Decree No. 113/2003/ND-CP On Management of Fertilizer Production and Business

DECREE OF THE GOVERNMENT

Regarding the management of fertilizer production and business

THE GOVERNMENT

Based on the Government Organization Law dated December 25, 2001

At the proposal of the Minister of Agriculture and Rural Development

DECREE:

PART I
GENERAL PROVISIONS

Article 1. This Decree stipulates the production, processing, export, import, business, testing, and state management of fertilizers, aiming to protect the legitimate interests of organizations and individuals engaged in fertilizer production, business, and use; contributing to increasing crop productivity and quality, preserving soil fertility, and protecting the ecological environment.

Article 2. The fertilizers regulated under this Decree include:

Inorganic fertilizers, organic bio-fertilizers, organic mineral fertilizers, multi-element fertilizers, compound fertilizers, mixed fertilizers, microbial fertilizers, foliar fertilizers, and other types of fertilizers supplemented with growth regulators (referred to collectively as fertilizers in this Decree).

Pure growth regulators, moisture retention products, and adhesives are not within the scope of regulation of this Decree.

Article 3. Domestic and foreign organizations and individuals involved in fertilizer activities within the territory of Vietnam must comply with this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 4. In this Decree, the following terms are understood as follows:

1. Root fertilizers: These are fertilizers applied directly to the soil or water to supply nutrients through plant roots.

2. Foliar fertilizers: These are fertilizers sprayed or poured directly onto leaves or stems to supply nutrients through the leaf surface.

3. Inorganic fertilizers (mineral fertilizers, chemical fertilizers): These are fertilizers containing essential inorganic nutrients for plant growth and development.

4. Single-component fertilizers (single mineral fertilizers): These are inorganic fertilizers containing only one nutrient element.

5. Multi-element fertilizers: These are inorganic fertilizers containing two or more nutrient elements.

6. Compound fertilizers: These are multi-element fertilizers produced by chemically combining raw materials.

7. Mixed fertilizers: These are multi-element fertilizers produced by mechanically mixing single-component fertilizers.

8. Microbial fertilizers: These are fertilizers containing one or more beneficial live microorganisms at appropriate densities according to established standards.

9. Organic bio-fertilizers: These are fertilizers produced from organic materials with the participation of beneficial live microorganisms or other biological agents.

10. Organic mineral fertilizers: These are fertilizers produced from organic materials mixed with one or more mineral nutrient elements.

11. Traditional organic fertilizers: These include manure, compost, effluent, straw, green manure, and crop residues.

12. Nutrient content: This refers to the amount of primary nutrients in fertilizers expressed as a percentage.

13. Permitted toxin content: This refers to the maximum allowable levels of heavy metals, harmful organisms, Biuret, and free acids in fertilizers.

14. Fertilizers with added growth regulators: These are inorganic or organic fertilizers supplemented with small amounts of vitamins, enzymes, organic acids, or chemicals that stimulate or inhibit plant growth and development.

15. Processing: This refers to enterprises with the function of producing fertilizers in Vietnam accepting contracts to produce fertilizers for foreign traders.

PART II
PRODUCTION AND PROCESSING OF FERTILIZERS

Article 5. Organizations and individuals engaged in fertilizer production must have a business registration certificate for fertilizer products issued by competent state authorities and meet the following conditions:

1. Possess machinery and equipment suitable for producing fertilizers that meet quality standards as prescribed.

2. Have a quality analysis and testing unit. If lacking such a unit, they must hire a laboratory recognized by competent state authorities.

3. Have a waste treatment system during production to prevent environmental pollution and ensure labor safety and environmental hygiene conditions in accordance with labor laws and environmental protection laws.

4. Staff and workers must have the necessary expertise and skills to meet technological requirements for fertilizer production and quality management.

Article 6. The Ministry of Agriculture and Rural Development shall announce the "List of Fertilizers Permitted for Production, Business, and Use in Vietnam" (referred to collectively as the List of Fertilizers) for each period.

Article 7. For fertilizers not listed in the List of Fertilizers, organizations and individuals wishing to conduct experimental production must obtain written approval from the Ministry of Agriculture and Rural Development.

Article 8. Organizations and individuals meeting the conditions specified in Article 5 of this Decree are permitted to process fertilizers for foreign traders.

Article 9. Processing fertilizers not listed in the List of Fertilizers for export requires the approval of the Ministry of Agriculture and Rural Development.

CHAPTER III
IMPORT, EXPORT, AND BUSINESS OF FERTILIZERS

Article 10. Importing fertilizers not listed in the List of Fertilizers for experimental purposes must be approved by the Ministry of Agriculture and Rural Development.

Article 11. Organizations and individuals exporting and importing fertilizers are responsible for the quality of the fertilizers.

Article 12. Temporary importation, re-exportation, and transshipment of fertilizers shall be carried out in accordance with current regulations on temporary importation and re-exportation and transshipment of goods.

Article 13. Organizations and individuals engaged in fertilizer business must meet the following conditions:

1. Possess a business registration certificate for fertilizer products.

2. The location for fertilizer business must not cause environmental pollution.

3. Have storage facilities for fertilizers.

Article 14. Fertilizers during transportation must be packaged or contained securely to ensure quality and prevent environmental pollution.

