Decree No. 84/2019/ND-CP the management of fertilizers

DECREE

Prescribing the management of fertilizers^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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 prescribing the management of fertilizers.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details Clause 5, Article 36; Clause 4, Article 37; Clause 3, Article 38; Clause 2, Article 40; Clause 4, Article 41; Clause 3, Article 42; Clause 3, Article 44; Clause 4, Article 45; Clause 4, Article 46; and Clause 2, Article 49, of the Law on Crop Production regarding the management of fertilizers.

Article 2.Interpretation of terms

This Decree, the terms below are construed as follows:

1. Main quality criteria of fertilizers means those decisive to the nature and utilities of fertilizers specified in a relevant national technical regulation and used for classification of fertilizers.

2. Additional quality criteria of fertilizers means those that have effects on the nature and utilities of fertilizers other than main quality standards, are specified in a relevant national technical regulation and not used for classification of fertilizers.

3. Nutrients in fertilizers means chemical elements necessary for the growth and development of plants, including:

a/ Macronutrients, such as nitrogen (N), phosphorus (P) and potassium (K) that can be absorbed by plants in certain forms;

b/ Secondary nutrients, such as calcium (Ca), magnesium (Mg), sulfur (S) and silicon (Si) that can be absorbed by plants in certain forms;

c/ Micronutrients, such as boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) and zinc (Zn) that can be absorbed by plants in certain forms.

4. Limited elements in fertilizers means elements that are likely to be poisonous, affect food safety, or cause environmental pollution as specified in relevant national technical regulations.

5. Fertilizer production means the performance of one, several or all of activities of mixing, blending, preparing, grinding, sieving, preliminarily processing, curing, fermenting, extracting, reprocessing, drying, moisturizing, pelletizing and packaging and other activities to turn out fertilizer products through physical, chemical or biological processes.

6. Fertilizer trading means the performance of one, several or all of activities of offering for sale, displaying, storing, preserving, transporting, wholesaling, retailing, importing and exporting and other activities to put fertilizers into sale.

7. Inferior-quality fertilizers means those that have quality criteria or limited elements not conformable with decisions on recognition of fertilizers to be sold in Vietnam or relevant national technical regulations.

8. Fake fertilizers means those having one or more than one main quality criterion satisfying only 70% or less of the registered quality criteria stated in decisions on recognition of fertilizers  to be sold in Vietnam (except the main quality criterion on microorganisms).

Article 3.Classification of fertilizers

1. The group of chemical fertilizers (inorganic fertilizers) consists of fertilizers produced from main materials being inorganic or synthetic organic substances which have gone through chemical or mineral-processing processes and, depending on their ingredients, contents or functions of main quality criteria for plants or chemical bonds of nutrients in such fertilizers, are classified in detail in relevant national technical regulations.

2. The group of organic fertilizers consists of fertilizers produced from main materials being natural organic substances (excluding synthetic organic substances) which have gone through physical processes (drying, grinding, sieving, mixing, blending, and moisturizing) or biological processes (curing, fermenting and extracting) and, depending on their ingredients and functions of main quality criteria or production process, are classified in detail in relevant national technical regulations.

3. The group of biological fertilizers consists of fertilizers produced through biological processes or originating from nature, containing in their ingredients one or more than one biological agent, such as humic acids, fulvic acids, amino acids, vitamins or other biological agents and, depending on their ingredients or functions of main quality criteria in such fertilizers, are classified in detail in relevant national technical regulations.

4. Root fertilizers include those of one of the fertilizer groups specified in Clauses 1, 2 and 3 of this Article which are used to provide nutrients to plants through their roots or to improve soil quality.

5. Leaf fertilizers include those of one of the fertilizer groups specified in Clauses 1, 2 and 3 of this Article which are used to provide nutrients to plants through their trunks and leaves.

Article 4.General provisions on performance of administrative procedures in this Decree

1. Submission of dossiers for performance of administrative procedures: Depending on conditions for receipt of dossiers and notification of dossier processing results by agencies carrying out administrative procedures, organizations and individuals shall submit their dossiers directly or send them by post or via the cyberspace (the national single-window mechanism, online public services, computer software, email or fax):

a/ For a dossier submitted directly or sent by post: Documents included in such dossier must be originals or duplicates from master registers or certified copies or copies enclosed with originals for checking;

b/ For a dossier submitted via the cyberspace: Documents included in such dossier must be scanned or photocopied from originals.

