Decision No. 1229/QD-BNN-BVTV Regarding the announcement of new administrative procedures issued, procedures replaced, procedures superseded, and procedures abolished within the scope of management functions of the Ministry of Agriculture and Rural Development.

Pursuant to …;

Regarding the announcement of new administrative procedures issued, administrative procedures replaced, administrative procedures replaced, and administrative procedures abolished within the scope of management functions of the Ministry of Agriculture and Rural Development

_______________________________

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Resolution No. 57/NQ-CP of the Government dated December 15, 2010 on simplifying administrative procedures within the scope of management functions of the Ministry of Agriculture and Rural Development;

Pursuant to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issued by the Minister of Agriculture and Rural Development on the management of plant protection chemicals;

Considering the proposal of the Director of the Plant Protection Department and the Head of the Office of the Ministry of Agriculture and Rural Development,

DECISION:

Article 1. Announce along with this Decision 02 new administrative procedures issued, 08 administrative procedures replaced, 08 administrative procedures replaced, and 02 administrative procedures abolished within the scope of management functions of the Ministry of Agriculture and Rural Development.

Article 2. This Decision takes effect from February 25, 2013.

Article 3. The Director of the Ministry's Office, the Director of the Plant Protection Department, and related units shall be responsible for implementing this Decision./.

 

New administrative procedures issued, administrative procedures replaced, administrative procedures replaced, and administrative procedures abolished within the scope of management functions of the Ministry of Agriculture and Rural Development

(Announced together with Decision No. 1229/QD-BNN-BVTV dated May 30, 2013 of the Ministry of Agriculture and Rural Development)

 

PART I. LIST OF NEWLY ISSUED ADMINISTRATIVE PROCEDURES, REPLACED ADMINISTRATIVE PROCEDURES, REPLACED ADMINISTRATIVE PROCEDURES, AND ABOLISHED ADMINISTRATIVE PROCEDURES WITHIN THE SCOPE OF MANAGEMENT FUNCTIONS OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

PART II. SPECIFIC CONTENT OF EACH ADMINISTRATIVE PROCEDURE WITHIN THE SCOPE OF MANAGEMENT FUNCTIONS OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

I. Central-level Administrative Procedures:

A. List of newly issued administrative procedures

1. Reissue Plant Protection Chemicals Testing Permit

1. Implementation procedures:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the application within three (03) working days. If the application is complete according to regulations, it will be accepted; if not, the application will be returned to the organization or individual with instructions to supplement and complete the application.

- Step 2. Reviewing the application and reissuing

The Plant Protection Department reviews the application within five (05) working days from the date of receipt of a complete application:

If the application is valid, issue the Plant Protection Chemicals Testing Permit according to the model specified in Appendix XIII attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

If the application is invalid, notify the organization or individual of the required supplements and corrections according to regulations.

In case the Plant Protection Chemicals Testing Permit is not issued, the Plant Protection Department will notify the organization or individual in writing and specify the reasons.

b) For organizations and individuals applying for name change: If the application is valid and meets the requirements stipulated in Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, the Plant Protection Department will report to the Ministry of Agriculture and Rural Development. Within fifteen (15) working days from the date of submission by the registration authority, the Minister of Agriculture and Rural Development will issue a Circular on the list or amend and supplement the list of permitted, restricted, and prohibited plant protection chemicals in Vietnam.

Within ten (10) working days from the date of issuance of the Circular, the Plant Protection Department will issue the Plant Protection Chemicals Testing Permit according to the model specified in Appendix XIII attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) Application form for reissue according to the model specified in Appendix III attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

b) Original Plant Protection Chemicals Testing Permit (for cases of damage, errors, information changes, name changes of the registering organization or individual, replacement of paper);

c) Certified copy of the new Business Registration Certificate (for cases of name change of the registering organization or individual);

d) Label sample of the chemical as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 (for cases of errors, information changes, name change of the registering organization or individual).