Article 15. Fertilizers must bear product labels in compliance with the regulations of the competent authority regarding labeling of domestic circulating goods and imported/exported goods.

Article 16. It is prohibited to engage in business with fertilizers not listed in the List of Fertilizers, counterfeit fertilizers, expired fertilizers, suspended production/sales fertilizers, and fertilizers without product labels or labels inconsistent with registration.

PART IV
TESTING AND RECOGNITION OF FERTILIZERS

Article 17. Fertilizers subject to testing include: microbial fertilizers, organic bio-fertilizers, organic mineral fertilizers, foliar fertilizers, and fertilizers supplemented with growth regulators not yet listed in the List of Fertilizers permitted for production, business, and use in Vietnam.

The Ministry of Agriculture and Rural Development shall specify the procedures and formalities for testing fertilizers.

Article 18. Types of fertilizers not required to undergo testing include:

1. Fertilizers listed in the Catalogue of permitted fertilizers for production and business in Vietnam.

2. Inorganic fertilizer types such as single-component fertilizers, multi-element fertilizers, compound fertilizers, and blended fertilizers that meet quality standards;

3. Traditional organic fertilizers;

4. Fertilizers resulting from research projects recognized by the Ministry of Science and Technology or the Ministry of Agriculture and Rural Development as technological advancements.

Article 19. Organizations and individuals conducting fertilizer trials must have the conditions stipulated by the Ministry of Agriculture and Rural Development.

The Ministry of Agriculture and Rural Development shall organize the evaluation and recognition of new fertilizers.

CHAPTER V
STATE MANAGEMENT OF FERTILIZERS

Article 20. State management of fertilizers includes:

1. Developing planning and programs for fertilizers;

2. Issuing or submitting to competent authorities for issuance and implementation of legal documents on fertilizer management, production procedures, fertilizer standards, and policies encouraging fertilizer production and use;

3. Testing and recognizing new fertilizers;

4. Collecting and managing information and materials related to fertilizers;

5. Organizing research and application of advanced science and technology in fertilizer activities;

6. Promoting knowledge and experience on fertilizer management and use;

7. Inspecting and investigating compliance with state regulations, resolving complaints and disputes regarding fertilizers;

8. International cooperation in the field of fertilizers.

Article 21. The Ministry of Agriculture and Rural Development shall be responsible for:

1. Taking the lead and coordinating with the Ministry of Industry and other relevant ministries and sectors to develop plans and policies for fertilizer use and organic fertilizer production;

2. Drafting, issuing, or submitting to competent authorities for issuance and implementation of regulatory legal documents, procedures, norms, standards, and policies on fertilizer use and organic fertilizer production;

3. Organizing testing and recognizing new fertilizers;

4. Collecting and managing information and materials related to fertilizers;

5. Coordinating with other ministries and sectors in organizing research and application of advanced science and technology in fertilizer use and organic fertilizer production activities;

6. Inspecting, investigating, and handling violations in fertilizer use and organic fertilizer production;

7. Promoting knowledge and experience on fertilizer business, use, and organic fertilizer production;

8. International cooperation in the fields of fertilizer use and organic fertilizer production.

Article 22. The Ministry of Industry is responsible for:

1. Taking the lead and coordinating with the Ministry of Agriculture and Rural Development and other relevant ministries and sectors to develop plans and policies for inorganic fertilizer production;

2. Drafting, issuing, or submitting to competent authorities for issuance and implementation of regulatory legal documents, procedures, norms, standards, and support policies for inorganic fertilizer production development;

3. Collecting and managing information and materials on inorganic fertilizer production;

4. Organizing research and application of advanced science and technology in inorganic fertilizer production activities;

5. Inspecting, investigating, and handling violations in inorganic fertilizer production;

6. Promoting knowledge and experience on inorganic fertilizer production;

7. International cooperation in the field of inorganic fertilizer production.

Article 23. Provincial People's Committees and municipal people's committees directly under the central government within their authority and responsibilities shall perform state management functions over the following aspects:

1. Developing local fertilizer usage plans;

2. Directing and guiding effective fertilizer use without causing environmental pollution;

3. Inspecting, investigating, and handling violations in the fertilizer sector.

Article 24. Organizations and individuals producing and trading in fertilizers must pay fees and charges for new fertilizer testing and recognition, and fertilizer quality inspection according to the law on fees and charges.

Chapter VI
HANDLING VIOLATIONS

Article 25. Organizations and individuals who violate the provisions of this Decree on fertilizer production, purchase, sale, transportation, and supply of fertilizer services shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must provide compensation.

Article 26. Any person who abuses their position or power and violates the provisions of this Decree and engages in other acts contrary to the laws on state management of fertilizers shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must provide compensation.

Chapter VII
IMPLEMENTING PROVISIONS

Article 27. This Decree takes effect fifteen days after its publication in the Official Gazette, and all previous provisions inconsistent with this Decree are repealed.

Article 28. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.