2. Number of dossier sets: one.

3. Time limit for a reply on dossier completeness:

a/ For a directly submitted dossier: The agency carrying out administrative procedures shall check documents included in the dossier and make a reply immediately after the dossier is submitted;

b/ For a dossier sent by post or via the cyberspace: Within 2 working days, the agency carrying out administrative procedures shall check the dossier completeness. If the dossier is incomplete, the agency carrying out administrative procedures shall notify such to the dossier submitter for supplementation.

4. Method of paying charges and fees for performance of administrative procedures: Organizations and individuals shall pay charges and fees under current regulations directly at the agency carrying out administrative procedures or by account transfer or via other services.

5. Method of notification of results: The agency carrying out administrative procedures shall notify results of performance of administrative procedures directly at the place of dossier receipt or send them by post or via the cyberspace.

6. If this Decree contains provisions different from the provisions of Clauses 1, 2, 3, 4 and 5 of this Article, the former shall prevail.

7. For foreign-language dossiers, there must be Vietnamese translations bearing certification by translation offices.

8. Organizations and individuals shall bear responsibility for the lawfulness of their submitted dossiers.

Chapter II

ISSUANCE, RE-ISSUANCE, EXTENSION AND REVOCATION OF DECISIONS ON RECOGNITION OF FERTILIZERS TO BE SOLD IN VIETNAM AND DECISIONS ON RECOGNITION OF FERTILIZER TESTING ORGANIZATIONS

Article 5.Dossiers, procedures and competence for issuance of decisions on recognition of fertilizers to be sold in Vietnam

1. A dossier of request for issuance of a decision on recognition of a fertilizer to be sold in Vietnam must comprise:

a/ A written request for issuance of a decision on recognition of fertilizer to be sold in Vietnam according to Form No. 01 provided in Appendix I to this Decree;

b/ A sheet of general information on the fertilizer bearing the producer’s certification, including: type of fertilizer; name of fertilizer; form of fertilizer; use instructions; use methods; expiry date; safety precautions; quality criteria and contents of limited elements in the fertilizer, enclosed with a sheet showing testing results;

c/ An original report on results of fertilizer testing according to the national standard on fertilizer testing (except the fertilizers specified in Clause 2, Article 39 of the Law on Crop Production);

d/ A certificate of free sale granted by the exporting country (for imported fertilizers specified at Points a, b and c, Clause 2, Article 39 of the Law on Crop Production).

2. Procedures and competence for issuance of decisions on recognition of fertilizers to be sold in Vietnam:

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the competent agency of the Ministry of Agriculture and Rural Development (below referred to as the competent agency).

Within 3 months after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid as prescribed, issue a decision on recognition of a fertilizer to be sold in Vietnam (below referred to as recognition decision) according to Form No. 03 provided in Appendix I to this Decree. In case of refusal to issue such a decision, it shall reply in writing, clearly stating the reason.

3. The validity duration of a recognition decision is 5 years. At least 3 months before a recognition decision expires, the organization or individual that wishes to have such decision extended shall carry out procedures for extension under Article 7 of this Decree.

Article 6.Dossiers and procedures for re-issuance of decisions on recognition of fertilizers to be sold in Vietnam

1. A dossier of request for re-issuance of a recognition decision must comprise:

a/ A written request for re-issuance of a recognition decision, made according to Form No. 01 provided in Appendix I to this Decree;

b/ A document of a competent state management agency in charge of intellectual property or of a court on trademark infringement (in case of change of fertilizer name);

c/ A new enterprise registration certificate or an investment certificate (in case of change or addition of information on the registering organization or individual);

d/ The original or a certified copy of a contract or an agreement on fertilizer transfer (in case of fertilizer transfer in the recognition decision).

2. Procedures for re-issuance of a recognition decision:

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the competent agency.

Within 7 working days after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid as prescribed, issue a recognition decision according to Form No. 03 provided in Appendix I to this Decree. In case of refusal to issue such a decision, it shall reply in writing, clearly stating the reason.

3. The validity duration of a re-issued recognition decision is that of the previously granted recognition decision.

Article 7.Dossiers and procedures for extension of decisions on recognition of fertilizers to be sold in Vietnam

1. A dossier of request for extension of a recognition decision must comprise:

a/ A written request for extension of a recognition decision, made according to Form No. 01 provided in Appendix I to this Decree;

b/ A notice of receipt of the dossier for declaration of regulation conformity or a notice of results of state inspection of imported fertilizer quality;

c/ A report on production, import or export and use of the fertilizer, made according to Form No. 02 provided in Appendix I to this Decree.