2. Quantity: One (01) hard copy (paper file).

4. Time limit for processing:

- Five (05) working days from the date of submission of a valid application

- Ten (10) working days from the date of issuance of the Circular (for cases of name change of the registering organization or individual)

5. Administrative Procedure Implementing Authority:

a) Authority with decision-making power:

- Plant Protection Department

- Ministry of Agriculture and Rural Development (for cases of name change of the registering organization or individual)

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

- Appendix III: Form for requesting change of trade name/ transfer of trade name/ reissue, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and charges:

Issuance fee: 150,000 VND

9. Results of implementing the administrative procedure:

- Pesticide testing permit

- Validity period: five years (as per the validity period of the issued permit)

10. Conditions for implementing the administrative procedure: none

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

2. Reissue Registration Certificate for Pesticides

1. Implementation procedures:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

Check the completeness of the dossier within three working days. If the dossier is complete according to regulations, accept the dossier; if not complete, return the dossier to the organization or individual and request supplementation and completion of the dossier.

Step 2. Review the dossier and reissue

a) The Plant Protection Department reviews the dossier within five working days from the date of receipt of the complete dossier according to regulations:

If the dossier is valid, issue the Registration Certificate for Pesticides according to the form prescribed in Appendix XIV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

If the application is invalid, notify the organization or individual of the required supplements and corrections according to regulations.

In case the Registration Certificate for Pesticides is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

b) For cases where organizations or individuals apply to change the name: If the dossier is valid and meets the provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, the Plant Protection Department shall submit to the Ministry of Agriculture and Rural Development. Within fifteen working days from the date of submission by the registration authority, the Minister of Agriculture and Rural Development shall issue a Circular on the List or amend and supplement the List of pesticides permitted for use, restricted use, and prohibited use in Vietnam.

Within ten working days from the date of issuance of the Circular, the Plant Protection Department shall issue the Registration Certificate for Pesticides according to the form prescribed in Appendix XIV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) Application form for reissue according to the model specified in Appendix III attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

Original Registration Certificate for Pesticides that has been issued (for cases of damage; changes, errors; organizations or individuals applying to change the name; consolidation of certificates).

Certified copy of the new Business Registration Certificate (for cases of organizations or individuals applying to change the name).

d) Label sample of the chemical as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 (for cases of errors, information changes, name change of the registering organization or individual).

2. Quantity: One (01) hard copy (paper file).

4. Time limit for resolution:

- Five working days from the date of submission of a valid dossier.

- Ten (10) working days from the date of issuance of the Circular (for cases of name change of the registering organization or individual)

5. Administrative Procedure Implementing Authority:

a) Authority with decision-making power:

- Plant Protection Department

- Ministry of Agriculture and Rural Development (for cases of name change of the registering organization or individual)

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

- Appendix III: Form for requesting change of trade name/ transfer of trade name/ reissue, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and charges:

Issuance fee: 150,000 VND

9. Results of implementing the administrative procedure:

a) Registration Certificate for Pesticides

b) Validity period:

- Five years (as per the validity period of the issued certificate)

- In case of consolidation of Registration Certificates for Pesticides: The shortest validity period of the issued Registration Certificate for Pesticides.

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

B. List of Administrative Procedures Replaced

1. Application for Pesticide Testing Permit

1. Implementation procedures:

- Step 1: Submitting the dossier

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the dossier within three working days. If the dossier is complete according to regulations, accept the dossier; if not complete, return the dossier to the organization or individual and request supplementation and completion of the dossier.

Step 2: Review the dossier and issue the permit

The Plant Protection Department reviews the dossier within fifteen working days from the date of receipt of the complete dossier according to regulations (For cases of application for trial, review the dossier within five working days):

a) If the dossier is valid and meets the technical requirements specified in Appendix IV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issue the Pesticide Testing Permit according to the form prescribed in Appendix XIII attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

b) If the dossier is invalid and does not meet the technical requirements specified in Appendix IV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, notify the organization or individual in writing of the contents that need to be supplemented and completed according to regulations.

c) In case the Pesticide Testing Permit is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) For formal applications, supplementary applications for trade name registration:

- Application for registration of Pesticide Testing Permit according to the form prescribed in Appendix I attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

- Original Power of Attorney from the active substance manufacturer or technical product manufacturer applying for registration (In case the manufacturer authorizes another organization or individual);

