Circular No. 05/2005/TT-BCN guiding the implementation of Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on the management of fertilizer production and business.

CIRCULAR

Guidelines for Implementing Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on Management of Fertilizer Production and Business

of the Government on Management of Fertilizer Production and Business

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Pursuant to Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on Management of Fertilizer Production and Business;

The Ministry of Industry issues guidelines for implementing Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on Management of Fertilizer Production and Business as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular guides the development of planning, policies, procedures, standards, and support policies for production, collection, and management of information materials, organization of research and application of advanced science and technology, inspection, supervision, handling of violations, dissemination of knowledge and experience, and international cooperation in the field of inorganic fertilizer production.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Organizations and individuals within Vietnam and foreign organizations and individuals engaged in fertilizer production and business activities on Vietnamese territory must comply with Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on Management of Fertilizer Production and Business and this Circular, except where international treaties to which Vietnam is a party provide otherwise.

II. SPECIFIC PROVISIONS

1. Planning, Policies:

Inorganic fertilizer production planning, policies are part of the Chemical Industry Development Strategy and Plan until 2010 with a view to 2020. The Ministry of Industry is the main agency coordinating with the Ministry of Agriculture and Rural Development, relevant ministries, sectors, and localities to update, supplement, and adjust plans and policies for inorganic fertilizer production development to exploit and process domestic resources and mobilize resources to build a stronger fertilizer industry, contributing to increasing crop productivity, soil fertility, and ecological environment protection. Investment in inorganic fertilizer production by organizations and individuals must be consistent with approved production development plans by the Prime Minister, ensuring social security and sustainable development. Support for inorganic fertilizer production through policies on capital, tax, infrastructure, etc., shall be coordinated by the Ministry of Industry with relevant ministries, sectors, and localities, and submitted to the Prime Minister for consideration and decision on a case-by-case basis.

2. Standards, Quality of Inorganic Fertilizers:

Organizations and individuals producing and trading fertilizers must strictly register standards with the Department of Agriculture and Rural Development at the locality where they conduct business.

Organizations and individuals producing and trading inorganic fertilizers must ensure minimum quality standards as follows:

- Urea:

+ Total nitrogen ≥ 46%

+ Moisture ≤ 0.5%

+ Particle size 1.4 - 2.8 mm ≥ 75%; 1 - 2.5 mm ≥ 90%; 1 mm ≤ 1%

+ Biuret content ≤ 1.5%.

- Single superphosphate:

+ Effective phosphorus content ≥ 16%₂O₅ + Free acid ≤ 4%

+ Moisture ≤ 13%.

- Molten phosphate:

effective ≥ 13.5%

+ Effective phosphorus content ≥ 16%₂O₅ + Moisture ≤ 1%.

- DAP:

+ Nitrogen content: 16% - 18% weight

: 46% - 48% weight.

+ Effective phosphorus content ≥ 16%₂O₅- High-grade single superphosphate with effective phosphorus content from 28% to 32% and molten phosphate with effective phosphorus content from 17% upwards using initial raw material of type II apatite ore are encouraged for production and trade.

- NPK compound fertilizers must have a total nutrient content ≥ 18%₂O₅ Labels for inorganic fertilizers shall be implemented according to Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister on "Regulations for Product Labeling in Domestic Circulation and Export and Import," and Decision No. 95/2000/QĐ-TTg dated August 15, 2000 of the Prime Minister on amending and supplementing certain contents of the Regulations for Product Labeling in Domestic Circulation and Export and Import issued together with Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister.₂O₅ 3. Production and Processing of Inorganic Fertilizers:

Organizations and individuals producing and processing inorganic fertilizers must obtain a business registration certificate for inorganic fertilizer products from the provincial Department of Planning and Investment and meet the following conditions:

- Possess machinery, equipment, and workshops suitable for producing inorganic fertilizers meeting published quality standards;

- Have a quality analysis and testing unit. If lacking such a unit, they must hire a specialized unit recognized by competent state authorities for analysis;

- Have measures and means to ensure labor safety, fire prevention, and environmental protection solutions in accordance with labor laws and environmental protection laws;

- Have storage facilities sufficient for registered quantities;

- Staff and workers with expertise and skills to meet production technology and quality management requirements;

- Produce types of fertilizers listed in the "Catalogue of Fertilizers Permitted for Production, Trade, and Use in Vietnam" during each period. For inorganic fertilizers not listed in the Catalogue, if organizations or individuals wish to produce them, they must obtain written approval from the Ministry of Agriculture and Rural Development.

4. Collection and Management of Information and Materials on Inorganic Fertilizer Production:

- Organizations and individuals are responsible for reporting their annual inorganic fertilizer production plans to the Ministry of Industry and the Ministry of Agriculture and Rural Development, specifying each type of fertilizer categorized into groups: compound fertilizers, specialized fertilizers, single fertilizers, quantities, and qualities of each type of fertilizer to be produced in the following year, by the beginning of November each year.

- Organizations and individuals engaged in inorganic fertilizer production and trade must submit semi-annual and annual reports on production volume, consumption, and inventory to the Ministry of Industry using Form No. 1 attached. Semi-annual reports should be submitted no later than July 15, and annual reports no later than January 15 of the following year.

