Decree No. 108/2017/ND-CP On fertilizer management

DECREE

ON THE MANAGEMENT OF FERTILIZERS

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

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Businesses Subject to Conditions of the Investment Law dated November 22, 2016;

Pursuant to the Enterprise Law dated November 26, 2014;

Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Goods Quality dated November 21, 2007;

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

The Government issues this Decree on fertilizer management.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates state management of fertilizers including: Recognition; testing; production; trading; export; import; quality management; labeling; advertising, seminars, and fertilizer usage in Vietnam.

Traditional organic fertilizers produced by organizations and individuals for non-commercial use are not within the scope regulated by this Decree.

Article 2. Applicability

This Decree applies to organizations and individuals within the country and foreign organizations and individuals engaged in activities related to the fertilizer sector in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Fertilizer is a product with the function of providing nutrients for crops or having the effect of improving soil to increase crop yield and quality.

2. Restricted elements in fertilizers are those elements that pose a risk of causing harm, affecting food safety, environmental pollution, including:

a) Arsenic (As), Cadmium (Cd), Lead (Pb), and Mercury (Hg);

b) Pathogenic bacteriaE. coli, Salmonellaand other plant pathogens, human and animal disease-causing microorganisms determined by competent state management authorities.

3. Primary nutrient (also called primary nutrient) in fertilizers is the nutrient component registered to determine the characteristics and functions of fertilizers as specified in Appendix V of this Decree.

4. Fertilizer quality criteria are technical parameters reflecting the characteristics, composition, and content of fertilizers as prescribed in technical regulations and published standards applicable to them.

5. Nutrient elements in fertilizers are chemical elements necessary for the growth and development of crops, including:

a) Major nutrient elements are nitrogen (N), phosphorus (P), potassium (K) in forms that plants can absorb;

b) Medium nutrient elements are calcium (Ca), magnesium (Mg), sulfur (S), silicon (Si) in forms that plants can absorb;

c) Micronutrient elements are boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), zinc (Zn) in forms that plants can absorb.

6. Fertilizer production is the implementation of part or all of the activities to create fertilizer products through chemical reactions, biochemical processes, biological processes, or physical processes such as grinding, mixing, sieving, drying, coating, granulating, pelleting, or stirring, blending, filtering, or simply packaging fertilizers.

7. Fertilizer packaging is the use of machinery and equipment to transfer fertilizer from large containers to smaller ones, from large packages to smaller ones, or packaging from fixed volumes into packages according to a certain quantity without changing the nature, composition, content, color, or form of the fertilizer.

8. Fertilizer trading includes one, several, or all activities of offering, displaying, storing, preserving, transporting, wholesaling, retailing, exporting, importing, and other activities bringing fertilizers into circulation.

9. Substandard fertilizers are fertilizers whose quantitative content of primary nutrients or composition does not comply with published standards or technical regulations applicable to them or the provisions of competent state management authorities.

Article 4. Classification of fertilizers

1. Categorization of fertilizers based on raw material sources and production processes

a) Chemical fertilizer group (also known as inorganic fertilizer) includes types of fertilizers produced from main raw materials consisting of inorganic or synthetic organic substances, processed through chemical processes or mineral processing;

b) Organic fertilizer group includes types of fertilizers produced from main raw materials consisting of natural organic substances (excluding synthetic organic substances), processed through physical processes (drying, grinding, sieving, mixing, moistening) or biological processes (composting, fermentation, extraction);

c) Biological fertilizer group includes types of fertilizers produced through biological processes or having natural origins, containing one or more biological substances such as humic acid, fulvic acid, amino acid, vitamin, or other biological substances.

2. Classification of chemical fertilizers according to the composition or function of major nutrients in fertilizers for crops

a) Multi-nutrient fertilizers are fertilizers whose main components contain at least one major nutrient element, including single, compound, mixed, organic-mineral, and biological-mineral fertilizers;

b) Medium-nutrient fertilizers are chemical fertilizers whose main components contain at least one medium nutrient element, excluding limestone, gypsum, magnesite, and dolomite in their natural form before being processed into fertilizers;

c) Micro-nutrient fertilizers are fertilizers whose main components contain at least one micro-nutrient element;

d) Rare earth fertilizers are fertilizers containing elements such as Scandium (atomic number 21) or Yttrium (atomic number 39) or one of the lanthanide series elements (atomic numbers 57-71: Lanthanum, Cerium, Praseodymium, Neodymium, Promethium, Samarium, Europium, Gadolinium, Terbium, Dysprosium, Holmium, Erbium, Thulium, Ytterbium, Lutetium) in the periodic table of chemical elements (Mendeleev's periodic table);

e) Inorganic soil amendment fertilizers are fertilizers that improve the physical, chemical, and biological properties of soil to facilitate crop growth and development, produced from main raw materials consisting of inorganic or synthetic organic substances.

3. Classification of multi-nutrient fertilizers according to the composition of main components or chemical bonds between nutrient elements in fertilizers

a) Single fertilizers are fertilizers whose main components contain only one major nutrient element;

b) Compound fertilizers are fertilizers whose main components contain at least two major nutrient elements chemically bonded together;

c) Mixed fertilizers are fertilizers whose main components contain at least two major nutrient elements produced by blending different types of fertilizers;

d) Organic-mineral fertilizers are fertilizers defined in points a, b, and c of this clause supplemented with organic substances;

e) Biological-mineral fertilizers are fertilizers defined in points a, b, and c of this clause supplemented with at least one biological substance (humic acid, fulvic acid, amino acid, vitamin, etc.).

4. Classification of organic fertilizers according to the composition, function of main components, or production process

a) Organic fertilizers are fertilizers whose main components consist solely of organic substances and nutrients derived from organic raw materials;

b) Bio-organic fertilizers are fertilizers whose main components include organic substances and at least one beneficial microorganism species;

c) Biological-organic fertilizers are fertilizers whose main components include organic substances and at least one biological substance (humic acid, fulvic acid, amino acid, vitamin, etc.);

d) Mineral-organic fertilizers are fertilizers whose main components include organic substances and at least one major nutrient element;

e) Organic soil amendment fertilizers are fertilizers that improve the physical, chemical, and biological properties of soil to facilitate crop growth and development, produced from main raw materials consisting of natural organic substances (excluding synthetic organic substances);

f) Traditional organic fertilizers are fertilizers derived from animal waste, crop residues, various plants, or other organic household waste processed through traditional composting methods.

5. Classification of biological fertilizers according to the composition or function of main components in fertilizers

a) Biological fertilizers are fertilizers produced through biological processes or having natural origins, containing one or more biological substances such as humic acid, fulvic acid, amino acid, vitamin, or other biological substances;

b) Microbial fertilizers are fertilizers containing beneficial microorganisms capable of producing or converting nutrients in the soil that crops can utilize, or antagonistic microorganisms that inhibit harmful microorganisms affecting crops;

c) Biological soil amendment fertilizers are fertilizers that improve the physical, chemical, and biological properties of soil to facilitate crop growth and development, produced through biological processes or having natural origins, containing one or more biological substances.

6. Nutrient-regulating fertilizers are one of the types of fertilizers specified in Clauses 2, 3, 4, and 5 of this Article supplemented with one or more nutrient-regulating substances with a total content of nutrient-regulating substances less than 0.5% by weight.