- Original or certified copy of the Certificate confirming the status as the active substance manufacturer or technical product manufacturer issued by the competent authority of the country of origin;

- Original or certified copy of the Registration Certificate for the use of the drug abroad for officially registered drugs invented abroad or Decision of the Plant Protection Department recognizing it as a type of pesticide for officially registered drugs invented domestically;

- Detailed technical documentation in Vietnamese or English, copied and translated from the original, with confirmation stamp of the active substance manufacturer or technical product manufacturer specified in Appendix IV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

- Label sample of the drug as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

- Certified copy of the industrial property right certificate issued by the National Office of Intellectual Property of Vietnam or power of attorney, assignment agreement of the rights to use the industrial property right certificates for products in Vietnam by the owners of those products (if any).

b) For supplementary applications for scope of use, dosage, method of use

- Application for registration of Pesticide Testing Permit according to the form prescribed in Appendix I attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

- Certified copy of the Registration Certificate for Pesticides already issued;

- Label sample of the drug as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

c) For supplementary applications for drug form, active ingredient content

- Application for registration of Pesticide Testing Permit according to the form prescribed in Appendix I attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

- Certified copy of the Registration Certificate for Pesticides already issued;

- Label sample of the drug as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| Technical product documentation in Vietnamese or English, photocopied or translated from the original, bearing the manufacturer's confirmation stamp for active ingredients or technical products specified in Section II, Appendix IV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

||| d) Trial registration (for new active substances not included in the List of Pesticides Permitted for Use, Restricted Use, and Prohibited Use in Vietnam).

- Application for registration of Pesticide Testing Permit according to the form prescribed in Appendix I attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| - Material Safety Data Sheet (MSDS).

||| 2. Quantity: Two (2) copies including one (1) hard copy (paper file) and one (1) soft copy in PDF format.

4. Time limit for processing:

||| - Fifteen (15) working days from the date of submission of a valid application for official registration, brand name supplement; scope of use, dosage, method of use supplement; formulation, active ingredient content supplement registration.

||| - Five (5) working days for trial registration.

||| 5. Implementing agency ||| TTHC:

||| a) Competent authority: Plant Protection Department

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

||| - Appendix I: Application form for issuing a pesticide testing permit, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| - Appendix IV: Technical documents, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

8. Fees and charges:

||| a) For official registration and brand name supplement

||| - Chemical pesticides (one pest/host plant species, one finished product formulation, one level of active ingredient content):

||| Registration fee: 6,000,000 VND Examination fee: 300,000 VND

||| Each additional pest/host plant species, additional finished product formulation, additional level of active ingredient content in one pesticide testing permit: 500,000 VND per pest/host plant species, finished product formulation, level of active ingredient content.

||| - Biological pesticides

||| Registration fee: 3,500,000 VND Examination fee: 300,000 VND

||| Each additional pest/host plant species, additional host plant species, additional finished product formulation, additional level of active ingredient content in one pesticide testing permit: 200,000 VND per pest/host plant species, finished product formulation, level of active ingredient content.

||| b) For scope of use, dosage, method of use, formulation, active ingredient content supplement registration

||| Registration fee: 3,500,000 VND Examination fee: 300,000 VND

||| Each additional pest/host plant species, additional host plant species, additional finished product formulation, additional level of active ingredient content in one pesticide testing permit: 200,000 VND per pest/host plant species, finished product formulation, level of active ingredient content.

9. Results of implementing the administrative procedure:

- Pesticide testing permit

||| - Validity period of certificate: Five (5) years

||| 10. Conditions ||| to implement TTHC: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

||| 2. Official pesticide registration

1. Implementation procedures:

- Step 1: Submitting the dossier

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the dossier within three working days. If the dossier is complete according to regulations, accept the dossier; if not complete, return the dossier to the organization or individual and request supplementation and completion of the dossier.

||| - Step 2: Review the application and issue the certificate

a) The Plant Protection Department reviews the dossier within five working days from the date of receipt of the complete dossier according to regulations:

||| If the application is valid and meets the requirements set out in Chapter IX, Chapter XII, and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, proceed according to the provisions at Points b, c, d, đ.

