Joint Circular No. 04/TT-LB guiding the implementation of Decision No. 47/CT of the Chairman of the Council of Ministers on the management, production, use, and trade of plant protection chemicals.

CIRCULAR
NUMBER 04/TT-LB OF NOVEMBER 21, 1990 BY THE JOINT MINISTRY OF HEAVY INDUSTRY AND AGRICULTURE - FOOD INDUSTRY GUIDING THE IMPLEMENTATION OF DECISION 47/CT OF THE CHAIRMAN OF THE STATE COUNCIL ON THE MANAGEMENT, PRODUCTION, USE, AND BUSINESS OF PLANT PROTECTION CHEMICALS

On February 20, 1990, the Chairman of the State Council issued Decision No. 47-CT on the management, production, business, and use of plant protection chemicals. To effectively implement this decision and clearly define the responsibilities of each sector regarding management in agricultural production protection work, while ensuring consistency in the protection of production, business, and use of plant protection chemicals; the Ministry of Heavy Industry and the Ministry of Agriculture and Food Industry provide guidance on the following points:

I. REGULATIONS ON THE LIST OF PLANT PROTECTION CHEMICALS PERMITTED FOR USE IN THE COUNTRY
PERMITTED FOR USE IN THE COUNTRY

The Ministry of Agriculture and Food Industry will establish a list of plant protection chemicals permitted for use in the country, including types, forms of drugs, quality standards, and regulations on organizing inspections to enforce these provisions, serving as a basis for management and creating favorable conditions for production, processing, business, and use of plant protection chemicals.

II. REGARDING THE PLAN FOR PRODUCTION AND PROCESSING OF PLANT PROTECTION CHEMICALS
PLANT PROTECTION

1. To ensure the demand for plant protection chemicals for agricultural production, at the beginning of the fourth quarter of the previous year, based on the forecasted agricultural production plan, the patterns of pest development, and predictive results..., the Ministry of Agriculture and Food Industry will issue a document proposing the annual demand for plant protection chemicals, including quantity, types, and forms of plant protection chemicals for each year, each season, and each region, to enable the Ministry of Heavy Industry and other chemical production units to develop plans, organize, and direct production and processing to serve agriculture.

2. The annual proposal of the demand for plant protection chemicals by the Ministry of Agriculture and Food Industry serves only as a guiding principle and can be adjusted according to actual pest situations.

3. At the beginning of each quarter, at the start of each season, and when there are urgent needs, both Ministries will jointly review the plan for producing chemical plant protection substances to align with actual conditions.

III. REGARDING THE PRODUCTION AND PROCESSING OF PLANT PROTECTION CHEMICALS

1. Based on the annual proposal of the demand for chemical plant protection substances from the Ministry of Agriculture and Food Industry, the Ministry of Heavy Industry will organize and direct production units to produce and process the correct quantities, types, and forms of chemical plant protection substances in accordance with quality standards. For plant protection chemicals that cannot be produced or processed domestically, plans for importing finished products from abroad will be made based on actual annual production requirements.

2. Organizations of state-owned enterprises, collectives, and private entities that meet the conditions for producing and processing plant protection chemicals must first be reviewed by the Ministry of Agriculture and Food Industry, and then the Ministry of Heavy Industry will issue permits for their production and processing (including both old and new units).

3. Organizations of state-owned enterprises, collectives, and private entities that meet the conditions for producing and processing other types of plant protection chemicals (excluding chemical plant protection substances) must obtain permits from the Ministry of Agriculture and Food Industry.

4. Monthly, production and processing units of plant protection chemicals must report to both Ministries about the results and difficulties in production and processing to balance and regulate plant protection chemicals in production.

IV. REGARDING THE IMPORT AND EXPORT OF PLANT PROTECTION CHEMICALS

1. The Ministry of Commerce will only issue import permits for raw materials and additives to manufacture plant protection chemicals to production and processing units, business units, and organizations with international cooperation programs upon confirmation by both Ministries: the Ministry of Agriculture and Food Industry and the Ministry of Heavy Industry.

2. The Ministry of Commerce will only issue export permits for plant protection chemicals to units upon confirmation by the Ministry of Agriculture and Food Industry to ensure domestic demand for plant protection chemicals or when deemed necessary, except for processing for foreign companies.

3. If it is necessary to urgently import finished products, units must obtain approval from the Ministry of Agriculture and Food Industry and the Ministry of Heavy Industry.

V. REGARDING SUPPLY AND MANAGEMENT OF THE USE OF PLANT PROTECTION CHEMICALS
PLANT PROTECTION AGENT

1. The Ministry of Heavy Industry is responsible for organizing and directing the supply of sufficient chemical plant protection substances for agricultural production.

2. The Ministry of Agriculture and Food Industry is responsible for organizing inspections of the supply of plant protection chemicals and providing guidelines for their use in agricultural production.

3. Production, processing, and business units of plant protection chemicals have the right to supply directly but must be linked to protective plant organizations at various levels or have the right to open retail outlets selling plant protection chemicals in localities, but they must adhere to the following principles:

- Sellers and agents of plant protection chemicals must register their business operations and apply to open retail outlets with the management agency authorized by the provincial People's Committee and must possess knowledge of plant protection or chemical plant protection, holding certificates issued by plant protection agencies at the provincial level or higher.

- They may only sell types and forms of drugs that meet the standards and quality specified in the list established by the Ministry of Agriculture and Food Industry. Drugs sold must bear the product quality stamp as prescribed by the State.

- Retail outlets must be convenient for consumers, must display prices for all types of drugs, and must not cause environmental pollution.

4. Monthly, business units dealing in plant protection chemicals must report to both Ministries on the results of supply and stock levels.

5. Production and business units of plant protection chemicals must fully assume responsibility for the quality of the drugs they produce and sell to consumers.

VI- IMPLEMENTATION

The Ministry of Heavy Industry and the Ministry of Agriculture and Food Industry request relevant sectors and localities to guide subordinate units in implementing this Circular.

Any issues encountered during implementation should be reported to both Ministries for research and supplementation to suit actual circumstances.

This Circular takes effect from the date of signature.