4. Collecting and managing information and materials on the production of inorganic fertilizers:

- Organizations and individuals responsible shall notify the Ministry of Industry and the Ministry of Agriculture and Rural Development of their annual plans for the production of inorganic fertilizers, specifying each type of fertilizer categorized into groups: compound fertilizers, specialized fertilizers, single-component fertilizers, quantities, and quality of each type of fertilizer to be produced in the following year, at the beginning of November each year.

- Organizations and individuals engaged in the production and business of inorganic fertilizers must submit semi-annual reports and annual reports on the quantity produced, consumed, and stock levels to the Ministry of Industry according to Form No. 1 attached. The reports must be submitted to the Ministry of Industry no later than July 15 (for semi-annual reports) and January 15 of the following year (for annual reports).

5. Organize research and apply advanced science and technology to activities in the field of inorganic fertilizer production:

- Mobilize domestic and foreign resources, from individuals and organizations for researching and applying advanced science and technology to inorganic fertilizer production. Utilize existing resources effectively to enhance the capacity to produce inorganic fertilizers serving agriculture. The Department of Science and Technology, Ministry of Industry shall take the lead and coordinate with relevant departments and agencies to implement scientific and technological programs on fertilizers and programs for efficient exploitation and utilization of apatite ores for fertilizer production.

- Invest in producing inorganic fertilizers using advanced technologies to create high-quality products at low costs.

- Strengthen management of production quotas, product quality, environmental monitoring, and implement measures to minimize environmental pollution.

6. Inspect, audit, and handle violations in inorganic fertilizer production:

The Machinery, Metallurgy, and Chemicals Department of the Ministry of Industry shall be responsible for leading and coordinating with relevant departments under the Ministry of Industry to perform specialized management tasks in inspecting and auditing to correct, detect, prevent, and promptly handle violations in implementing Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government and regulations stipulated in this Circular. While performing their duties, inspection and audit agencies and personnel must strictly comply with relevant laws; respect the rights and legitimate interests of inspected organizations and individuals.

Inspection and auditing shall be conducted in the following forms:

a) Regular inspections and audits (every six months, annually) according to functional management and authority prescribed by law.

b) Surprise inspections and audits: The head of the leading inspection and audit agency decides on the composition of the inspection team based on the purpose, requirements, scope, and content of the inspection and audit; if a multi-sector inspection team needs to be established, they shall report to the leadership of the Ministry of Industry to invite relevant agencies to send representatives to participate in coordination.

Inspections and audits conducted by teams shall be carried out pursuant to a written decision of the Minister of Industry. The inspection and audit decision must clearly state the name and address of the inspected organization or individual; the time, scope, and content of the inspection; and the composition of the team.

Inspections and audits shall be conducted based on the actual operations of organizations and individuals engaged in inorganic fertilizer production. Inspected organizations and individuals have the responsibility to facilitate the inspection team's performance of its tasks and have the right to appeal or report on the inspection and audit activities in accordance with the law.

The results of inspections and audits shall be recorded in a protocol, which describes the inspection process; the team's conclusions regarding violations by the inspected organization or individual; recommendations or requests of the inspection team; and other necessary contents. The protocol must bear the signature of the head of the inspection team and the head of the inspected organization or individual.

Organizations and individuals engaged in inorganic fertilizer production will be subject to examination and handling in accordance with the law if they commit any of the following violations:

- Producing fake fertilizers or substandard fertilizers that do not meet registered standards.

- Producing fertilizers not included in the list of fertilizers permitted for production, trade, and use in Vietnam.

- Production facilities causing environmental pollution, failing to ensure safety conditions for labor and fire prevention.

- Deploying staff and workers without the required expertise to meet production technology and quality management requirements.

- Not implementing the semi-annual and annual statistical reporting system as prescribed.

Organizations and individuals assigned the task of inspecting and auditing inorganic fertilizer production will be subject to examination and handling in accordance with the law if they abuse their positions and powers, affecting business operations.

7. Promote knowledge and experience in inorganic fertilizer production:

- The Ministry of Industry encourages organizations and individuals engaged in inorganic fertilizer production to organize promotional activities such as field meetings; farmer skill competitions, etc., to guide consumers and stimulate demand for products.

- Organizations and individuals engaged in inorganic fertilizer production are free to advertise, promote, and disseminate knowledge and experience in inorganic fertilizer production through mass media in accordance with current regulations.

8. International cooperation in the field of inorganic fertilizer production:

The Ministry of Industry is the lead agency implementing international cooperation policies in the field of inorganic fertilizer production. All Vietnamese organizations and individuals may cooperate with foreign individuals and organizations to exploit capital, technology, and production and business experience to serve the development of the inorganic fertilizer industry in Vietnam in accordance with the spirit of Decree No. 113/2003/NĐ-CP dated October 7, 2003 and related international treaties to which Vietnam is a party.

III. IMPLEMENTATION PROVISIONS

This Circular shall take effect fifteen days after its publication in the Official Gazette. Previous regulations on inorganic fertilizer production that conflict with this Circular are hereby abolished.

The Ministry of Industry requests all Ministries, agencies equivalent to Ministries, agencies under the Government, People's Committees of provinces and centrally-administered cities, and central bodies of social organizations to notify enterprises under their jurisdiction of the contents of this Circular, implement it, and simultaneously reflect any issues arising during implementation to the Ministry of Industry for timely revision and supplementation to ensure compliance./.