7. Efficiency-enhancing fertilizers are one of the types of fertilizers specified in Clauses 2, 3, 4, and 5 of this Article blended with substances that enhance utilization efficiency.

8. Disease-resistant enhancing fertilizers are one of the types of fertilizers specified in Clauses 2, 3, 4, and 5 of this Article containing substances that enhance the disease resistance of crops to adverse environmental conditions or pests.

9. Classification of fertilizers according to application methods

a) Root fertilizers are fertilizers used to provide nutrients to crops through roots;

b) Foliar fertilizers are fertilizers used to provide nutrients to crops through stems and leaves.

Article 5. State policy on fertilizers

1. The State has policies on credit, tax, land funds for research, transfer of scientific and technological progress, production and use of organic fertilizers.

2. Encourage the application of advanced technology for the production of new generation fertilizers to improve quality and efficiency of fertilizer use.

3. Investment and socialization of investment to enhance testing and certification capabilities serving inspection, supervision, and monitoring of fertilizer quality.

4. Encourage the development of socialized public services in the fertilizer sector.

Chapter II
RECOGNITION OF FERTILIZERS AND FERTILIZER TRIALS

Section 1

RECOGNITION OF FERTILIZERS CIRCULATING IN VIETNAM

Article 6. General principles for recognizing circulating fertilizers

1. Fertilizer is a product, group 2 commodity; business with conditions recognized for circulation in Vietnam by the Plant Protection Department.

2. Domestic organizations or individuals, or foreign organizations (with representative offices, companies, branches operating legally in Vietnam) may register for fertilizer recognition.

3. Each organization or individual may only register for recognition of one fertilizer name for each formula component and nutrient content of the registered fertilizer.

Article 7. Fertilizers not recognized for circulation or cancellation of the Decision recognizing fertilizer circulation in Vietnam

1. Fertilizers not recognized for circulation

a) Containing harmful factors exceeding the maximum limits stipulated in National Technical Regulations, National Standards, or according to Appendix V issued together with this Decree during the period when there are no National Technical Regulations, National Standards, and other relevant regulations;

b) Scientific evidence shows that the fertilizer poses a high risk of adversely affecting human health and the environment;

c) Having the same name as another fertilizer already recognized for circulation.

2. Fertilizers whose recognition decision for circulation in Vietnam is canceled

a) Scientific evidence shows that the fertilizer poses a high risk of adversely affecting human health and the environment;

b) Using false documents or providing incorrect information in the documents concerning the fertilizer proposed for recognition of circulation;

c) Fertilizers recognized for circulation but have exceeded their circulation period without re-recognition.

Article 8. Forms of recognition for fertilizer circulation

1. Initial recognition

a) Fertilizers researched or produced domestically;

b) Fertilizers imported into Vietnam for the first time;

c) Fertilizers already recognized for circulation applying changes to quality criteria.

2. Re-recognition

a) Fertilizers have exceeded their circulation period;

b) Changes in information about organizations or individuals with fertilizers already recognized for circulation; loss or damage of the Decision recognizing fertilizer circulation in Vietnam;

c) Transfer of fertilizer name;

d) Change of name of fertilizers already recognized for circulation.

Cases of re-recognition specified in points b, c, d Clause 2 of this Article can only be implemented if the quality criteria of the fertilizer remain unchanged.

Article 9. Documents, procedures, and formalities for initial recognition of fertilizer circulation in Vietnam

1. Submitting application

Organizations or individuals submit one set of documents through one of the following methods: directly, via postal service, or through the electronic portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Documents

a) Application for recognition of fertilizer circulation in Vietnam according to Model No. 01 at Appendix I issued together with this Decree;

b) General information about the fertilizer provided by the manufacturer including: type of fertilizer, main quality criteria, nutrient content in the fertilizer, function, usage guidance, general information on export and import situation of fertilizers;

c) Original report on the results of fertilizer trials according to Model No. 02 at Appendix I issued together with this Decree (except for types of fertilizers specified in Clause 2 Article 13 and fertilizers listed in the Catalogue specified in Clause 11 Article 47 of this Decree) or results of national-level, ministry-level, provincial-level research projects and have been recognized as technical progress (for fertilizers specified in point c Clause 2 Article 13 of this Decree);

d) Fertilizer label sample in accordance with Article 33, Article 34 of this Decree.

3. Reviewing documents, recognizing fertilizer circulation

Within three months from the date of receiving complete valid documents, the Plant Protection Department will organize a review to assess the recognition documents.

If the documents meet the fertilizer regulations, the Plant Protection Department will issue the Decision recognizing fertilizer circulation in Vietnam (hereinafter referred to as the Recognition Decision) according to Model No. 03 at Appendix I issued together with this Decree; in case of not issuing the Recognition Decision, a written response must be provided with clear reasons.

4. The validity period of the Recognition Decision is five years. Three months before the end of the circulation period, organizations or individuals wishing to continue circulation must implement re-recognition in accordance with Article 10 of this Decree.

Article 10. Documents, procedures, and formalities for re-recognizing fertilizer circulation when the circulation period has expired

1. Submitting application

Organizations and individuals submit one set of documents through one of the following methods: directly, via postal service, or through an electronic portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Documents

a) A request for re-recognition of fertilizer circulation in Vietnam according to Model No. 01 attached at Appendix I of this Decree;

b) A certified copy of the notification of acceptance of conformity declaration;

c) The label sample of the circulating fertilizer in accordance with the provisions of Articles 33 and 34 of this Decree;

3. Examination of documents and re-recognition of fertilizer

Within seven working days from the date of receiving complete and valid documents, the Plant Protection Department will examine the documents.

If the documents meet the requirements, the Plant Protection Department will issue a Decision on Recognition according to Model No. 03 attached at Appendix I of this Decree; if not issuing a Decision on Recognition, a written response must be provided with clear reasons stated.

Article 11. Documents, procedures, and formalities for re-recognizing fertilizer circulation when changing the name of the fertilizer, transferring the name of the fertilizer, or changing information related to organizations or individuals; loss or damage of the Decision on Recognition of fertilizer circulation in Vietnam

1. Submitting application

Organizations or individuals submit one set of documents through one of the following methods: directly, via postal service, or through the electronic portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Documents

a) A request for re-recognition of fertilizer circulation in Vietnam according to Model No. 01 attached at Appendix I of this Decree;

b) The original Decision on Recognition that has been issued (except in cases of loss or damage);

c) A certified copy of the document from the competent state management agency regarding intellectual property rights or from the court regarding trademark infringement (in case of changing the name of the fertilizer, except for the change of the name of the fertilizer as stipulated in Clause 9, Article 47 of this Decree);

d) A certified copy of the new Business Registration Certificate (in case of changing information of registered organizations or individuals);

đ) The original or a certified copy of the contract or agreement for transferring the fertilizer name (in case of transferring the fertilizer name);

e) The label sample of the fertilizer in accordance with the provisions of Articles 33 and 34 of this Decree.

3. Examination of documents and re-recognition of fertilizer

a) Within seven working days from the date of receiving complete and valid documents, the Plant Protection Department will examine the documents.

