STC Number - 399

Viet Nam's restrictions on plant products

Maintained by: Viet Nam
Raised by: Chile
Supported by:
First date raised: October 2015 G/SPS/R/81, paras. 3.9-3.10
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: G/SPS/N/VNM/53; G/SPS/N/VNM/53/Add.1; G/SPS/N/VNM/56
Products covered: 08 Edible fruit and nuts; peel of citrus fruit or melons
Primary subject keyword: Plant Health
Keywords: Plant health; Risk assessment
Status: Partially resolved
Solution: Partial resolution applies to the lifting of restrictions on grapes only.
Date reported as resolved: 13/07/2017

Extracts from SPS Committee meeting summary reports

In October 2015, Chile raised a concern on Viet Nam's restrictions on the entry of kiwis, apples, cherries and grapes. Chile explained that it had a history of exporting fruits to Viet Nam and that during that time it had never received notifications of detected pests in its exported products. Since 2011, Chile had been submitting phytosanitary information on these fruits in order for Viet Nam to develop pest risk analyses (PRAs). Two regulations, among others, had been subsequently notified by Viet Nam in 2014 (G/SPS/N/VNM/53 and G/SPS/N/VNM/56), which outlined new regulations for PRAs. In February 2015, Viet Nam shared the PRA for Chilean fruit products but Chile noted several inaccuracies in the document, related to the listed pests. Chile subsequently requested that Viet Nam provide responses to its comments, as well as confirmation that exports of the four fruits could continue while the respective PRAs and a bilateral agreement for conditions of exports were being completed. Inspectors from Viet Nam were subsequently invited to perform a verification of the production and export systems of Chilean fruit products. However, in the same month, Chile received Viet Nam's response to its comments with a 60-day deadline to respond. In particular, Chile was concerned about the new measures which required radiation treatment of fruit, as this had never been required in the history of its trade with Viet Nam or by any other Member. Chile asked Viet Nam to consider its commitments under the SPS Agreement and expressed its willingness to continue bilateral discussions in order to agree on new measures that would provide appropriate phytosanitary security without affecting normal trade.

Viet Nam responded that it was revising its regulations in order to comply with international practices. It had circulated G/SPS/N/VNM/53 and G/SPS/N/VNM/53/Add.1 in order to notify Members about the Circular from Viet Nam's Ministry of Agriculture and Rural Development regarding the list of regulated articles and regulated articles subject to PRA, prior to importation into Viet Nam. Viet Nam noted that import permits would continue to be issued for commodities that had historic trade to Viet Nam and that Chilean export of vegetables for human consumption had been authorized, and were not impacted by this regulation. Viet Nam highlighted that the PRA had already been completed and that it was awaiting Chile's response. Viet Nam further indicated its willingness to discuss and resolve any issue arising from implementation of the new regulation.

In July 2017, Chile provided an update on the development of STC 399 on Viet Nam's restrictions on fruits including apple, kiwi and grapes from Chile. Chile noted that the restrictions for grapes had been lifted and that work was ongoing on the restrictions applied to the importation of apples. Viet Nam confirmed this information.