Lao

Legal Document

Title: Notification on Enhancing the Implementation of Plant Protection Functions No. 1429/MAF
Type: Notification
Issuing Agency: Ministry of Agriculture and Forestry
Responsible Agency: Ministry of Agriculture and Forestry
Issuing Date : 18-11-2009


INDEX

1. Definition of Plant Protection
2. The duties of Agricultural Sectors on Plant Protection Functions

2.1. The Department of Agriculture (DOA)
2.2. The Provincial and Capital City Agriculture and Forestry Office (PAFOs)
2.3. The District and Municipality Agriculture and Forestry Offices (DAFOs)
2.4. Plant Protection Border Check Points

3. Plant Protection Officers (PPOs)
4. Application and Inspection of import/export plant

4.1. Import plant carried by passenger or by post
4.2. Import of plant commodities
4.3. Inspection of plant in transit
4.4. Inspection of plant for export

5. Domestic plant protection
6. Plant Protection Business
7. Implementing measures


LAO PEOPLE’S DEMOCRATIC REPUBLIC
Peace Independence Democracy Unity Prosperity

Ministry of Agriculture and Forestry              No. 1429/MAF
Vientiane, Dated 18 November 2009

Notification

To: Directors of the Province and Capital City Agriculture and Forestry Offices

Subject: Enhancing the Implementation of Plant Protection Functions

  • Pursuant to the Plant Protection Law No.06/NA, Dated 09/12/2008;
  • Pursuant to International Plant Protection Convention that LAO PDR is contracting party.

In the recent year, since the Lao government promulgated the Plant Protection Law, it has been transforming the movement of import/export plant and plant products into the regulatory control and compliance with relevant regulations, the agriculture production and agricultural exported commodities are generally protected from the invasion of dangerous pest and diseases. However, the outbreak of plant pests such  as coconut hispine beetle, fruit fly and coffee berry borer are still present in some local areas,  these are caused by domestic movement, import and export agriculture commodity products without subject to quarantine procedures and the inspection of plant protection officer at border check point.

In respond to those issues mentioned above and also reduce the risk of pest outbreak ensuring the security of the ongoing 25th SEA Games hosted by Lao PDR.

The Minister of Agriculture and Forestry issues the notification:

1. Definition of Plant Protection

The plant protection is the control, inspection of plant and plant products and other articles during its movement from an area to other according to the regulations, law and conforming to the technical principles aiming to limiting and obstructing the outbreak of plant pest,   protecting the outbreak of plant pest from an area to another in the country or introduction into the  country and spreading to other country. Top

2. The duties of Agricultural Sectors on Plant Protection Functions

2.1. The Department of Agriculture (DOA)

DOA is executive organ to Ministry of Agriculture and Forestry (MAF) on authorizing the issuance of import permit for plant and coordinating with local administration both inside the country and abroad, it is also the focal point of elaborating technical regulation, provide necessary information, and facilitate, monitoring and evaluation of plant protection function in the vertical line of administration throughout the country. Top

2.2. The Provincial and Capital City Agriculture and Forestry Office (PAFOs)

PAFOs have the duties to elaborate, guide, develop and disseminate the law and regulations on plant protection in order to implement within its own areas of responsibility and also coordinate with local authorities and public understanding and awareness, and contribute to the strict implementation the law. In additional, It also shall advise, monitor and evaluate the result of implementation of plant protection functions of the district and municipality agriculture and forestry offices and plant protection border check points, and regularly reported to MAF and the provincial and capital administrations. Top

2.3. The District and Municipality Agriculture and Forestry Offices (DAFOs)

DAFOs have the duties to implement, elaborate, guide and disseminate the law and regulations on plant protection through coordinating with the local authorities and other concerned sectors within the district, municipality for enhancing the public’s understanding and strictly contribution to implementation.  In additional, it also shall monitor and report periodically the outbreak of pests and the implementation of plant protection activities to the PAFO and the district and municipality administrations. Top