If the documents meet the requirements, the Plant Protection Department will issue a Decision on Recognition according to Model No. 03 attached at Appendix I of this Decree; if not issuing a Decision on Recognition, a written response must be provided with clear reasons stated.

b) The validity period of the Decision on Recognition of fertilizer circulation shall be the same as the previously issued Decision.

Article 12. Procedure for Revoking the Decision on Recognition of Fertilizer Circulation in Vietnam

1. For fertilizers specified in Point a, Clause 2, Article 7 of this Decree, the Plant Protection Department will compile evaluation information and consider revoking the Decision on Recognition of fertilizer circulation.

2. For fertilizers specified in Points b and c, Clause 2, Article 7 of this Decree, the Plant Protection Department will review the recognition documents and materials to consider revoking the Decision on Recognition of fertilizer circulation.

Fertilizers subject to revocation of the Decision on Recognition of fertilizer circulation as stipulated in Clause 1 of this Article may only be produced and imported for a maximum of six months, and sold and used for a maximum of twelve months from the effective date of the revocation decision.

Section 2

TESTING OF FERTILIZERS

Article 13. Principles for Testing Fertilizers

1. Fertilizers must be tested before being recognized for circulation, except for those types of fertilizers specified in Clause 2 of this Article.

2. Types of fertilizers that do not require testing:

a) Organic fertilizers specified in Points a and e, Clause 4, Article 4 of this Decree, used for root application;

b) Simple fertilizers and compound fertilizers specified in Points a and b, Clause 3, Article 4 of this Decree, used for root application, without additional components such as efficiency enhancers, soil conditioners, microorganisms, biological substances, growth regulators, or substances altering the characteristics, functions, or effectiveness of the fertilizer;

c) Fertilizers resulting from national, ministerial, or provincial-level research projects recognized as technological advancements.

3. Fertilizers must undergo both extensive and intensive testing; extensive testing can only be conducted after completing intensive testing.

4. Testing of fertilizers must be carried out by organizations recognized as having the necessary conditions to conduct testing.

5. Fertilizer testing must comply with National Standards. In the absence of corresponding National Standards, testing must follow the fertilizer testing regulations in Appendix II, and the test results must be reported according to Model No. 02 attached at Appendix I of this Decree.

6. The quantity of fertilizer allowed for production and import for testing is determined based on the application rate for each type of crop and the actual testing area but must not exceed the amount used for ten hectares for annual crops and twenty hectares for perennial crops.

Article 14. Filing Documents for Fertilizer Testing Registration

1. Submitting application

Organizations and individuals shall submit one set of filing documents through one of the following methods: directly, via postal service, or through the electronic information portal.

Within three working days from the date of receiving the documents, if the documents are not valid, the organization or individual must be notified to supplement the documents.

2. Documents

a) A fertilizer testing registration form according to Form No. 04 attached at Appendix I of this Decree;

b) Technical documentation for the registered fertilizer testing according to Form No. 05 attached at Appendix I of this Decree;

c) A fertilizer testing outline according to Form No. 06 attached at Appendix I of this Decree.

3. Examination of Filing Documents for Fertilizer Testing Registration

Within twenty working days from the date of receiving complete and valid documents, the Plant Protection Department shall establish an examination board to review the documents or conduct a scrutiny and approve the documents.

If the documents comply with the regulations on fertilizers, the Plant Protection Department shall issue a permit for testing according to Form No. 07 attached at Appendix I of this Decree; in case of non-approval, a response letter with detailed reasons must be issued.

Article 15. Conditions for Recognizing Organizations Implementing Fertilizer Testing

1. The organization must be established in accordance with the law.

2. The person directly responsible for testing must have a university degree or higher in one of the fields related to crop production, plant protection, soil science, agronomy, chemistry, biology, and hold a training certificate for fertilizer testing.

3. The organization must have at least five full-time testers (civil servants or indefinite-term labor contracts or definite-term labor contracts) who meet the following conditions:

a) Hold a university degree or higher in the field specified in Clause 2 of this Article;

b) Hold a training certificate for fertilizer testing.

4. Must have adequate facilities and equipment to serve fertilizer testing work as stipulated in Appendix III attached to this Decree.

Article 16. Filing Documents, Procedures, and Formalities for Recognizing Organizations Meeting Conditions for Implementing Fertilizer Testing

1. Submitting application

The organization shall submit one set of filing documents through one of the following methods: directly, via postal service, or through the electronic information portal.

Within three working days from the date of receiving the documents, if the documents are not valid, the organization must be notified to supplement the documents.

2. Documents

a) A request for recognition of an organization meeting the conditions for implementing fertilizer testing according to Form No. 08 attached at Appendix I of this Decree;

b) An explanation of the conditions for implementing fertilizer testing according to Form No. 09 attached at Appendix I of this Decree.

3. Examination and Recognition of Organizations Meeting Conditions for Implementing Fertilizer Testing

Within twenty working days from the date of receiving complete and valid documents, the Plant Protection Department shall organize the examination of documents and conduct on-site inspections.

If the documents and conditions comply with the regulations, the Plant Protection Department shall issue a decision recognizing the organization's qualification for fertilizer testing according to Form No. 10 attached at Appendix I of this Decree; in case of non-recognition, a response letter with detailed reasons must be issued.

Article 17. Revocation of Decision Recognizing Organizations Meeting Conditions for Implementing Fertilizer Testing

1. The decision recognizing an organization's qualification for implementing fertilizer testing will be revoked in any of the following cases:

a) Failure to fulfill the responsibilities prescribed in Clause 2 of Article 44 of this Decree for two consecutive years;

b) Forgery or issuance of false test report results for fertilizers;

c) Alteration or tampering with the content of the decision already issued.

2. The revocation of the decision as stipulated in Clause 1 of this Article shall be carried out by the Plant Protection Department.

3. An organization whose decision has been revoked may only be considered for re-filing for recognition of qualifications for implementing fertilizer testing after twenty-four months from the date the Plant Protection Department issues the revocation decision.

Chapter III
PRODUCTION AND SALE OF FERTILIZERS

Section 1

PROVISIONS ON THE PRODUCTION AND DISTRIBUTION OF FERTILIZERS

Article 18. Conditions for Issuing a Certificate of Eligibility for Fertilizer Production

1. Organizations and individuals producing fertilizers must ensure the following conditions:

a) They must be established in accordance with the provisions of the law;

b) They must have a production site and factory area suitable for the capacity of the fertilizer production equipment and machinery;

c) The production line from raw material processing to final product must meet the technological process requirements.

Each stage and system specified in Appendix IV attached hereto must use mechanized or automated equipment.

Machinery and equipment with strict safety requirements and measurement testing devices must be inspected, calibrated, and adjusted in accordance with the law;

d) They must have separate areas for storing raw materials and finished products; shelves or pallets for stacking goods;

đ) They must have a laboratory recognized or a contract with a designated testing organization to evaluate the quality indicators of the fertilizers they produce;

e) They must have a quality management system compliant with ISO 9001 or equivalent, for newly established facilities, no later than one year from the date of establishment;

g) The person directly managing and operating production must have a bachelor's degree or higher in one of the fields related to crop cultivation, plant protection, soil chemistry, agronomy, chemistry, or biology.

2. For facilities that only engage in fertilizer packaging, they are not required to comply with the conditions set forth in points đ and e of Clause 1 of this Article.