||| If the application is invalid or does not meet the requirements set out in Chapter IX, Chapter XII, and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, notify the organization or individual of the necessary supplementary information to complete the application according to the regulations.

||| b) The Plant Protection Department organizes meetings of the Pesticide Advisory Council three (3) times a year to evaluate and approve proposed official pesticide registrations.

||| c) Immediately after the meeting results, within a maximum of ten (10) working days, the Plant Protection Department will notify organizations and individuals in writing of the Advisory Council's conclusions regarding:

||| - The pesticide registration request is accepted and a Certificate of Registration for Pesticides will be issued according to the model specified in Appendix XIV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, and the pesticide is permitted for circulation.

||| - The pesticide registration request is accepted but requires supplementary and completed documentation.

||| - The pesticide registration request is rejected and the reasons are stated.

||| d) The Plant Protection Department prepares files on all pesticides reviewed by the Advisory Council and proposes recognition to the Ministry of Agriculture and Rural Development.

||| đ) Within a maximum of fifteen (15) working days from the date of submission by the registration agency, the Minister of Agriculture and Rural Development issues the Circular on the List of Pesticides Permitted for Use, Restricted Use, and Prohibited Use in Vietnam.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

||| a) Pesticide registration application form according to the model specified in Appendix II issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| b) Photocopy of the pesticide testing permit issued by the Plant Protection Department;

||| c) Label sample of the pesticide as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| d) Original results of biological efficacy testing and isolation period determination testing according to the models specified in Appendices XVII and XVIII issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

||| 2. Quantity: One (1) hard copy (paper file), one (1) soft copy in Word or Excel format for the label sample.

4. Time limit for resolution:

||| Ten (10) working days from the date of the Advisory Council meeting results.

||| Issuance of the Circular on the List of Pesticides: Fifteen (15) working days.

5. ||| Implementing agency for TTHC:

||| a) Competent authority: Ministry of Agriculture and Rural Development

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

||| - Appendix II: Pesticide registration application form, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and charges:

||| Registration fee: 9,000,000 VND

||| Examination fee: 300,000 VND

9. Results of implementing the administrative procedure:

||| - Certificate of Registration for Pesticides

||| - Validity period: Five (5) years

10. Conditions for implementing the administrative procedure: none

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

||| 3. Supplemental pesticide registration

1. Implementation procedures:

- Step 1: Submitting the dossier

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the dossier within three working days. If the dossier is complete according to regulations, accept the dossier; if not complete, return the dossier to the organization or individual and request supplementation and completion of the dossier.

||| - Step 2: Review the application and issue the certificate

a) The Plant Protection Department reviews the dossier within five working days from the date of receipt of the complete dossier according to regulations:

||| If the application is valid and meets the requirements set out in Chapter IX, Chapter XII, and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, proceed according to the provisions at Points b, c, đ, đ.

||| If the application is invalid or does not meet the requirements set out in Chapter IX, Chapter XII, and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, notify the organization or individual of the necessary supplementary information to complete the application according to the regulations.

||| b) The Plant Protection Department organizes meetings of the Pesticide Advisory Council three (3) times a year to evaluate and approve proposed supplemental pesticide registrations.

||| c) Immediately after the meeting results, within a maximum of ten (10) working days, the Plant Protection Department will notify organizations and individuals in writing of the Advisory Council's conclusions regarding:

||| - The pesticide registration request is accepted and a Certificate of Registration for Pesticides will be issued according to the model specified in Appendix XIV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, and the pesticide is permitted for circulation.

||| - The pesticide registration request is accepted but requires supplementary and completed documentation.

||| - The pesticide registration request is rejected and the reasons are stated.

||| d) The Plant Protection Department prepares files on all pesticides reviewed by the Advisory Council and proposes recognition to the Ministry of Agriculture and Rural Development.

||| đ) Within a maximum of fifteen (15) working days from the date of submission by the registration agency, the Minister of Agriculture and Rural Development issues the Circular on the List of Pesticides Permitted for Use, Restricted Use, and Prohibited Use in Vietnam.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

||| a) Pesticide registration application form according to the model specified in Appendix II issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| b) Photocopy of the pesticide testing permit issued by the Plant Protection Department;

||| c) Label sample of the pesticide as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

||| d) Original results of biological efficacy testing and isolation period determination testing according to the models specified in Appendices XVII and XVIII issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

||| 2. Quantity: One (1) hard copy (paper file), one (1) soft copy in Word or Excel format for the label sample.

