Decision No. 05/2005/QD-BNN dated January 20, 2005 of the Ministry of Agricultural and Rural Development promulgating the Regulation of publicization of quality standards of agricultural products and goods

DECISION

PROMULGATING THE REGULATION OF PUBLICIZATION OF QUALITY STANDARDS OF AGRICULTURAL PRODUCTS AND GOODS

THE MINISTER OF AGRICULTURAL AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No.86/ 2003/ND-CP dated July 18, 2003 on the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Ordinance No.18/1999/PL-UBTVQH10 dated December 24, 1999 on Goods Quality;

Pursuant to the Government’s Decree No. 179/2004/ND-CP dated October 21, 2004 prescribing the State management over product and goods quality,

At the proposals of the director of the Agriculture Department and the Director of the Science and Technology Department,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on publicization of quality standards of agricultural products and goods.

Article 2. This Decision takes effect 15 days after its publication in the Official Gazette.

This Decision replaces the Agriculture and Rural Development Minister's Decision No. 86/2001/QD/ BNN-KHCN dated August 23, 2001 promulgating the Provisional Regulation on publicization of quality standards of agricultural products and goods.

Article 3.  The director of the Office, the director of the Agriculture Department, the director of the Science and Technology Department, the director of the Forestry Department, the director of the Plant Protection Department, the director of the Veterinary Department, and the director of the Department for Agricultural and Forest Product-Processing and Salt-Making, of the Ministry, the directors of the provincial/municipal Services of Agriculture and Rural Development, the heads of the concerned units as well as relevant organizations and individuals shall have to implement this Decision.

REGULATION

ON PUBLICIZATION OF QUALITY STANDARDS OF AGRICULTURAL PRODUCTS AND GOODS
(Promulgated together with the Agriculture and Rural Development Ministers Decision No. 05/2005/QD-BNN dated January 20, 2005)

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

a) This Regulation prescribes the publicization of quality standards of products and goods permitted for production or trading in Vietnam, which are under the State management by the Ministry of Agriculture and Rural Development, including plant varieties, domestic animal breeds, plant protection drugs and raw-materials for production thereof, veterinary drugs, livestock feeds and raw-materials for production thereof; fertilizers and raw materials for production thereof; bio-products in service of cultivation and husbandry on the list of those subject to quality-standard publicization, agricultural, forestry and salt-making supplies, agricultural and forest product preservatives.

b) Products and goods prescribed at Point a of this Article, which are manually produced or processed, raw materials, materials and semi-finished products involved in the process of producing product/goods for use within the enterprises, shall not be subject to quality-standard publicization but the publicization of their quality

standards is encouraged.

2. Subjects of application

Organizations and individuals (hereinafter called enterprises) that produce and/or trade in products and/or goods under the State management by the Ministry of Agriculture and Rural Development, prescribed at Point a, Clause 1 of this Article.

Article 2. System of product and goods quality standards

The system of product and goods quality standards to be publicized covers:

1. Vietnamese standards (TCVN);

2. Branch standards (TCN);

3. Base standards;

4. International standards, regional standards and foreign standards applicable in Vietnam.

Article 3. Procedures for quality-standard publicization

The procedures for publicization of goods quality standards shall comply with Decision No. 2425/2000/QD-BKHCNMT dated December 12, 2000 of the Minister of Science, Technology and Environment (now the Minister of Science and Technology) promulgating the Provisional Regulation on publicization of goods quality standards.

Article 4. Assignment of responsibilities for performance of the State management over publicization of product and goods quality standards

1. The specialized managing Departments shall coordinate with the Science and Technology Department in:

a) Formulating annual lists of products and goods subject to quality-standard publicization, which are under their respective management, and submit them to the Minister of Agriculture and Rural Development for promulgation;

b) Organizing, directing, guiding and inspecting the publicization of quality standards of specialized products and goods nationwide; directly guiding and managing the publicization of product and goods quality standards by enterprises with 100% foreign capital in Vietnam according to the domains specifically assigned to them as follows:

- The Agriculture Department: Plant varieties; domestic animal breeds; livestock feeds and raw-materials for production thereof; fertilizers (under the assignment in Decree No. 113/2003/ND-CP dated October 7, 2003 on management of fertilizer production and trading); preservatives used in livestock feeds; bio-products in service of cultivation and husbandry;

- The Forestry Department: Forest tree saplings, forest products and goods;

- The Plant Protection Department: Plant protection drugs and raw-materials for production thereof; cultivated-product preservatives;

- The Veterinary Department: Veterinary drugs;

- The Department for Agricultural-Forest Product Processing and Salt-Making: Salt and salt products.

2. The provincial/municipal Services of Agriculture and Rural Development shall have to organize, direct and inspect the publicization of quality standards of specialized products and goods in the domains mentioned at Point b, Clause 1 of this Article by other business organizations and individuals in their respective localities.

3. Agencies, according to the assignment at Point b of Clause 1, Clause 2, of this Article, shall have to:

a) Guide enterprises under their respective management in carrying out the procedures for publicization of product and goods quality standards.

b) Receive publicization papers enclosed with copies of standards;

c) Inspect the publicized standards' conformity with the State's regulations;

d) Within 15 days after the receipt of publicization papers, if the specialized managing agencies have no comments on the contents of the publicized standards, the publicization of product and goods quality standards by organizations and individuals shall be regarded valid;

e) Compile dossiers for monitoring the standard publicization by organizations and individuals according the responsibility assignment.

Article 5. Responsibilities of enterprises

1. To publicize their product and goods quality standards with publicization papers, and send them together with copies of standards to the specialized managing agencies according to the responsibility assignment in Clauses 1 and 2, Article 4 of this Regulation.

2. To ensure production business conditions so that product and goods quality conforms to the publicized standards.

3. To inspect quality by themselves and bear responsibility for the quality of products and goods produced and/or traded by themselves according to the publicized quality standards.

4. To archive dossiers on products and goods with their quality already publicized and submit them to competent agencies when so requested.

Article 6. Examination, inspection and handling of violations

1. Competent agencies stated in Clauses 1 and 2, Article 4 of this Regulation shall examine, inspect and handle violations on standard publicization according to this Regulation and other relevant provisions.

2. Organizations or individuals that violate the regulations on quality-standard publicization shall, depending on the nature and seriousness of their violations, be handled according to law provisions.

Any problems arising in the course of implementation should be reported to the Ministry of Agriculture and Rural Development for consideration and settlement.