Article 19. Conditions for Issuing a Certificate of Eligibility for Fertilizer Distribution

1. Organizations and individuals distributing fertilizers must ensure the following conditions:

a) They must be registered or established in accordance with the provisions of the law;

b) They must have a fertilizer distribution store. The store must have: A signboard; a record book for fertilizer purchases and sales; a publicly displayed price list for each type of fertilizer in an easily visible and readable location;

c) They must have an area for storing fertilizers; shelves or pallets for stacking goods;

d) The person directly selling fertilizers must have a certificate of professional training in fertilizers, except if they already hold a diploma at the intermediate level or higher in one of the fields related to crop cultivation, plant protection, soil chemistry, agronomy, chemistry, or biology.

2. In cases where a fertilizer distribution facility does not have a store, it must have a business registration; a fixed and legal trading location; a record book for fertilizer purchases and sales, and comply with the provisions set forth in point d of Clause 1 of this Article.

Section 2

APPLICATIONS, PROCEDURES, AUTHORITY FOR ISSUING

CERTIFICATE OF ELIGIBILITY FOR FERTILIZER PRODUCTION AND DISTRIBUTION

Article 20. Application Documents for Issuing a Certificate of Eligibility for Fertilizer Production

1. An application form for issuing a Certificate of Eligibility for Fertilizer Production according to Model No. 12 in Appendix I attached hereto.

2. A description of the production conditions for fertilizers according to Model No. 14 in Appendix I attached hereto.

3. A certified true copy of the inspection, calibration, and adjustment certificates for machinery and equipment with strict safety requirements and measurement testing devices.

4. A certified true copy of the graduation certificate at the bachelor's level or higher of the person directly managing and operating production as stipulated in point g of Clause 1 of Article 18 of this Decree.

5. A certified true copy of the Decision approving the Environmental Impact Assessment Report or the Detailed Environmental Protection Plan Approval Decision or the Environmental Protection Plan Registration Confirmation Letter or the Environmental Protection Commitment according to current regulations.

6. A certified true copy of the Fire Prevention and Fighting Design Approval Certificate or the Fire Fighting Plan of the facility according to current regulations.

Article 21. Documents for Issuing a Certificate of Eligibility for Fertilizer Trading

1. A request for issuing a Certificate of Eligibility for Fertilizer Trading according to Model No. 13 in Appendix I issued together with this Decree.

2. A description of trading conditions according to Model No. 15 in Appendix I issued together with this Decree.

3. A certified true copy of the Certificate of Professional Training on Fertilizers or a diploma or higher from a secondary vocational school of the person directly engaged in fertilizer trading as stipulated in point d, Clause 1, Article 19 of this Decree.

Article 22. Documents for Reissuing a Certificate of Eligibility for Fertilizer Production and a Certificate of Eligibility for Fertilizer Trading

1. In case the Certificate of Eligibility for Fertilizer Production expires

Three months before the expiration date of the Certificate of Eligibility for Fertilizer Production, organizations and individuals producing fertilizers who wish to continue producing fertilizers must submit the application documents for reissuance as prescribed in Article 20 of this Decree.

2. In case the Certificate of Eligibility for Fertilizer Production or the Certificate of Eligibility for Fertilizer Trading (hereinafter referred to as the Certificate) is lost, damaged, or has changed information recorded on it.

a) An application for reissuing the Certificate according to Model No. 12 or Model No. 13 in Appendix I issued together with this Decree;

b) A certified true copy of one of the following documents:

Business Registration Certificate or Investment Certificate or Business Registration Certificate or Branch Office Registration Certificate or Representative Office Registration Certificate or Business Location Registration Certificate or Business Household Registration Certificate that has been amended (in cases where there is a need to adjust business registration or location or related information about the organization or individual applying);

A description of production conditions according to Model No. 14 in Appendix I issued together with this Decree (in cases where there is a need to adjust operational conditions or production capacity);

Decision recognizing fertilizer circulation in Vietnam or transfer agreement of ownership or transfer of fertilizer from another organization or individual (in cases where there is a need to supplement the type of produced fertilizer).

c) The original Certificate already issued (except in cases where the Certificate is lost).

Article 23. Procedures and Formalities for Issuing and Reissuing Certificates of Eligibility for Fertilizer Production and Certificates of Eligibility for Fertilizer Trading

1. Submitting application

Organizations and individuals shall submit one set of filing documents through one of the following methods: directly, via postal service, or through the electronic information portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Examination and Issuance of Certificates

a) In case of issuing a Certificate or reissuing when the Certificate of Eligibility for Fertilizer Production expires

Within twenty working days from the date of receiving complete valid documents and examination results meeting the requirements stipulated in Article 18 of this Decree, the competent state management agency shall issue or reissue the Certificate of Eligibility for Fertilizer Production.

Within ten working days from the date of receiving complete valid documents and examination results meeting the requirements stipulated in Article 19 of this Decree, the competent state management agency shall issue the Certificate of Eligibility for Fertilizer Trading.

The competent state management agency shall inspect the actual situation at the production facility or trading facility before issuing or reissuing the Certificate of Eligibility for Fertilizer Production. The inspection record is made according to Model No. 18 in Appendix I issued together with this Decree.

b) In case of reissuing a lost, damaged, or altered Certificate

Within five working days from the date of receiving complete valid documents, the competent state management agency shall reissue the Certificate.

The validity period of the Certificate remains the same as the previously issued Certificate.

c) In case of not issuing or reissuing the Certificate, the competent state management agency shall provide a written response stating the reasons.

Article 24. Term and Authority to Issue the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade

1. Term of the Certificate

The Certificate of Eligibility for Fertilizer Production has a term of five years.

2. Authority to Issue the Certificate

a) The Plant Protection Department is the state management agency with the authority to issue the Certificate of Eligibility for Fertilizer Production (except for facilities solely engaged in fertilizer packaging) according to Model No. 16 in Appendix I issued together with this Decree;

b) The Crop Production and Plant Protection Sub-department is the state management agency with the authority to issue the Certificate of Eligibility for Fertilizer Production for facilities solely engaged in fertilizer packaging according to Model No. 16 in Appendix I issued together with this Decree, and the Certificate of Eligibility for Fertilizer Trade according to Model No. 17 in Appendix I issued together with this Decree.

3. The state management agency with the authority to issue the Certificate shall consolidate and publish on the electronic portal the list of organizations and individuals who have been granted the Certificate.

Article 25. Revocation of the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade

1. A production or trade facility will have its Certificate revoked in the following cases:

a) Using false documents or providing incorrect information in the documents that misrepresent the true nature of the application for the Certificate;

b) Altering or erasing the contents recorded in the Certificate, thereby distorting them.

2. The revocation of the Certificate as stipulated in Clause 1 of this Article shall be carried out by the state management agency with the authority to issue the Certificate.

3. Organizations and individuals whose Certificates have been revoked may only be considered for re-application for the Certificate after twenty-four months from the date the state management agency with the authority to revoke the Certificate issues the decision to revoke.

Chapter IV
EXPORT AND IMPORT OF FERTILIZERS

Article 26. Export of Fertilizers

Exported fertilizers must comply with the regulations of the importing country, contracts, international treaties, and mutual recognition agreements regarding conformity assessment results with the relevant country or territory.