4. Time limit for processing:

||| Ten (10) working days from the date of the Advisory Council meeting results.

||| Issuance of the Circular on the List of Pesticides: Fifteen (15) working days.

5. Administrative Procedure Implementing Authority:

||| a) Competent authority: Ministry of Agriculture and Rural Development

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

||| 6. Object ||| to implement TTHC:

+ Individuals

+ Organizations

7. Forms, declarations:

||| - Appendix II: Pesticide registration application form, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and charges:

||| Registration fee: 2,500,000 VND

||| Examination fee: 300,000 VND

||| 9. Results of implementation ||| TTHC:

||| - Certificate of Registration for Pesticides

||| - Validity period: Five (5) years

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

||| 4. Extension of the Certificate of Registration for Pesticides

1. Implementation procedures:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the file within 03 (three) working days. If the file is complete according to regulations, accept the file; if not complete, return the file to the organization or individual and request them to supplement and perfect the file.

- Step 2. Review the file and issue a certificate

The Plant Protection Department reviews the application within five (05) working days from the date of receipt of a complete application:

a) If the file is valid and meets the provisions of Chapter IX and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issue the Plant Protection Product Registration Certificate according to the model specified in Appendix XIV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

b) If the file is not valid and does not meet the provisions of Chapter IX and other provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, notify the organization or individual of the contents that need to be supplemented and completed according to regulations.

c) In cases where the Plant Protection Product Registration Certificate is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) Application for extension of the Plant Protection Product Registration Certificate according to the model specified in Appendix II issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

b) Original Plant Protection Product Registration Certificate already issued;

c) Label of the circulating product or sample label if there are changes to the contents prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

||| 2. Quantity: One (1) hard copy (paper file), one (1) soft copy in Word or Excel format for the label sample.

4. Time limit for processing: 5 working days from the date of submission of a valid file.

5. Administrative Procedure Implementing Authority:

||| a) Competent authority: Plant Protection Department

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

- Appendix II: Model form for registration of plant protection products, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

8. Fees and charges:

||| Registration fee: 2,500,000 VND

||| Examination fee: 300,000 VND

9. Results of implementing the administrative procedure:

||| - Certificate of Registration for Pesticides

||| - Validity period: Five (5) years

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

4. Change of plant protection product manufacturer

1. Implementation procedures:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the dossier within three working days. If the dossier is complete according to regulations, accept the dossier; if not complete, return the dossier to the organization or individual and request supplementation and completion of the dossier.

- Step 2. Review and issue a certificate

The Plant Protection Department reviews the file within 15 (fifteen) working days from the date of receipt of a complete file according to regulations:

a) If the file is valid and meets the technical requirements according to the provisions of Appendix IV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issue the Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate according to the models specified in Appendices XIII and XIV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

b) If the dossier is invalid and does not meet the technical requirements specified in Appendix IV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, notify the organization or individual in writing of the contents that need to be supplemented and completed according to regulations.

c) In cases where the Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application for change of manufacturer according to the model specified in Appendix III issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

b) Original power of attorney from the active ingredient or technical product manufacturer (for cases where the manufacturer authorizes another organization or individual);

c) Original or certified copy of the confirmation document as the active ingredient or technical product manufacturer issued by the competent authority of the home country;

d) Detailed technical documentation in Vietnamese or English, copied or translated from the original, stamped with confirmation by the active ingredient or technical product manufacturer as specified in Appendix IV issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

đ) Original Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate already issued;

e) Product label as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

||| 2. Quantity: Two (2) copies including one (1) hard copy (paper file) and one (1) soft copy in PDF format.