2. Procedures for extension of a recognition decision:

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the competent agency.

Within 7 working days after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid as prescribed, extend the recognition decision according to Form No. 03 provided in Appendix I to this Decree. In case of refusal to extend the recognition decision, it shall reply in writing, clearly stating the reason.

Article 8.Procedures and competence for revocation of decisions on recognition of fertilizers to be sold in Vietnam

1. In the case specified at Point a, Clause 1, Article 38 of the Law on Crop Production, the competent agency shall collect and verify information. Within 5 working days after making a conclusion that the fertilizer is highly likely to badly affect human health or the environment, the competent agency shall issue a decision to revoke the recognition decision.

2. In the case specified at Point b, Clause 1, Article 38 of the Law on Crop Production, within 5 working days after receiving a written conclusion that forged documents are used or information in documents is not true to the fertilizer already recognized for sale, the competent agency shall issue a decision to revoke the recognition decision.

3. A decision to revoke a recognition decision must have the following contents:

a/ Name of the fertilizer - code of the fertilizer;

b/ Name of the organization or individual having the fertilizer;

c/ Reasons for destruction of the fertilizer, including legal or scientific grounds;

d/ Validity duration of the decision revoking the recognition decision.

4. The competent agency that has granted a recognition decision may issue a decision to revoke such recognition decision.

Within 2 working days after being signed, a decision shall be officially publicized in the mass media and on the website of the competent agency.

Article 9.Minimum personnel engaged in testing of fertilizer testing organizations

A fertilizer testing organization must have sufficient personnel engaged in testing, including a person directly in charge of testing and at least 5 other persons to be officially engaged in testing (public employees or employees working under labor contracts of an indefinite term or of a term of at least 12 months).

Article 10.Dossiers, procedures and competence for issuance of decisions on recognition of fertilizer testing organizations

1. A dossier of request for issuance of a decision on recognition of a fertilizer testing organization must comprise:

a/ A written request for recognition of a fertilizer testing organization, made according to Form No. 04 provided in Appendix I to this Decree;

b/ A written explanation about conditions for fertilizer testing, made according to Form No. 05 provided in Appendix I to this Decree.

2. Procedures and competence for issuance of a decision on recognition of a fertilizer testing organization:

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the competent agency.

Within 20 working days after receiving a complete dossier, the competent agency shall appraise contents of the dossier and, if the dossier is valid, carry out a physical inspection of conditions of the testing organization.

In case results of physical inspection show that testing conditions are satisfactory, within 5 working days after completing the inspection, the competent agency shall issue a decision on recognition of a fertilizer recognition organization according to Form No. 06 provided in Appendix I to this Decree.

In case a remedial act is required under the inspection minutes, within 5 working days after receiving a report on remediation results, and seeing that the testing organization satisfies the prescribed conditions, the competent agency shall issue a decision on recognition of a fertilizer testing organization according to Form No. 06 provided in Appendix I to this Decree. In case of refusal to issue such a decision, it shall reply in writing, clearly stating the reason.

Article 11.Revocation of decisions on recognition of fertilizer testing organizations

1. A decision on recognition of a fertilizer testing organization shall be revoked in the following cases:

a/ Forging of documents, provision of unverified data for use in the report on fertilizer testing results;

b/ Erasure or modification for falsification of contents of the issued recognition decision;

c/ Failure to take a remedial act when the competent agency makes the conclusion that the fertilizer testing organization fails to satisfy the conditions prescribed in Clause 1, Article 40 of the Law on Crop Production.

2. Within 10 working days after receiving information about a violation as prescribed in Clause 1 of this Article, the competent agency that has issued a decision on recognition of a fertilizer testing organization shall verify such information and issue a decision to revoke the recognition decision if the fertilizer testing organization commits one of the violations specified in Clause 1 of this Article, and post such revocation decision on its website.

3. A fertilizer testing organization that has its recognition decision revoked may only have its dossier of request for issuance of a recognition decision considered for receipt after 24 months from the date the competent agency issues the revocation decision.

Chapter III

GRANT, RE-GRANT AND REVOCATION OF FERTILIZER PRODUCTION ELIGIBILITY CERTIFICATES AND FERTILIZER TRADING ELIGIBILITY CERTIFICATES

Article 12.Specific provisions on conditions for fertilizer production

1. Point a, Clause 2, Article 41 of the Law on Crop Production is specified as follows: Production zones have walls and fences to isolate them from surrounding areas; have firmly structured workshops, and walls, ceilings, partition walls and doors satisfying the quality control requirements.