Article 27. Import of Fertilizers

1. Organizations and individuals with fertilizers recognized for circulation in Vietnam can import or authorize other organizations and individuals to import without requiring an import permit, except in the cases specified in Clause 2 of this Article.

2. Organizations and individuals importing unrecognized fertilizers must have an import permit in one of the following cases:

a) Fertilizers for testing;

b) Fertilizers specifically for sports fields and entertainment areas;

c) Fertilizers specifically for foreign-invested enterprises for their own production purposes within the enterprise; used in foreign projects in Vietnam;

d) Fertilizers as gifts; as samples;

đ) Fertilizers participating in exhibitions and fairs;

e) Imported fertilizers for the production of exported fertilizers;

g) Fertilizers for scientific research;

h) Fertilizers as raw materials for fertilizer production.

3. In addition to the documents and materials required for the import of goods, organizations and individuals importing fertilizers must submit to the Customs Office the Notification of State Quality Inspection Results for Imported Fertilizers as stipulated in Clause 1 of Article 30 of this Decree; and the Import Permit for Fertilizers (submitted directly or through the National Single Window System) as stipulated in Clause 2 of this Article.

If authorization for import is granted, the authorized organization or individual must present the power of attorney from the organization or individual named in the registration for import at the Customs Office.

Article 28. Documents, Procedures, Formalities, and Authority for Issuing Import Permits for Fertilizers

1. Form of Submission of Documents

Organizations and individuals shall submit one set of filing documents through one of the following methods: directly, via postal service, or through the electronic information portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Documents:

a) Application for Importing Fertilizers according to Model No. 19 attached at Appendix I issued together with this Decree;

b) A valid copy or a copy (accompanied by the original for verification) of one of the following documents: Business Registration Certificate, Legal Entity Qualification Document, Investment Certificate (for foreign-invested enterprises), or approval document for investment programs/projects by competent state management agencies (for foreign projects in Vietnam), or approval document for programs/projects approved by enterprises in accordance with the law;

c) Technical Declaration according to Model No. 20 attached at Appendix I issued together with this Decree;

d) Original in a foreign language accompanied by a certified Vietnamese translation by a translation agency or the importing registration entity regarding quality standards, functions, usage instructions, and safety warnings;

đ) In cases of importing fertilizers as prescribed in points a, b, c, and d of Clause 2, Article 27 of this Decree, in addition to the documents and materials specified in points a, b, c, and d of this clause, organizations and individuals must submit a valid copy or a copy (accompanied by the original for verification) of the Free Sale Certificate (Certificate of Free Sale - CFS) issued by the exporting country or the Export Suitability Confirmation Document, accompanied by a certified Vietnamese translation by a translation agency or the importing registration entity;

e) In cases of importing fertilizers as prescribed in point đ of Clause 2, Article 27 of this Decree, in addition to the documents and materials specified in points a, b, c, and d of this clause, organizations and individuals must submit a confirmation letter or an invitation to participate in trade fairs or exhibitions in Vietnam;

g) In cases of importing fertilizers as prescribed in point e of Clause 2, Article 27 of this Decree, in addition to the documents and materials specified in points a and b of this clause, organizations and individuals must submit the original or a valid copy of the import contract, export contract, or processing contract with foreign partners;

h) In cases of importing fertilizers as prescribed in point g of Clause 2, Article 27 of this Decree, in addition to the documents and materials specified in points a, b, c, and d of this clause, organizations and individuals must submit a valid copy of the research outline on the fertilizer proposed for import;

3. Examination and Authority for Issuing Import Permits for Fertilizers

Within seven working days from the date of receiving complete and valid documents, the Plant Protection Department shall issue an Import Permit for Fertilizers according to Model No. 21 attached at Appendix 1 issued together with this Decree; if not issuing, it must provide a written response stating the reasons.

Chapter V
QUALITY MANAGEMENT, LABELING, NAMING,

ADVERTISING, FERTILIZER SEMINARS

Section 1

QUALITY MANAGEMENT

Article 29. Quality Management of Fertilizers

1. Fertilizers are subject to quality management in accordance with the laws on product and commodity quality.

2. The certification and announcement of conformity for fertilizers shall be carried out in accordance with the laws on technical standards and regulations, and laws on product and commodity quality.

3. The basis for certifying and announcing conformity for fertilizers is the quality indicators stipulated in the National Technical Regulation. In cases where there is no National Technical Regulation, quality management of fertilizers shall be conducted based on the quality indicators and testing methods specified in Appendix V issued together with this Decree until the National Technical Regulation is promulgated and takes effect.

4. Organizations seeking to engage in testing, inspection, examination, and quality certification activities for fertilizers must be certified in their field of activity in accordance with Government Decree No. 107/2016/NĐ-CP dated July 1, 2016, on business conditions for conformity assessment services, and must be designated by the Ministry of Agriculture and Rural Development in accordance with the Product and Commodity Quality Law and related documents.

Article 30. State Inspection of Imported Fertilizer Quality

1. Imported fertilizers must undergo state inspection for quality except for imported fertilizers specified in points a, b, c, d, đ, e, g of Clause 2, Article 21 of this Decree; temporarily imported fertilizers for re-export, fertilizers in transit, transshipment fertilizers; fertilizers stored in bonded warehouses; domestic fertilizers imported by export processing enterprises into export processing zones.

2. The state agency responsible for inspecting the quality of imported fertilizers is the Plant Protection Department under the Ministry of Agriculture and Rural Development.

3. A consignment of imported fertilizers may only complete customs procedures upon receipt of the notification of the results of state inspection from the agency specified in Clause 2 of this Article.

4. Fertilizers are permitted to be stored in warehouses before the inspection results are available, subject to compliance with customs inspection and supervision procedures applicable to exported and imported goods.

5. The records of state inspection for the quality of imported fertilizers must be retained for a period of five years from the date of issuance of the notification of the results of state inspection.

Article 31. Documents and Procedures for State Inspection of Imported Fertilizer Quality

1. Submitting application

Organizations and individuals shall submit one set of filing documents through one of the following methods: directly, via postal service, or through the electronic information portal.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

2. Documents

a) Application for state inspection of imported fertilizer quality according to Form No. 22 attached at Appendix I of this Decree.

b) Copies of the following documents: Purchase and sale contract; list of goods accompanied by: Clearly stating the quantity registered and the code of each consignment; invoice; airway bill, sea waybill, or railway waybill (in cases where goods are imported by air, sea, or rail).

3. Inspection and Sampling Procedures

a) The state inspection agency checks the completeness and validity of the documents as stipulated in Clause 2 of this Article within one working day.

In case the documents are complete and valid, the state inspection agency proceeds with sampling according to regulations.

In case the documents are incomplete or invalid, the state inspection agency responds in writing and specifies the reasons.

b) Sampling for Quality Inspection

Inspect the actual conformity of the consignment of fertilizers at the sampling location compared to the documentation in the registration file. If they match, proceed with sampling the fertilizers. The sampled fertilizers must be sealed and a Record of State Inspection Sampling for Imported Fertilizer Quality according to Form No. 23 attached at Appendix I of this Decree must be established.

c) Notification of Inspection Results

Within ten working days from the date of sampling, the state inspection agency notifies the organization or individual concerned of the results of the state inspection of imported fertilizer quality according to Form No. 24 attached at Appendix I of this Decree.