4. Time limit for processing: 15 working days from the date of submission of a valid file

5. Administrative Procedure Implementing Authority:

||| a) Competent authority: Plant Protection Department

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

||| 6. Object ||| to implement TTHC:

+ Individuals

+ Organizations

7. Forms, declarations:

- Appendix III: Model application for change of trade name/transfer of trade name/reissue, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

||| - Appendix IV: Technical documents, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

8. Fees and charges:

Review fee: 1,500,000 Administrative fee: 300,000 VND

9. Results of implementing the administrative procedure:

- Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate

- Validity period: 5 years (according to the term of the certificate already issued)

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

5. Transfer of plant protection product trade name

1. Procedure:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the application within three (03) working days. If the application is complete according to regulations, it will be accepted; if not, the application will be returned to the organization or individual with instructions to supplement and complete the application.

- Step 2. Review and issue a certificate

a) The Plant Protection Department reviews the dossier within five working days from the date of receipt of the complete dossier according to regulations:

If the file is valid and meets the provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issue the Plant Protection Product Trial Permit according to the model specified in Appendix XIII issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

If the application is invalid, notify the organization or individual of the required supplements and corrections according to regulations.

In cases where the Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

b) For trade names of plant protection products already listed in the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam: if the file is valid and meets the provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, the Plant Protection Department shall submit to the Ministry of Agriculture and Rural Development. Within a maximum of 15 (fifteen) working days from the date of submission by the registration agency, the Minister of Agriculture and Rural Development shall issue a Catalogue or a Decree amending and supplementing the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam.

Within 10 (ten) working days from the date of issuance of the Decree, the Plant Protection Department shall issue the Plant Protection Product Registration Certificate according to the model specified in Appendix XIV issued together with the Decree.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) Application for transfer of trade name according to the model specified in Appendix III issued together with Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

b) Original or certified copy of the transfer contract or agreement;

c) Original Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate already issued;

d) Original power of attorney from the active ingredient or technical product manufacturer for the organization or individual receiving the transfer;

đ) Product label as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT,

||| 2. Quantity: One (1) hard copy (paper file), one (1) soft copy in Word or Excel format for the label sample.

4. Time limit for processing:

- Five working days from the date of submission of a valid dossier.

- 10 working days from the date of issuance of the Decree (for cases of transferring trade names of plant protection products already listed in the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam)

5. Administrative Procedure Implementing Authority:

a) Authority with decision-making power:

- Plant Protection Department

- Ministry of Agriculture and Rural Development (for cases of transferring trade names of plant protection products already listed in the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam)

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Application forms, declarations:

- Appendix III: Model application for change of trade name/transfer of trade name/reissue, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

8. Fees and charges:

||| Examination fee: 300,000 VND

9. Results of implementing the administrative procedure:

- Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate

- Validity period: 5 years (according to the term of the certificate already issued)

10. Conditions for implementing the administrative procedure: none

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

6. Change of plant protection product trade name

1. Implementation procedures:

- Step 1. Submitting application

a) Organizations and individuals submit applications directly or send them via postal service to the Plant Protection Department.

b) Check the completeness of the application within three (03) working days. If the application is complete according to regulations, it will be accepted; if not, the application will be returned to the organization or individual with instructions to supplement and complete the application.

Step 2. Review and issue certificates

a) The Plant Protection Department reviews the dossier within five working days from the date of receipt of the complete dossier according to regulations:

If the file is valid and meets the provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, then issue the Plant Protection Product Testing Permit according to the form prescribed in Appendix XIII attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

If the application is invalid, notify the organization or individual of the required supplements and corrections according to regulations.

In cases where the Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

b) For trade names of plant protection products already listed in the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam: if the file is valid and meets the provisions of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, the Plant Protection Department shall submit to the Ministry of Agriculture and Rural Development. Within a maximum of 15 (fifteen) working days from the date of submission by the registration agency, the Minister of Agriculture and Rural Development shall issue a Catalogue or a Decree amending and supplementing the Catalogue of Permitted, Restricted, and Prohibited Plant Protection Products in Vietnam.

Within ten (10) working days from the date of issuance of this Circular, the Plant Protection Department shall issue the Plant Protection Product Registration Certificate according to the form prescribed in Appendix XIV attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) The application for changing the trade name according to the form prescribed in Appendix III attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

b) The original Plant Protection Product Testing Permit and the Plant Protection Product Registration Certificate that have been issued;

||| c) Label sample of the pesticide as prescribed in Chapter IX of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

d) The original or certified copy of the document issued by the competent state agency regarding intellectual property rights or the court's decision on the violation of the trademark of the registered plant protection product.

||| 2. Quantity: One (1) hard copy (paper file), one (1) soft copy in Word or Excel format for the label sample.

