Lao

Legal Document

Title: Ministerial order on tightening the level of phytosanitary control for exporting plants to be in line with the Phytosanitary regulations of the destination country No. 2136/MAF
Type: Order
Issuing Agency: Ministry of Agriculture and Forestry
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 20-10-2011

Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity

Ministry of Agriculture and Forestry     No. 2136/MAF
Vientiane, dated 20 Oct 2011

Ministerial Order on
Tightening Plant Export Control and Inspection to Comply with Phytosanitary Regulations of Importing Country

For the attention of: Director General of Departments, Agencies and institutions of Ministry of Agriculture and Forestry, Directors of Provincial and Vientiane Capital City Agricultural and Forestry offices, Heads of Plant Protection Border check points

  • Pursuant to the Plant Protection Law Not 06/NA Dated 9 December, 2008;
  • Pursuant to the Decree of Prime Minister No 1428/NA on the Role and Function of the Ministry of Agriculture and Forestry;
  • Pursuant to the report of the Department of Agriculture No 1198/DOA Dated 17 October 2011

Plant Protection and plant quarantine are a mission in the policy of the government on opening its doors to international cooperation particularly in the area of exchanging lesson learned, information, research, technology as well as implementing  the Conventions and Agreements concerning Phytosanitary [measures] of which Lao PDR is a contracting party.

            In recent years, Lao PDR has been widely exchanging agricultural commodities within the region and globally which is considered an important contribution to the national socio-economic development. However, the transaction of exchange and trade somehow is not in consistence with phytosanitary regulations of the importing countries which cause some consequences such as the export of plant is fined and penalties are raised by the destination country.

            In order to facilitate the export and service providers on phytosanitary [matters]; to avoid the negative impact on plant commodity production exported from Lao PDR to international markets in the short and long term and also to ensure the implementation of phytosanitary regulations of the International Plant Protection Convention (IPPC), WTO- Sanitary and Phytosanitary Agreement (SPS-WTO) and regulation on phytosanitary of importing country.

The Minister of Agriculture and Forestry issues orders as follows:

1. The Department of Agriculture (DOA) shall collaborate with relevant sectors whether at central or local level to seek information and regulations on the requirements of the importing country. In particular, the list of regulated articles from the authority of the importing country, which has competency to issue an import permit, of major trading partners of Lao PDR  including Thailand, Vietnam, China, Japan, European countries and others. This will ensure that exporters and phytosanitary service providers have proper information and regulations and are able to follow them at an early stage.

2. The DOA shall elaborate the export procedure guidelines for plants that are listed as regulated articles by major trading partner countries of Lao PDR. In addition, DOA shall provide information on production practice and pest status to the relevant authority of the importing country that will define the terms, initiate negotiations and define phytosanitary requirements and other measures in order to conduct pest risk analysis to enable Lao’s entrepreneurs to comply.

3. The Provincial and Capital City Agriculture and Forestry (PAFO) shall advertise and disseminate information on export plant and plant product to stakeholders, who are involved in the supply chain starting from the production stage to the export stage, especially the list of regulated articles that is notified by the Sanitary and Phytosanitary Notification Point (SPS Notification) of the trading partner. Where the stakeholder has a plan to produce and export a plant that is listed as a regulated article by the importing country, he/she shall urgently contact DOA to arrange collecting and submitting information on production practice and pest status to the importing country to conduct pest risk analysis and define import phytosanitary requirements that will be used as a measure to authorize the import.

4. All Plant Protection Border check points over the country shall strictly rely  for their  inspection of export plant and plant products on the International standard for phytosanitary measure (ISPM) No 23: Guideline on Inspection which is developed by IPPC. This will ensure that the consignment is accompanied with completed document that comply with the requirements of the importing country. Before a plant or plant product can be exported, it shall be subjected to phytosanitary certification which is authorized by the plant protection administration or National plant protection organization of which DOA, Provincial Agricultural sector and District Agricultural unit serve as the executing organ to their higher administrative body.

5. The Competent Authority shall not issue a phytosanitary certificate for plant and plant products that are listed as prohibited articles by the importing country. Except where it receives a special import authorization given by the competent authority of the importing country, the officer shall ensure his phytosanitary inspection and certification are consistent with the phytosanitary requirements as defined in the import permit document.

6. The DOA, the Department of Planting, PAFOs and Plant Protection Border checkpoints shall strictly consult with each other and regularly report progress to the Minister of Agriculture and Forestry with regard to strengthening the provisions and about constraints in implementing  this order in order to find a timely solution.

7.    This order comes into force from the date of its signature.

Minister of Agriculture and Forestry
 Vilayvanh Phomkhe

CC:

1.    Central Party office
2.    Prime minister office
3.    Ministry of Industry and Commerce
4.    National Trade and Industry Association
5.    Commodity production coordinator office