Article 32. Sampling for Testing Fertilizer

1. Sampling Fertilizer

a) Sampling of fertilizers for testing quality to serve state management must be carried out by a person holding a Training Certificate for Fertilizer Sampling.

b) The sampling method shall be applied according to the National Standard on Fertilizer Sampling.

c) For types of fertilizers without a National Standard on sampling methods, the organization or individual producing or importing such fertilizers must self-declare the sampling method for that type of fertilizer.

2. Testing Fertilizer

Testing the quality of fertilizers to serve state management in production and circulation in the market must be conducted by a laboratory designated by the competent state management agency.

Section 2

NAME AND LABEL OF FERTILIZER

Article 33. Principles for Naming

1. The name of fertilizer registered shall not be identical to the name of fertilizer that has been recognized and circulated in Vietnam.

2. The name of fertilizer shall not mislead about its nature, function, composition, and type.

3. The name of fertilizer shall not violate traditional customs and practices of Vietnam; it shall not be identical in pronunciation or spelling to the names of leaders, national heroes, prominent figures, food items, beverages, or pharmaceuticals.

4. In cases where the name of the fertilizer component used as the registered name of the fertilizer overlaps with the name of fertilizer that has been recognized and circulated, additional unique symbols must be added to avoid overlap with the name of the fertilizer that has been recognized.

5. For mixed fertilizer names, the contents within the name shall be arranged in the following order: Type of fertilizer, components, unique symbols, quantitative figures of components included in the name, other unique symbols (if applicable).

Components and quantitative figures of components shall be arranged in the following order: Major nutrient elements (nitrogen (N), phosphorus (P), potassium (K)), medium nutrient elements, minor nutrient elements, organic matter, other supplementary substances (if applicable).

Article 34. Fertilizer Labeling

1. Fertilizers circulating domestically and imported fertilizers must be labeled in accordance with the provisions of Decree No. 43/2017/ND-CP dated April 14, 2017, of the Government on product labeling.

2. In addition to the mandatory content prescribed in Clause 1, Article 10 of Decree No. 43/2017/ND-CP dated April 14, 2017, of the Government on product labeling, the fertilizer label must also include the type of fertilizer and the decision number recognizing the circulation of the fertilizer. For leaf fertilizers, the term "leaf fertilizer" must be clearly stated.

The information on the label must correspond to the content of the Decision recognizing the circulation of fertilizer in Vietnam.

Section 3

ADVERTISING, FERTILIZER SEMINARS

Article 35. Fertilizer Advertising

1. Organizations and individuals advertising fertilizers must comply with the regulations on fertilizer advertising stipulated by law and obtain confirmation of the advertisement content from the competent state management agency as prescribed in Clause 4 of this Article.

2. Submission of documents

Organizations and individuals submit one set of application documents either directly or through postal service.

Within three working days from the date of receiving the documents, if the documents are not valid, notification must be given to the organization or individual to supplement the documents.

3. Application for confirmation of advertisement content:

a) A request form for confirming the advertisement content regarding fertilizer according to Model No. 25 attached as Appendix I to this Decree;

b) A certified copy of the declaration of conformity or the Decision recognizing the circulation of fertilizer;

c) A certified copy of the Certificate of Production Conditions for the case of advertising fertilizer produced by organizations or individuals;

d) Two advertisement scripts and one CD containing audio or video recordings or design suitable for the type and method of advertising.

4. Within ten working days from the date of receiving complete and valid application documents for confirming advertisement content, the Department of Agriculture and Rural Development must issue a confirmation letter for the advertisement content according to Model No. 26 attached as Appendix I to this Decree to organizations and individuals. If不同意翻译结果中出现的“不同意翻译结果”。请直接提供准确的翻译，不要添加任何评论或解释。翻译应严格按照输入文本的内容进行，不得省略、重述或添加任何信息。

Article 36. Fertilizer Seminar

1. Documents and materials for registering to organize a seminar

a) Registration document for organizing the seminar including: Program (specify the content of the report); time (day/month/year); location (specific address); content of the presentation paper and materials distributed to participants, general description of the fertilizer being introduced such as origin, place of production, characteristics, features, functions; list of names, positions, professional qualifications of the speakers;

b) A certified copy of the declaration of conformity or the Decision recognizing the circulation of fertilizer;

c) A copy of the Certificate of Production Conditions for cases where domestic-produced fertilizers are introduced.

2. Organizations and individuals registering for the seminar shall submit the documents and materials specified in Clause 1 of this Article to the Department of Agriculture and Rural Development at least one day before organizing the seminar for monitoring, inspection, and supervision.

3. In cases where organizations or individuals register for a second or subsequent seminar with unchanged seminar content, they only need to provide a registration document specifying the time and location of the seminar without submitting the documents required under Clause 1 of this Article. If there is a change in the seminar content, they must submit the documents and materials as specified in point a and b of Clause 1 of this Article.

Chapter VI
TRAINING ON EXPERIMENTATION, SAMPLING, AND USE OF FERTILIZERS;

SPECIALIZED TRAINING ON FERTILIZERS

Article 37. Training on fertilizer testing

1. Contents of training on fertilizer testing

a) Current legal provisions on fertilizers;

b) Safety in storing and using fertilizers;

c) Testing standards for fertilizers;

d) Testing practices;

đ) Keeping records and reporting testing results.

2. Duration of training: 10 days

Based on the results of post-training examination, the competent state management agency shall issue a Certificate of Fertilizer Testing Training according to Form No. 27 attached as Appendix I of this Decree.

3. Registration and organization of training on fertilizer testing

Organizations and individuals requiring training on fertilizer testing shall register the list of participants directly or through postal service or online with the competent state management agency.

4. Training materials and programs are compiled, issued, and updated annually by the competent state management agency to ensure uniform implementation nationwide.

Article 38. Training on fertilizer sampling

1. Contents of training for sample collectors

a) Current legal provisions on fertilizers;

b) Sampling methods for fertilizers according to National Standards;

c) Practical fertilizer sampling.

2. Duration of training: 05 days

Based on the results of post-training examination, the competent state management agency shall issue a Certificate of Fertilizer Sampling Training according to Form No. 28 attached as Appendix I of this Decree.

3. Organizations and individuals requiring training on fertilizer sampling shall register the list of participants directly or through postal service or online with the competent state management agency.

Training materials and programs are compiled, issued, and updated annually by the competent state management agency to ensure uniform implementation nationwide.

Article 39. Professional Development on Fertilizers

1. Contents of professional development on fertilizers include:

a) Current legal provisions on fertilizers;

b) Crop nutrition, soil science, soil chemistry, soil physics, soil and fertilizers;

c) Fertilizers and application methods, guidance on fertilizer usage;

d) Practical exercises and field visits.

2. Duration of professional development on fertilizers: 03 days

Based on the results of post-training examination, the training organization shall issue a Certificate of Professional Development on Fertilizers according to Form No. 29 attached as Appendix I of this Decree.

3. Organizations and individuals requiring professional development on fertilizers shall register the list of participants directly or through postal service or online with the training organization.