2. Point b, Clause 2, Article 41 of the Law on Crop Production is specified as follows: Fertilizer production chains, machinery and equipment must conform to the process of production of each type and each form of fertilizer specified in Appendix II to this Decree.

3. Point c, Clause 2, Article 41 of the Law on Crop Production is specified as follows: Having an accredited testing laboratory conformable to standard ISO 17025, or having entered into contracts with a designated testing organization in accordance with regulations on product and goods quality, except establishments engaged only in fertilizer packaging.

4. Point d, Clause 2, Article 41 of the Law on Crop Production is specified as follows: Having an accredited quality management system conformable to standard ISO 9001 or the equivalent, for newly founded establishments, within 1 year from the date of grant of a fertilizer production eligibility certificate.

Article 13.Competence for grant, re-grant or revocation of fertilizer production eligibility certificates and fertilizer trading eligibility certificates and inspection of maintenance of conditions

1. The competent agency shall inspect relevant conditions, and grant, re-grant or revoke fertilizer production eligibility certificates according to Form No. 10 provide in Appendix I to this Decree.

2. Provincial-level Departments of Agriculture and Rural Development shall inspect relevant conditions, grant, re-grant or revoke fertilizer trading eligibility certificates according to Form No. 11 provide in Appendix I to this Decree.

3. Agencies that grant fertilizer production eligibility certificates and fertilizer trading eligibility certificates (below collectively referred to as certificates) shall post such certificates on their websites immediately after granting, re-granting or revoking such certificates.

Article 14.A dossier for grant of a fertilizer production eligibility certificate

1. An application for a fertilizer production eligibility certificate, made according to Form No. 07 provided in Appendix I to this Decree.

2. A written explanation about fertilizer production conditions, made according to Form No. 09 provided in Appendix I to this Decree.

3. A copy of the university or higher degree of the person directly managing the fertilizer production as specified at Point e, Clause 2, Article 41 of the Law on Crop Production.

4. A certified copy of the decision approving the environmental impact assessment report or decision approving the detailed environmental protection scheme or environmental protection plan registration certificate or environmental protection commitment in accordance with the law on environmental protection.

Article 15.A dossier for grant of a fertilizer trading eligibility certificate

1. An application for a fertilizer trading eligibility certificate, made according to Form No. 08 provided in Appendix I to this Decree.

2. A copy of the certificate of training or further training in fertilizers or 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.

Article 16.Dossiers for re-grant of fertilizer production eligibility certificates and fertilizer trading eligibility certificates

1. In case a fertilizer production eligibility certificate expires:

At least 3 months before a fertilizer production eligibility certificate expires, a fertilizer producer that wishes to continue producing fertilizers shall submit a dossier of request for re-grant of such certificate under Article 14 of this Decree. In case no change is made in the dossier, the fertilizer producer shall submit an application for a fertilizer production eligibility certificate, made according to Form No. 07 provided in Appendix I to this Decree.

2. In case a certificate is lost or damaged:

a/ A written request for re-grant of a certificate, made according to Form No. 07 or Form No. 08 provided in Appendix I to this Decree;

b/ The original fertilizer production eligibility certificate (in case the certificate is damaged).

3. In case of change of information about a certificate holder:

a/ A written request for re-grant of a certificate, made according to Form No. 07 or Form No. 08 provided in Appendix I to this Decree;

b/ The modified enterprise registration certificate or investment certificate or business registration certificate or business household registration certificate;

c/ The original fertilizer production eligibility certificate.

4. In case of change of the fertilizer production or trading location:

a/ A dossier of request for re-grant of a certificate as prescribed in Article 14 or 15 of this Decree;

b/ The original fertilizer production eligibility certificate or fertilizer trading eligibility certificate.

5. In case of change of the fertilizer type or form or production capacity stated in a fertilizer production eligibility certificate:

a/ A written request for re-grant of a fertilizer production eligibility certificate, made according to Form No. 07 provided in Appendix I to this Decree;

b/ A written explanation about fertilizer production conditions, made according to Form No. 09 provided in Appendix I to this Decree;

c/ The original fertilizer production eligibility certificate.

Article 17.Procedures for grant and re-grant of fertilizer production eligibility certificates and fertilizer trading eligibility certificates

1. Procedures for grant of certificates

a/ Procedures for grant of fertilizer production eligibility certificates:

A fertilizer producer shall send a dossier to the competent licensing agency defined in Clause 1, Article 13 of this Decree.