2.4. Plant Protection Border Check Points

Plant Protection Border Check Points have the duties to disseminate the law and regulations on plant protection and strictly, correctively and promptly perform the duties in accordance with the roles, function and technical norms. It also obstruct violation of the law and regulation related to plant protection and inform concerned sectors to prosecute violators; examine the  validity of document and facilitate import - export plant, plant product in the maner fast and correct in line with the law and regulations, beside that it shall the isolate the plant and plant products, and inform the plant owner to carry out treatment or return or destroy plant in case of pests presence;  collect technical services charge and fees as prescribed by government law and regulation. Top

3. Plant Protection Officers (PPOs)

PPOs have duties to strictly, correctively and promptly perform their own duties in accordance with the roles, function and technical norms at the plant protection border check point. They shall be appointed by the PAFO and holding the identity card which is accredited by the DOA through the training course. PPO shall wear uniform with insignia and carry an identity card which are authorized by the DOA. The PPO may have technical assistants  who is accredited and issued the identity card of plant protection assistant by the PAFO according to technical standard prescribed by DOA. Top

4. Application and Inspection of import/export plant

The organizations, companies or individual are prohibited to import plant, plant products and other materials which are regulated by the plant protection law, except it is authorized by DOA and the import of plants, plant products and other articles shall pass through the plant protection border check point designed by MAF. Top

4.1. Import plant carried by passenger or by post

The import of plant carried by passengers or by post, the owner have the obligation to inform as prescribed form and the plant shall be subjected to inspection of the PPOs according to regulations. Top

4.2. Import of plant commodities

The owner of commodities has to apply for import permit as prescribed form in advance (2 weeks) for conducting pest risk analysis (PRA) and determine phytosanitary measures. The entrepreneurs who are holding the import permit shall import commodities as prescribed quantity of plant in the permit and through the designed plant quarantine border check point.  When the commodity arrives to border post, the owner shall declare relevant documents issued by exporting country to plant quarantine officer for verification.

The importation mentioned above shall also includes the importation for the propose of research, extension, exhibition, official use, foreign aid or donation and gift.

Plant quarantine officer should carry out the inspection and report the result within 24 hours after receiving declaration form. In case of pests is intercepted, PPO shall inform the consignee and apply phytosanitary action including treatment or return to exporting country or destroy base on technical norms. The consignment shall be immediately released by PPO’s signature and using certified stamp after the inspection and it meets phytosanitary requirements. the PPO shall sign and stamp The consignee shall pay the services fees as prescribed regulation. Top

4.3. Inspection of plant in transit

The consignee shall declare the document as prescribed form to plant protection border check point for receiving inspection and certify the security and integrity of the consignment.   After receiving the application form, PPO shall carry out the inspection and report the result within 24 hours. The consignment shall be immediately released after receiving inspection and it meets the phytosanitary requirement. Top

4.4. Inspection of plant for export

Individual or organization intend to export plants, plant products and other articles shall submit application as prescribed form to DOA or the authorized PAFO to undergo inspection and phytosanitary certification in compliance with the phytosanitary import requirements by importing country.

5. Domestic plant protection

Where the families or organization find the evidence of pest infestation or outbreak in any area, he/she shall immediately report to agriculture and forestry sectors or local authorities concerned. In case of pest outbreak, agriculture sectors where responsible for plant protection function shall report to the government and local authorities to declare the epidemic zone and apply control measures to confine the spreading accordingly as prescribed in the plant protection law. Top

6. Plant Protection Business

Individual, families and organization both inside the country and abroad intending to render services on pest control and phytosanitary treatment shall follow the relevant law and regulations and shall be authorized by DOA, MAF. Top

7. Implementing measures

DOA shall coordinate with the concerned sectors both in the central and local level to disseminate information to the public and contribute to the effective implementation the law.

The provincial and capital agriculture and forestry offices shall collect information and report to MAF on the non-appointed plant protection border check point for requesting the approval base on the notice of the Prime minister office No.405/PO dated 14/03/2007.

Therefore, the Ministry of Agriculture and Forestry notify to your sectors in order to execute effectively. Top

Minister of Ministry of Agriculture and Forestry
Mr Sitaheng Rasphone
Signature and Seal