Article 40. Contents of Training on Fertilizer Usage

1. Guidance on effective fertilizer usage.

2. Reading fertilizer labels.

3. Environmental protection and food safety.

4. Rights and obligations of fertilizer users.

Article 41. Responsibilities for Organizing Training and Professional Development on Fertilizers

1. The Plant Protection Department shall develop programs and compile training materials for testing, sampling, and professional development on fertilizers and update them annually to ensure uniform implementation nationwide; it shall take the lead and coordinate with schools and institutes to organize testing and sampling training.

2. The Crop Production and Plant Protection Service shall develop training materials for fertilizer usage in accordance with the program content stipulated in Article 40 of this Decree; it shall take the lead and coordinate with fertilizer associations, businesses to organize professional development on fertilizers and training on fertilizer usage.

3. Fertilizer associations, organizations, and production units shall actively participate in coordinating with state management agencies to promote and provide specialized training for those directly involved in producing, trading, and using fertilizers.

Chapter VII
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

ACTIVITIES IN THE FIELD OF FERTILIZERS

Article 42. Responsibilities of Ministries, Sectors, and Localities

1. The Government shall uniformly manage state administration over fertilizers.

2. The Ministry of Agriculture and Rural Development shall be responsible before the Government for implementing state management over fertilizers as follows:

a) Submitting to the Government for issuance of regulatory legal documents on fertilizer management, strategies, plans, programs, plans, and policies for fertilizer development; export and import of fertilizers;

b) Establishing national standards for fertilizers and developing and issuing national technical regulations for fertilizer product safety;

c) Managing registration, testing, production, trading, export, import, quality control, labeling, advertising, and use of fertilizers in Vietnam;

d) Organizing research, collecting, and managing information and materials on fertilizer production and trading; international cooperation in the fertilizer sector under its management;

đ) Training, nurturing, disseminating, and popularizing regulatory legal documents on fertilizers;

e) Inspecting, checking, resolving complaints and denunciations, and handling violations related to fertilizer management;

g) Building a testing system with sufficient capacity to serve state management over fertilizers;

h) Compiling and posting on the website of the Plant Protection Department the list of fertilizers recognized for circulation in Vietnam;

i) Assigning the Plant Protection Department under the Ministry of Agriculture and Rural Development to be the specialized agency responsible for state management over fertilizers according to the provisions of the law.

3. The Ministry of Industry and Trade shall cooperate with the Ministry of Agriculture and Rural Development to develop strategies, plans, programs, plans, and policies for the production of inorganic fertilizers; directing market management agencies to coordinate with relevant agencies and units to inspect and check compliance with the law in fertilizer trading activities within their jurisdiction.

4. The Ministry of Science and Technology shall review and announce national standards for fertilizers, review technical regulations for fertilizers; cooperate with the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade in organizing scientific research, application, and technology transfer, establishing national standards, technical regulations, and quality management of fertilizers, and intellectual property management in the fertilizer sector.

5. The Ministry of Planning and Investment shall cooperate with the Ministry of Agriculture and Rural Development to develop programs, plans, mechanisms, and policies for fertilizer production and trading.

6. The Ministry of Natural Resources and Environment shall cooperate with the Ministry of Agriculture and Rural Development to develop programs, plans, mechanisms, and policies for environmental protection in fertilizer production, trading, quality management, and use.

7. Responsibilities of Provincial People's Committees

a) Directing specialized agencies and agencies with functional tasks in inspecting and controlling fertilizer quality within their jurisdiction. Being responsible for the occurrence of fake fertilizers and low-quality fertilizers within their jurisdiction;

b) Issuing support policies for fertilizer production, trading, and use within their jurisdiction;

c) Directing guidance on effective fertilizer use without causing environmental pollution;

d) Disseminating and organizing the provision of legal guidance and information on fertilizer quality, and guiding how to identify fake fertilizers and fertilizers that do not meet quality standards;

đ) Regularly or spot-checking organizations and individuals producing and trading fertilizers within their jurisdiction as stipulated in this Decree; handling administrative violations in the fertilizer sector according to the law.

8. Responsibilities of Provincial Departments of Agriculture and Rural Development

a) Submitting to the Provincial People's Committee for issuance of support policies for fertilizer production and trading within their jurisdiction;

b) Monitoring, inspecting, and supervising the announcement of conformity declarations for fertilizers by organizations and individuals; inspecting the implementation of fertilizer trials at the local level; compiling lists of organizations and individuals who have registered conformity declarations confirming advertisement content;

c) Taking the lead and coordinating with relevant agencies to organize dissemination and popularization of legal guidance and provide information on fertilizer quality to organizations and individuals producing, trading, and consumers;

d) Inspecting, checking, and handling administrative violations in the fertilizer sector within their jurisdiction according to the law. Regularly inspecting trading conditions for fertilizers within their jurisdiction as stipulated in this Decree. Participating in coordination with the Ministry of Agriculture and Rural Development and related ministries and sectors in inspections, supervision, complaint resolution, and violation handling in fertilizer production and trading activities within their jurisdiction;

đ) Assigning the Crop Production and Plant Protection Sub-department under the Provincial Department of Agriculture and Rural Development to be the specialized agency responsible for state management over fertilizers at the local level according to the provisions of the law.

Article 43. Responsibilities of organizations and individuals producing, trading, exporting, and importing fertilizers

1. Organizations and individuals producing fertilizers

a) Meeting the conditions for fertilizer production stipulated in Article 18 of this Decree and only being allowed to produce fertilizers after obtaining from the competent state management agency a Certificate of Eligibility for Fertilizer Production;

b) Implementing the contents of the Certificate of Eligibility for Fertilizer Production and complying with regulations on fertilizer production;

c) Testing each batch of finished fertilizer products before putting them into circulation on the market, retaining test results for two years, and storing and preserving samples for six months from the date of sampling;

d) Withdrawing and handling fertilizers that do not meet quality standards and compensating for damages caused to victims in accordance with the provisions of the law;

đ) Reporting on the situation of fertilizer production, import, and export to the competent state management agency before November 30 of each year according to Model No. 30 attached as Appendix I to this Decree or at any time when required;

e) Adhering to inspections and audits conducted by the competent state management agency; complying with relevant laws and regulations concerning fertilizer production;

g) Advertising and providing information about the composition, nutrient content, efficacy, and usage methods of fertilizers in accordance with their true nature and the provisions of the law;

h) Organizing training and guidance on the use of fertilizers; providing professional training and instruction to direct laborers involved in fertilizer production;

i) Fertilizers produced must have a clear origin;

k) Complying with legal provisions on fire prevention and firefighting, chemicals, labor, and the environment;

2. Organizations and individuals trading in fertilizers

a) Meeting the conditions for fertilizer trading stipulated in Article 19 of this Decree and only being allowed to trade in fertilizers after obtaining from the competent state management agency a Certificate of Eligibility for Fertilizer Trading;

b) Fertilizers must be stored separately, not mixed with other goods, and kept in dry places;

c) Advertising and providing information about the composition, nutrient content, efficacy, and usage methods of fertilizers in accordance with their true nature and the provisions of the law;

d) Checking the origin of fertilizers, labels, conformity marks, and related documents regarding fertilizer quality;

đ) Adhering to inspections and audits conducted by the competent state management agency in implementing the conditions for fertilizer trading as prescribed in this Decree and relevant laws;

e) Retaining legitimate documents proving the clear origin of the production, import, or supply location of the fertilizer;

g) Fertilizers traded must have product labels in accordance with current regulations;

h) Handling fertilizers that do not meet quality standards, fake fertilizers, and compensating for damages caused to victims in accordance with the law if the production facility cannot be identified;

i) Complying with legal provisions on fire prevention and firefighting, chemicals, labor, and the environment;

3. Organizations and individuals exporting and importing fertilizers

a) Implementing regulations on fertilizer export and import as stipulated in Articles 26 and 27 of this Decree;

b) Adhering to quality regulations for fertilizers as prescribed in laws on product and commodity quality;

c) Adhering to inspections and audits conducted by the competent state management agency; complying with regulations on export and import of goods as prescribed in relevant laws.