Within 20 working days after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid, carry out physical inspection of fertilizer production conditions and performance of obligations by the fertilizer producer as prescribed at Point i, Clause 2, Article 50 of the Law on Crop Production, and make an inspection minutes according to Form No. 12 provided in Appendix I to this Decree.

In case the fertilizer producer does not satisfy the law-prescribed conditions, it/he/she shall take remedies for satisfaction of such conditions and send a notice of satisfaction of conditions to the competent agency for inspecting the remedies. If the inspection results show that the fertilizer producer satisfies the law-prescribed conditions, within 5 working days after completing the inspection, the competent agency shall grant a fertilizer production eligibility certificate according to Form No. 10 provided in Appendix I to this Decree. In case of refusal to grant such a certificate, it shall issue a written reply, clearly stating the reason.

b/ Procedures for grant of fertilizer trading eligibility certificates:

A fertilizer trader shall send a dossier to the competent licensing agency defined in Clause 2, Article 13 of this Decree.

Within 10 working days after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid, carry out physical inspection of fertilizer trading conditions, and make an inspection minutes according to Form No. 12 provided in Appendix I to this Decree.

In case the fertilizer trader does not satisfy the law-prescribed conditions, it/he/she shall take remedies for satisfaction of such conditions and send a notice of satisfaction of conditions to the competent agency for inspecting the remedies. If the inspection results show that the fertilizer trader satisfies the law-prescribed conditions, within 3 working days after completing the inspection, the competent agency shall grant a fertilizer trading eligibility certificate according to Form No. 11 provided in Appendix I to this Decree. In case of refusal to grant such a certificate, it shall issue a written reply, clearly stating the reason.

2. Procedures for re-grant of certificates

a/ Procedures for re-grant of fertilizer production eligibility certificates prescribed in Clauses 1, 4 and 5, Article 16 of this Decree must comply with Point a, Clause 1 of this Article.

b/ Procedures for re-grant of fertilizer trading eligibility certificates prescribed in Clause 4, Article 16 of this Decree must comply with Point b, Clause 1 of this Article.

c/ Procedures for re-grant of certificates prescribed in Clauses 2 and 3, Article 16 of this Decree

Within 5 working days after receiving a complete and valid dossier, the competent agency shall re-grant a certificate. In case of refusal to re-grant a certificate, it shall issue a written reply, clearly stating the reason.

The validity duration of a re-granted certificate is the same as that of the previous certificate.

Article 18.Revocation of fertilizer production eligibility certificates and fertilizer trading eligibility certificates

1. A fertilizer producer or trader will have its/his/her certificate revoked in the following cases:

a/ Using fake documents or providing untruthful information, thereby falsifying the dossier of application for a certificate;

b/ Modifying or erasing its/his/her certificate to falsify the contents stated in the certificate.

2. The agency competent to grant certificates shall revoke the certificates prescribed in Clause 1 of this Article.

Within 10 working days after receiving information about the violations specified in Clause 1 of this Article, the agency competent to grant certificates shall verify such information and issue a decision to revoke the certificate when the fertilizer producer or trader commits one of the violations specified in Clause 1 of this Article; and post this decision on its portal.

3. The organization or individual having its/his/her certificate revoked may only send a dossier of application for a certificate after 24 months from the date the competent agency issues a certificate revocation decision.

Chapter IV

IMPORT OF FERTILIZERS, STATE INSPECTION OF IMPORT OF FERTILIZERS, SAMPLING AND ADVERTISING OF FERTILIZERS

Article 19.Import of fertilizers

1. Fertilizer importers shall comply with Articles 44 and 46 of the Law on Crop Production.

2. In case of authorized import under Clause 1, Article 44 of the Law on Crop Production, the authorized organization or individual shall produce to the customs office or agency in charge of state inspection of import of fertilizers a letter of authorization of the organization or individual having fertilizers for which a decision on recognition of fertilizers to be sold in Vietnam has been issued.

3. Fertilizer importers shall, in addition to papers and documents required under regulations on goods import, submit (directly or via the national single–window system) to the customs office a notice of results of state inspection of quality of imported fertilizers, for the cases specified in Clause 1, and at Points b, c and g, Clause 2, Article 44 of the Law on Crop Production; or a fertilizer import permit, for the case specified in Clause 2, Article 44 of the Law on Crop Production.