4. Time limit for processing:

- Five working days from the date of submission of a valid dossier.

- Ten (10) working days from the date of issuance of the Circular (for the case of changing the trade name of a plant protection product already listed in the Catalogue of Plant Protection Products Permitted for Use, Restricted Use, and Prohibited Use in Vietnam)

5. Administrative Procedure Implementing Authority:

a) Authority with decision-making power:

- Plant Protection Department

- Ministry of Agriculture and Rural Development (for the case of changing the trade name of a plant protection product already listed in the Catalogue of Plant Protection Products Permitted for Use, Restricted Use, and Prohibited Use in Vietnam)

b) Authority or person authorized or delegated to implement: None

c) Directly implementing agency for administrative procedure: Plant Protection Department

d) Coordinating agencies: none

6. Subjects implementing the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

- Appendix III: Application Form for Changing Trade Name/Manufacturer/Assignment of Trade Name/Reissue, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and Charges:

||| Examination fee: 300,000 VND

9. Results of implementing the administrative procedure:

- Plant Protection Product Trial Permit, Plant Protection Product Registration Certificate

- Validity period: 5 years (according to the term of the certificate already issued)

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on regulations on collection, payment and management of fees and charges in the field of plant protection

II. Provincial Administrative Procedures:

1. Issuance of Transport Permit for Plant Protection Products and Raw Materials

1. Implementation procedures:

- Step 1. Submitting application

Organizations and individuals applying for the Transport Permit for Plant Protection Products and Raw Materials shall submit directly or send by post one (1) set of complete files to the Provincial Plant Protection Sub-department

- Step 2. Review the file and issue a certificate

Within three (3) working days from the date of receipt of the complete file, the competent authority shall review the file, and if it is valid, issue the Transport Permit for Plant Protection Products and Raw Materials.

In cases where the file is not valid, within one (1) working day from the date of receipt of the complete file, the competent authority shall notify the organization or individual of the contents that need to be supplemented or completed according to regulations.

In cases where the Transport Permit for Plant Protection Products and Raw Materials is not issued, within one (1) working day, the competent authority shall notify the organization or individual in writing and specify the reasons.

2. Method of Implementation:

+ Directly

+ Postal Service

3. Documents:

1. Participants

a) The application for the Transport Permit for Plant Protection Products and Raw Materials according to the form prescribed in Appendix X attached to Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013;

b) A copy of the certificate of occupational safety training for transportation and storage of plant protection products and raw materials of the driver or escort (when submitting, bring the original for verification);

c) One of the following documents (certified copy):

Supply contract;

Transportation contract for plant protection products and raw materials;

Financial invoice for the export or import of plant protection products;

Declaration of goods transportation by the company (with confirmation and stamp of the company);

d) Schedule of goods transportation, address and phone number of the consignor (with confirmation and stamp of the company).

2. Quantity: One (1) set of files

4. Time limit for processing:

Three (3) working days from the date of submission of a complete and valid file.

5. Administrative Procedure Implementing Authority:

b) Competent authority making the decision: Provincial Plant Protection Sub-department

c) Authority or person authorized or delegated to implement (if any): none

d) Direct implementing agency: Provincial Plant Protection Sub-department

6. Agencies to coordinate (if any): none

Objectives of the administrative procedure:

+ Individuals

+ Organizations

7. Forms, declarations:

Appendix X: Application Form for Issuing Transport Permit for Plant Protection Products and Raw Materials, Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013

8. Fees and charges:

||| Examination fee: 300,000 VND

9. Results of implementing the administrative procedure:

- Transport Permit for Plant Protection Products and Raw Materials

- Validity period of the result: issued for each trip or period but not exceeding twelve (12) months from the date of issuance.

10. Conditions for implementing the administrative procedure: an

11. Legal basis for the administrative procedure:

- Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of pesticides

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance on the collection, payment, and management of fees and charges in the field of plant protection.