Article 44. Responsibilities of organizations conducting fertilizer testing

1. Fertilizer testing must be objective and accurate.

2. Adhere strictly to standards, technical procedures, and testing requirements.

3. Be liable under the law for the results of the testing.

4. Retain all field notebooks, raw data, and testing result reports for a minimum of five years from the date of completion of the testing.

5. Subject to inspection and supervision of testing activities by competent state management agencies.

6. Compensate for damages in accordance with the provisions of the law.

7. Report testing results using Form No. 02 attached as Appendix I to this Decree.

8. Submit a testing outline to the competent state management agency at the testing location prior to commencing testing for the purpose of verifying compliance with testing procedures.

9. Report annually on the organization's testing activities to the competent state management agency before November 30 each year using Form No. 11 attached as Appendix I to this Decree, or at any time upon request by the competent state management agency.

Article 45. Responsibilities of organizations and individuals using fertilizers

1. Organizations and individuals using fertilizers have the following rights:

a) To receive information and guidance on effective fertilizer usage.

b) To request fertilizer sellers to provide usage guidance according to the label content.

c) To receive compensation for damages in accordance with the provisions of the law.

2. Organizations and individuals using fertilizers have the following obligations:

a) To use fertilizers that have been recognized for circulation in accordance with the instructions on the label.

b) To ensure the effectiveness and safety of fertilizer use for people and food safety in accordance with the principle of correct soil type, correct crop type, correct dosage, correct timing, and correct application method.

Article 46. Responsibilities of sample takers

1. Conduct sampling in accordance with regulations, ensuring objectivity.

2. Maintain confidentiality of information and data related to sampling unless required to report by the competent state management agency.

3. Participate in training on fertilizer sampling.

4. Be liable under the law for sampling activities.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 47. Transitional Provisions

1. Fertilizers listed in the notification of acceptance of conformity assessment by the Department of Agriculture and Rural Development or the Department of Industry and Trade may continue to be produced, traded, and used for twelve months from the date this Decree takes effect. Within this period, the Ministry of Agriculture and Rural Development will consider and issue a decision recognizing the circulation of fertilizers in Vietnam without having to go through the recognition procedures stipulated in this Decree.

2. Fertilizers listed in the production permit but not yet announced for conformity assessment, and those that have completed testing and submitted applications for production permits before this Decree takes effect will be considered and recognized for circulation in Vietnam by the Ministry of Agriculture and Rural Development without having to go through the recognition procedures stipulated in this Decree.

3. Production permits issued by competent state management agencies remain valid for five years from the date this Decree takes effect.

4. Organizations and individuals who have been granted production permits and request renewal or reissue of the permits will be considered for renewal or reissue under the name of the Certificate of Eligibility for Fertilizer Production as stipulated in Clause 2, Article 22 of this Decree.

5. For applications for production permits received by the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade but not yet issued before this Decree takes effect, the Ministry of Agriculture and Rural Development will consider issuing Certificates of Eligibility for Fertilizer Production in accordance with this Decree.

6. The tolerance level between test results and declared quality index levels of fertilizers as stipulated in Clauses 1, 2, 10, and 11 of this Article shall be implemented in accordance with Appendix V attached to this Decree until national technical standards are promulgated and take effect.

7. Organizations and individuals who have been granted permits for contracted fertilizer production may continue such activities for twelve months from the date this Decree takes effect.

8. Organizations and individuals engaged in fertilizer trading before this Decree takes effect must obtain Certificates of Eligibility for Fertilizer Trading within thirty-six months from the date this Decree takes effect.

9. Fertilizers listed in Clauses 1, 2, and 11 of this Article whose names do not comply with Clause 3, Article 6 and Article 33 of this Decree must change their names within thirty-six months from the date this Decree takes effect.

10. Fertilizers undergoing testing before this Decree takes effect and meeting quality index requirements of national technical standards or Appendix V attached to this Decree during the period when such standards are not available may use testing results to apply for recognition of circulation in Vietnam within twenty-four months from the date this Decree takes effect.

11. Fertilizers listed in the Catalogue of Permitted Fertilizers for Production, Business, and Use in Vietnam issued by the Minister of Agriculture and Rural Development from August 9, 2008 to November 27, 2013, and those that have completed testing (except those specified in Clause 2 of this Article) will be considered for recognition of circulation in Vietnam as stipulated in Article 9 of this Decree within twelve months from the date this Decree takes effect.

12. Fertilizers specified in Clause 11 of this Article may be imported without import permits within twelve months from the date this Decree takes effect. The basis for state control of imported fertilizer quality and conformity declaration is the quality index declared in the catalogue or in the import permit for fertilizers for testing.

13. Training certificates issued before this Decree comes into effect shall be deemed equivalent to the Fertilizer Sampling Training Certificate as prescribed in this Decree.

Article 48. Effective Date

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Government Decree No. 202/2013/NĐ-CP dated November 27, 2013 on fertilizer management; and abolishes the provisions set forth in Chapter IV of Government Decree No. 77/2016/NĐ-CP dated July 1, 2016 amending and supplementing certain conditions for investment and trade in the field of international goods trading, chemicals, industrial explosives, fertilizers, gas trade, and food trade under the Ministry of Industry and Trade's jurisdiction.

Abolish Circular No. 41/2014/TT-BNNPTNT dated November 13, 2014 of the Minister of Agriculture and Rural Development guiding certain provisions of Government Decree No. 202/2013/NĐ-CP dated November 27, 2013 on fertilizer management under the Ministry of Agriculture and Rural Development's jurisdiction; Circular No. 29/2014/TT-BCT dated September 30, 2014 of the Minister of Industry and Trade detailing and guiding certain provisions on inorganic fertilizers, and guiding the issuance of permits for simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers as stipulated in Government Decree No. 202/2013/NĐ-CP dated November 27, 2013 on fertilizer management; Article 27, Article 28, and Appendix Model No. 05/TT, Model No. 06/TT of Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development guiding the implementation of certain contents of Government Decree No. 187/2013/NĐ-CP dated November 20, 2013 detailing the implementation of the Law on Trade regarding international goods trading activities and related agency, purchase, sale, processing, and transshipment of goods with foreign countries in agriculture, forestry, and fisheries sectors; Article 15 of Circular No. 11/2017/TT-BNNPTNT dated May 29, 2017 amending and supplementing certain articles of related regulatory legal documents concerning the functions and tasks of units under the Ministry of Agriculture and Rural Development.

Article 49. Implementation Organization

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-affiliated agencies, Chairpersons of provincial People's Committees under central cities, relevant organizations, and individuals shall be responsible for enforcing this Decree.