Article 20.Dossiers, procedures and competence for grant of fertilizer import permits

1. A dossier of application for a fertilizer import permit must comprise:

a/ A written registration for fertilizer import, made according to Form No. 13 provided in Appendix I to this Decree;

b/ A technical declaration, made according to Form No. 14 provided in Appendix I to this Decree;

c/ The fertilizer producer’s document showing quality criteria, use instructions, safety warnings, and limited elements in fertilizers;

d/ A certificate of free sale granted by the exporting country (in the cases of fertilizer import specified at Points a, b, c, d, dd, e and g, Clause 2, Article 44 of the Law on Crop Production);

dd/ A certificate of or an invitation to a Vietnam-based fair or exhibition (in case of fertilizer import specified at Point dd, Clause 2, Article 44 of the Law on Crop Production);

e/ A research on fertilizers to be imported (in the case of fertilizer import specified at Point e, Clause 2, Article 44 of the Law on Crop Production);

g/ The import contract, export contract or contract on processing with foreign partners (in the case of fertilizer import specified at Point h, Clause 2, Article 44 of the Law on Crop Production).

2. Procedures and competence for grant of fertilizer import permits:

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the competent agency.

Within 7 working days after receiving a complete and valid dossier, the competent agency shall grant a fertilizer import permit according to Form No. 15 provided in Appendix I to this Decree. In case of refusal to grant such a permit, it shall issue a written reply, clearly stating the reason.

Article 21.Dossiers, procedures, contents and competence for state inspection of quality of imported fertilizers

1. A dossier of registration for state inspection of quality of imported fertilizers must comprise:

a/ A written registration for state inspection of quality of imported fertilizers, made according to Form No. 16 provided in Appendix I to this Decree;

b/ Copies of the purchase and sale contract; list of goods (stating the registered quantity and code of each goods lot); invoice; and bill of lading (for goods imported by airway, seaway or railway).

2. Procedures for fertilizer inspection and sampling:

a/ An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the state inspection agency defined in Clause 4 of this Article;

b/ The state inspection agency shall check the completeness and legality of the dossier under Clause 1 of this Article within 1 working day.

If the dossier is complete and valid, the state inspection agency shall give certification in the written registration and take samples under regulations.

If the dossier is incomplete or invalid, the state inspection agency shall issue a written reply, clearly stating the reason for refusal to give certification.

c/ Taking samples for quality inspection

To carry out physical inspection to see whether the fertilizer lot at the sampling place is consistent with information in the registration dossier. In case of consistency, to take fertilizer samples for state inspection of quality of imported fertilizers. To seal up fertilizer samples and make a sampling minutes according to Form No. 17 provided in Appendix I to this Decree.

To test all quality criteria and limited elements of fertilizers under relevant national technical regulations on fertilizer quality. In case quality criteria are not yet set out for domestic testing laboratories, the agency assigned to perform the state management of fertilizers shall consider accepting the fertilizer producer’s quality testing results.

d/ Notification of inspection results

Within 10 working days after taking samples for inspection, the state inspection agency shall issue a notice of results of state inspection of quality of imported fertilizers, made according to Form No. 18 provided in Appendix I to this Decree, to the concerned organization or individual.

Fertilizers may be brought to warehouses for preservation before inspection results are notified and must comply with regulations on procedures for customs inspection and supervision for imported and exported goods.

3. Exemption from or reduction of inspection of quality of imported fertilizers

a/ Inspection exemption or reduction may apply to fertilizers of the same name, code, type, producer, origin or importer, which satisfy quality requirements for import as shown by results of 3 consecutive times of state inspection of fertilizer quality. The volume of fertilizers upon each subsequent import must not exceed the total volume of fertilizers of 3 consecutive imports used as grounds for inspection exemption or reduction.

b/ Inspection exemption or reduction period is 12 months. The frequency of taking fertilizer samples for quality inspection under Point c, Clause 2 of this Article for fertilizers eligible for inspection exemption or reduction must not exceed 20% within a year as randomly selected by the inspection agency.

c/ During inspection exemption or reduction period, an importer shall submit a dossier of request for state inspection under Point a, Clause 1 of this Article to the agency in charge of state inspection of quality of imported fertilizers defined in Clause 4 of this Article. The inspection agency shall take fertilizer samples for quality inspection with the frequency specified at Point b, Clause 3 of this Article.

