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 of November 14, 2019, prescribing the management of fertilizers, and the Government’s Decree No. 94/2019/ND-CP of December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation^[1]

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

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

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

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 84/2019/ND-CP of November 14, 2019, prescribing the management of fertilizers, and the Government’s Decree No. 94/2019/ND-CP of 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 of November 14, 2019, prescribing the management of fertilizers (below referred to as Decree No. 84/2019/ND-CP)

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

“2. Information on certification of completion of 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 annul Clause 4, Article 14.

3. To annul Point b, Clause 3, Article 16.

4. To replace Forms No. 07 and No. 08 provided in Appendix I to Decree No. 84/2019/ND-CP with Appendices I and II to this Decree.

Article 2. To amend and supplement a number of articles of the Government’s Decree No. 94/2019/ND-CP of December 13, 2019, detailing a number of articles of the Law on Crop Production regarding plant varieties and cultivation (below 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 a decision on recognition of a plant variety-testing organization: A dossier shall be sent to the 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 plant variety-testing organization. If the dossier is qualified, the Department of Crop Production shall issue a decision on recognition of the plant variety-testing organization made according to Form No. 03.KN provided in Appendix V to this Decree, and post such decision on its Portal. If the dossier is unqualified, the Department of Crop Production shall issue a written reply, clearly stating
the reason.

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

2. To annul Point c, Clause 1, Article 11.

3. To annul Point c, Clause 1, Article 12.

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

Article 3. Effect

This Decree takes effect on the date of its signing.

Article 4. Transitional provision

For dossiers received before the effective date of this Decree, 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, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM

* All appendices to this Decree are not translated.