Decree 130/2022/ND-CP amending Decree 84/2019/ND-CP and Decree 94/2019/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 84/2019/ND-CP dated November 14, 2019 prescribing the management of fertilizers, the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019 detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation

_______________

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law on Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Crop Production dated November 19, 2018;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree on amending and supplementing a number of articles of the Government’s Decree No. 84/2019/ND-CP dated November 14, 2019 prescribing the management of fertilizers, the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019 detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 84/2019/ND-CP dated November 14, 2019 prescribing the management of fertilizers (hereinafter referred to as Decree No. 84/2019/ND-CP)

1. To amend and supplement Clause 2 Article 15 as follows:

“2. Information about the certification on training or further training in fertilizers stated in the application for a fertilizer trading eligibility certificate or a copy of the intermediate or higher degree of the person directly engaged in fertilizer trading as specified at Point c, Clause 2, Article 42 of the Law on Crop Production.”.

2. To repeal Clause 4 Article 14.

3. To repeal Point b Clause 3 Article 16.

4. To replace Form No. 07 and Form No. 08 in Appendix I to the Decree No. 84/2019/ND-CP by Appendix I, Appendix II to this Decree.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019 detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation (hereinafter referred to as Decree No. 94/2019/ND-CP)

1. To amend and supplement Point a, Clause 3, Article 7 as follows:

“3. Order, procedures and competence for issuance or re-issuance of decisions on recognition of plant variety-testing organizations:

a) Order, procedures and competence for issuance of decisions on recognition of plant variety-testing organizations: The submitter shall send a dossier to the provincial-level Department of Crop Production; within 20 working days after receiving a complete and valid dossier, the Department of Crop Production shall appraise the dossier of the organization. If the dossier fully satisfies the prescribed conditions, the provincial-level Department of Crop Production shall issue a decision on recognition of the plant variety-testing organization according to Form No. 03.KN provided in Appendix V to this Decree, and post such decision on its portal; or notify the submitter in writing, clearly stating the reasons if the dossier does not fully meet the requirements.

If the submitter fails to complete the dossier within 3 months after receiving the provincial-level Department of Crop Production’s notice, it/he/she shall submit the dossier again under Clause 1 of this Article.”.

2. To repeal Point c Clause 1 Article 11.

3. To repeal Point c Clause 1 Article 12.

4. To replace Form No. 01.XK in Appendix VIII to the Decree No. 94/2019/ND-CP by Appendix III to this Decree.

Article 3. Effect

This Decree takes effect on the signing date.

Article 4. Transitional provisions

For dossiers received before the effective date of this Decree, the Decree No. 84/2019/ND-CP and Decree No. 94/2019/ND-CP shall apply.

Article 5. Implementation responsibility

Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies and Chairpersons of People’s Committees of provinces and centrally-run cities and relevant organizations, individuals shall take responsibility for the implementation of this Decree.

* All Appendices are not translated herein.