If taking no fertilizer samples for quality inspection, within 2 days after receiving a valid dossier, the state inspection agency shall issue a notice of results of state inspection of quality of imported fertilizers, made according to Form No. 18 provided in Appendix I to this Decree, to the concerned organization or individual.

d/ Dossiers and procedures for requesting inspection exemption or reduction must comply with the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of  the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality, and Decree No. 154/2018/ND-CP of November 9, 2018, amending and supplementing a number of provisions on business investment conditions in the fields under the state management by the Ministry of Science and Technology, and regulations on specialized inspection.

dd/ During inspection exemption or reduction period, if imported goods sold in the market are detected to be unconformable with relevant national technical regulations or decisions on recognition of fertilizers to be sold in Vietnam, the agency assigned to perform the state management of fertilizers shall issue a notice of cancellation of inspection exemption or reduction.

4. The agency in charge of state inspection of quality of imported fertilizers is the Plant Protection Department or a regulation conformity certification institution that has its testing laboratories satisfying the conditions prescribed in Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP and is authorized by the Plant Protection Department in each period.

Article 22.Sampling and testing of fertilizers

1. Sampling of fertilizers

a/ Sampling methods must comply with the national standard on sampling of fertilizers;

b/ For fertilizers for which no national standard on sampling methods is available, producers or importers shall devise sampling methods and have them approved by the Plant Protection Department within 20 working days.

2. Testing of fertilizers

a/ Testing of fertilizer quality to serve the state management of import, production and sale of fertilizers in the market shall be carried out by designated laboratories.

b/ Methods of testing quality criteria and limited elements of fertilizers must comply with relevant national technical regulations. If such methods are not yet prescribed in national technical regulations, the Plant Protection Department shall approve testing methods to be applied.

Article 23.Contents and period of training and competence to grant fertilizer sampling certificates

1. Training contents include:

a/ Current regulations on fertilizers;

b/ Fertilizer sampling methods under national standards;

c/ Fertilizer sampling practice.

2. The training period is 5 days.

Based on results of examination after training, the competent agency shall grant a fertilizer sampling certificate according to Form No. 19 provided in Appendix I to this Decree.

3. Organizations and individuals that wish to attend training courses on fertilizer sampling shall register directly, by post or online with the competent agency.

4. The Plant Protection Department shall develop training programs, compile training materials, assume the prime responsibility for, and coordinate with schools and institutes in, organizing training courses on fertilizer sampling, and grant fertilizer sampling certificates.

Article 24.Dossiers, order, procedures and competence for certification of fertilizer advertising contents

1. A dossier of request for certification of fertilizer advertising contents must comprise:

a/ A written request for certification of fertilizer advertising contents, made according to Form No. 20 provided in Appendix I to this Decree;

b/ A valid copy of the decision on recognition of fertilizers to be sold in Vietnam;

c/ Two advertising screenplays and electronic audio and visual files or designs suitable to the advertising type and method (except advertising at workshops, conferences or events);

d/ For advertising at workshops, conferences or events, there must be programs (clearly stating contents); time and venue of workshops, conferences or events; contents of reports and documents to be delivered to participants; and list of names, titles and professional qualifications of rapporteurs.

2. Procedures and competence for certification of fertilizer advertising contents

An organization or individual shall send a dossier prescribed in Clause 1 of this Article to the concerned provincial-level Department of Agriculture and Rural Development;

Within 5 working days after receiving a complete dossier, the provincial-level Department of Agriculture and Rural Development shall appraise it. If the dossier satisfies the law-prescribed conditions, it shall issue a written certification of fertilizer advertising contents according to Form No. 21 provided in Appendix I to this Decree. In case of refusal to issue certification, it shall make a written reply, clearly stating the reason.

Written certifications of fertilizer advertising contents are valid nationwide.

3. For advertising at a workshop, conference or event, at least 2 working days before the advertising, the organization or individual having fertilizers accompanied by written certification of advertising contents shall send a notice of advertising form, time and venue enclosed with copies of such certification to the provincial-level Department of Agriculture and Rural Development of the locality where the advertising is made for examination and inspection when necessary.

Chapter V

RESPONSIBILITY FOR STATE MANAGEMENT OF FERTILIZERS

Article 25.Responsibilities of the Ministry of Agriculture and Rural Development

1. To submit to the Government for promulgation legal documents on fertilizer management; strategies, master plans, programs, plans and policies on fertilizer development; and fertilizer export and import.

2. To formulate national standards and technical regulations on fertilizers.

3. To manage the registration, testing, production, trading, export, import, quality management, labeling, advertising and use of fertilizers in Vietnam.

