at the rates prescribed in Article 1 of this Decision are organizations and individuals that are provided with plant protection and quarantine by competent State agencies according to the provisions of law, except for the following cases which are exempt from charge or fee payment:

1. Quarantine of vegetable products hand-carried during the journey time.

2. Quarantine of flower bunches or wreaths according to diplomatic protocol upon entry or exit.

3. Quarantine of plant variety lots of small weight used for scientific and technical research or exchange (for non-business purposes) under decisions of the Minister of Agriculture and Rural Development.

Particularly the service for controlling organisms harmful to plant resources at cooperatives under the Cooperatives Law shall be subject to separate regulations.

Article 3.- The agencies collecting plant protection and quarantine charges and fees are allowed to deduct part of the collected charges and fees before remitting them into the State budget to fund the plant protection and quarantine activities as well as the organization of the charge and fee collection according to their estimates already approved by the competent authorities after having the written consent of the financial agency of the same level, given that the deducted amount must not exceed 80% (eighty per cent) of the collected charges and fees and the remainder (at least 20%) must be remitted into the State budget.

The agencies collecting plant protection and quarantine charges and fees shall have to organize the charge and fee collection, declare, remit, manage the use of, and settle the charges and fees collected in strict compliance with the provisions in the Finance Ministry’s Circular No. 54/1999/TT-BTC of May 10, 1999 guiding the implementation of the Government’s Decree No. 04/1999/ND-CP of January 30, 1999 on charges and fees belonging to the State budget.

Article 4.- This Decision takes effect 15 days after its signing. All regulations on plant protection and quarantine charges and fees contrary to this Decision are now annulled.

Article 5.- Organizations and individuals that have to pay plant protection and quarantine charges and fees, units assigned to organize the collection of plant protection and quarantine charges and fees and related agencies shall have to implement this Decision.

For the Minister of Finance
Vice Minister
Pham Van Trong

I. Fees for evaluation and granting of permits for import, export of and trading in plant protection drugs and for practicing sterilization

1. Evaluation and granting of permits for trading in plant protection drugs:

Fee rate for one granting

Ordinal Norms Domestic organizations Foreign organizations
Number and individuals, and individuals and
including foreign- overseas Vietnamese,
invested enterprises excluding foreign- (in 1,000 dong) invested enterprises
in Vietnam (in USD)

1 Evaluation and granting of papers
of registration and examination of plant
protection drugs for restricted use 600 150

2 Evaluation and granting of papers of
registration and examination of plant
protection drugs for extensive use 1,000 200

3 Evaluation and granting of papers of official
registration of plant protection drugs 3,000 500

4 Granting of papers of additional registration
of plant protection drugs (for each form
of addition) 600 150

5 Evaluation and granting of papers of re-
registration of plant protection drugs and
extension of registration papers 600 150

6 Evaluation of technical conditions and 2,000 500
granting of certificates of eligibility for
production, processing, bottling and/or
packaging plant protection drugs

7 Evaluation of technical conditions and 500 Subject to
granting of permits for trading in plant separate regulations
protection drugs

8 Evaluation and granting of permits for 500 Subject to separate
practicing plant protection regulations

2. Granting of permits for practicing sterilization

Norms Fee rate for one granting (in 1,000 dong)

1. Self-sterilization of one’s own objects 1,000

2. Sterilization of local goods 1,500

3. Sterilization of import and export goods 2,500

Permits for practicing sterilization have a term of 5 years. When a permit expires and a new permit is granted, a fee equal to 50% of the fee level for first-time granting shall be collected.

1. Inspection of plant protection drugs:

Ordinal Norms Domestic organizations Foreign organizations
Number and individuals, and individuals and
including foreign- overseas Vietnamese,
invested enterprises excluding foreign- (in 1,000 dong) invested enterprises
in Vietnam (in USD)

1 Inspection and granting of quality certificates
of plant protection drugs (excluding imported
and exported ones):

a. Quantitative analysis of plant protection drugs 200/1 active ingredient 30/ 1 active ingredient

(or 1 impurity) (or 1 impurity)

b. Qualitative analysis of plant protection drugs 400/ 1 impurity 60/ 1 impurity

c. Quantitative and qualitative analysis 550/ 1 active 80/ 1 active
of plant protection drugs ingredient ingredient

d. Quantitative analysis of herbal medicines 300/ 1 active 50/ 1 active
or those with active ingredient of Validamicin ingredient ingredient
A or rodenticides

e. Determination of physio - chemical
properties:

- Driftiness rate or durability during preservation 200/ 1 norm 30/ 1 norm

- Other properties 50/1 norm 8/ 1 norm

2 Registration for inspection, sampling, 0.1% (at least 300, 0.1% (at least 30,
inspection and granting of certificates of at most 20,000) at most 2,000)
quality of imported or exported plant
protection drugs

3 Inspection and granting of certificates of
residual quantities of plant protection drugs:

- 1 norm/1 sample 300 50

- The second norm onward (of the same drug 150/ 1 norm 20/ 1 norm
category) / 1 sample

4 Sampling expenses include: travel cost, According to reasonable actual spendings
sampling cost, sampling devices and sample
containers (not applicable to drugs imported
or exported under Decree No. 86-CP)

5 Testing of new plant protection drugs:

- Narrow testing (one kind of drug, one kind 5,500 700
of epidemic, one place, one kind of plant,
3-5 formulas, 3-4 times, an acreage of 25-50 m2 ).

- Wide testing (1 kind of drug, one kind of 5,000 600
epidemic, one place, one kind of plant,
4 formulas at most, minimum acreage of 300 m2).

2. Plant quarantine:

a. For lots of small weight:

Norms Quarantine charges (in 1,000 dong)

1. Lots of commercial goods: < 1 kg 10

1 - 10 kg 30

> 10 kg According to Item b

> 1 kg According to Item b

11 - 100 specimens 40

101 - 1,000 specimens 80

> 1,000 specimen 150

< 1 8 8 10 30 50 40 30 100 276

1 - 5 8 10 15 30 50 40 30 100 283

6 - 10 8 12 20 30 50 40 30 100 290

11 - 15 8 14 25 30 50 40 30 100 297

16 - 20 8 16 30 30 50 40 30 100 304

21 - 25 8 18 35 30 50 40 30 100 311

26 - 30 8 20 40 30 50 40 30 100 318

31 - 35 8 22 45 30 50 40 30 100 325

36 - 40 8 24 50 30 50 40 30 100 332

41 - 45 8 26 55 30 50 40 30 100 339

46 - 50 8 28 60 30 50 40 30 100 346

51 - 60 8 35 70 30 50 40 30 100 363

61 - 70 8 40 75 30 50 40 30 100 373

71 - 80 8 45 80 30 50 40 30 100 383

81 - 90 8 50 85 30 50 40 30 100 393

91 - 100 8 55 90 30 50 40 30 100 403

101- 120 8 60 100 30 50 40 30 100 418

121- 140 8 65 105 30 50 40 30 100 428

141-160 8 70 110 30 50 40 30 100 438

161-180 8 75 115 30 50 40 30 100 448

181-200 8 80 120 30 50 40 30 100 458

201-230 8 90 130 30 50 40 30 100 478

231-260 8 95 135 30 50 40 30 100 488

261-290 8 100 140 30 50 40 30 100 498

291-320 8 105 145 30 50 40 30 100 508

321-350 8 110 150 30 50 40 30 100 518

351-400 8 115 155 30 50 40 30 100 528

401-450 8 120 160 30 50 40 30 100 538

451-500 8 125 165 30 50 40 30 100 548

- The quarantine charge may also include the actual reasonable expense for traveling to the place of taking samples and inspection of objects subject to plant quarantine.

- Charges are collected according to the norms of analysis and inspection actually conducted.

- Expenses for growing, monitoring, examining and quarantine of imported plants in the nursery for a certain kind of plants are actually paid expenses.

c/ Lots weighing more than 500 (tons, m3) shall be classified according to lots in ship holds or warehouses for quarantine and calculation of quarantine charge, or apart from the quarantine charge paid for the lot weighing 500 tons, m3 an additional quarantine charge shall be collected for the amount in excess of 500 (tons, m3) (the paper charge for the whole lot remains unchanged).

d/ Foreign organizations and individuals and overseas Vietnamese (excluding foreign-invested enterprises in Vietnam) shall have to pay a surcharge equal to 100% of the levels prescribed in this Appendix.

e/ The fee for supervision and inspection of the sterilization of objects subject to plant quarantine shall be equal to 30% of the charge level prescribed in this Appendix. –