4. To research, collect and manage information and materials on fertilizer production and trading; to enter into international cooperation in the field of fertilizers.

5. To provide training and further training in, and disseminate legal documents on, fertilizers.

6. To organize inspection and examination, settle complaints and denunciations, and handle violations related to fertilizer management.

7. To build laboratories capable of serving the state management of fertilizers; to designate verification laboratories to act as arbitrations and make final conclusions when arise disputes over or complaints about fertilizer testing results.

8. To publish the list of fertilizers recognized for sale in Vietnam on the portal of the Plant Protection Department.

9. To delegate powers for and authorize fertilizer management to its attached units and localities; to examine localities in performing their fertilizer management responsibility; to assign the Plant Protection Department to receive and settle administrative procedures falling within the competence of the Ministry of Agriculture and Rural Development, and organize the implementation of this Decree according to its competence.

Article 26.Responsibilities of provincial-level Departments of Agriculture and Rural Development

1. To submit to provincial-level People’s Committees policies in support of fertilizer production, trading and use in their localities.

2. To receive, monitor, examine and supervise organizations and individuals in the declaration of fertilizers’ regulation conformity; to examine the testing and advertising of fertilizers in localities; to publish on their portals lists of organizations and individuals that have registered regulation conformity declaration of their fertilizers.

3. To assume the prime responsibility for, and coordinate with related agencies in, disseminating and guiding laws, and providing information on fertilizer quality to fertilizer producers, traders and consumers.

4. To carry out inspection and examination and handle administrative violations in the field of fertilizers in their localities in accordance with law. To periodically inspect fertilizer trading conditions in their localities in accordance with this Decree. To coordinate with the Ministry of Agriculture and Rural Development and related ministries and sectors in carrying out examination and supervision, settling complaints and denunciations, and handling violations in fertilizer production, trading and advertising activities in their localities.

5. To assign specialized plant protection and quarantine agencies in their localities to receive and settle administrative procedures falling within their competence; to manage fertilizers in their localities according to their competence and send annual or unscheduled reports on performance of this task to the Plant Protection Department.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27.Transitional provisions

1. Results of fertilizer testing carried out under the Government’s Decree No. 108/2017/ND-CP of September 20, 2017, on fertilizer management, before the effective date of the Law on Crop Production may continue to be used.

2. Dossiers of application for permits or certificates or for issuance of decisions on recognition or state inspection of quality of imported fertilizers submitted before the effective date of this Decree while such permits or certificates or decisions are not yet granted or issued shall be processed under Decree No. 108/2017/ND-CP.

3. For types, ingredients and names of ingredients of fertilizers stated in decisions on recognition of fertilizers to be sold in Vietnam issued before the effective date of this Decree which are not conformable with the national technical regulation on fertilizer quality, Appendix V to Decree No. 108/2017/ND-CP may be used as a basis for certification or declaration of fertilizers’ regulation conformity until the expiry date of such decisions. Competent agencies shall, at the request of organizations and individuals, consider and adjust types, ingredients and names of ingredients of fertilizers in such decisions to make them conformable with the national technical regulation on fertilizer quality.

4. Decisions on recognition of organizations capable of fertilizer testing issued under Decree No. 108/2017/ND-CP are as valid as decisions on recognition of fertilizer testing organizations prescribed in this Decree.

5. Fertilizer sampling training certificates granted before the effective date of this Decree are as valid as fertilizer sampling certificates prescribed in this Decree.

6. Fertilizers bearing label prescribed in Decree No. 108/2017/ND-CP and produced, imported, sold or used before the effective date of the Law on Crop Production may continue to be sold or used until expiry dates shown on their labels. Fertilizer labels and packages bearing fertilizer labels prescribed in Decree No. 108/2017/ND-CP which are produced or printed before the effective date of the Law on Crop Production may continue to be used for a period not exceeding 2 years from the effective date of the Law on Crop Production.

7. Fertilizer import permits granted under Decree No. 108/2017/ND-CP may continue to be used until their expiry dates.

Article 28.Effect

1. This Decree takes effect on January 1, 2020.

2. The Government’s Decree No. 108/2017/ND-CP of September 20, 2017, on fertilizer management, ceases to be effective on the effective date of this Decree.

3. This Decree annuls the legal documents listed in Appendix III to this Decree.

Article 29.Organization of implementation

1. The Minister of Agriculture and Rural Development shall guide the implementation of this Decree.

2. 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
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.