Circular No. 14/2013/TT-BNNPTNT provides for the issuance of Certificates of Eligibility for the Production and Business of Plant Protection Chemicals.

 

CIRCULAR

Regulations on issuing certificates of qualification for the production and business of plant protection chemicals

______________________

 

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

 

Pursuant to Decree No. 33/2005/NĐ-CP of the Government dated March 15, 2005 detailing and guiding the implementation of certain provisions of the Veterinary Law, and Decree No. 119/2008/NĐ-CP dated November 28, 2008 amending and supplementing certain provisions of Decree No. 33/2005/NĐ-CP;

Pursuant to the Regulation on Plant Protection Chemical Management issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government;

Pursuant to Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade;

Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law;

Decree No. 26/2011/NĐ-CP dated April 8, 2011 of the Government amending and supplementing certain provisions of Decree No. 108/2008/NĐ-CP dated October 7, 2008 of the Government detailing and guiding the implementation of certain provisions of the Chemical Law;

At the proposal of the Director of the Plant Protection Department;

The Minister of Agriculture and Rural Development promulgates this Circular regulating the issuance of Certificates of Qualification for the Production and Business of Plant Protection Chemicals.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates conditions, procedures, and formalities for issuing certificates of qualification for production, processing, bottling, packaging (hereinafter referred to collectively as production) and business (trade) of plant protection chemicals.

Article 2. Applicability

This Circular applies to organizations and individuals engaged in activities related to the production and trade of plant protection chemicals (except for organizations and individuals only producing biological plant protection chemicals with active ingredients being beneficial microorganisms) within the territory of Vietnam.

Chapter II

CONDITIONS FOR PLANT PROTECTION CHEMICALS PRODUCTION FACILITIES

Article 3. Conditions for factory buildings and warehouses

1. Place

a) Factory buildings and warehouses storing plant protection chemicals located within industrial zones must comply with the regulations of such zones.

b) In cases where the location is outside an industrial zone:

The placement of factory buildings and warehouses must be approved by local authorities at the commune level or higher; they must be at least 200 meters (m) away from schools, government offices, hospitals, and markets; and they must meet requirements for electricity supply, water supply, drainage, pollution control, and traffic.

Factory buildings and warehouses must have perimeter walls separating them from the outside. Internal traffic systems must be arranged to ensure safety for transportation and firefighting.

2. Layout, structure, and architectural arrangement of factory buildings and warehouses

a) The production factory area and warehouse must be separate from each other.

b) Factory building

The factory building must meet design and construction standards specified in Vietnamese Standard TCVN 4604/1988: Industrial Enterprises, Manufacturers - Design Standards; TCVN 2622/1995: Fire Prevention and Firefighting Requirements for Buildings and Structures - Design Requirements.

c) Warehouse

The warehouse must have separate areas for finished products and raw materials.

Raw material storage areas must be arranged according to the type of raw material that needs to be stored, classified based on fire, explosion, and combustion risks, and must ensure separation of substances capable of causing chemical reactions with each other.

Finished product storage areas must be neatly organized and reasonably arranged. Goods must be placed on shelves at least 10 centimeters (cm) off the ground, and at least 20 centimeters (cm) away from walls. Main aisles must be at least 1.5 meters (m) wide, facilitating fire prevention, firefighting, inspection, and supervision activities.

d) Construction materials for factory buildings and warehouses must be non-flammable or difficult to ignite; the frame must be made of bricks, concrete, or steel. Floors must be made of liquid-proof materials, flat without slipping, free of cracks, and surrounded by edges or curbs.

đ) Factory buildings and warehouses must have clear escape routes indicated (by signs, diagrams) and easily accessible in case of emergencies.

Article 4. Equipment Conditions

1. Production equipment

a) There must be production lines and technology ensuring the variety and quality of plant protection chemicals produced by the facility.

b) Equipment must be arranged and installed appropriately for each production stage and must meet labor safety requirements as specified in Vietnamese Standard TCVN 2290 – 1978: Production Equipment - General Safety Requirements.

c) Equipment must have operating instructions, technical parameters checked, regularly maintained, and have industrial cleaning procedures.

d) Lighting fixtures and other electrical equipment must be installed in necessary positions and not allowed to be temporarily installed. All electrical equipment must have circuit breakers for leakage protection and overload prevention.

2. Exhaust gas and waste treatment system

a) Factories must have exhaust gas treatment systems, and warehouses must have ventilation systems. Exhaust gases from factories and warehouses must meet National Technical Regulations QCVN 19:2009/BTNMT - National Technical Regulations on Industrial Exhaust Gases for Dust and Inorganic Substances and QCVN 20:2009/BTNMT - National Technical Regulations on Industrial Exhaust Gases for Certain Organic Substances.

b) Factories must have wastewater treatment systems. Wastewater after treatment must meet National Technical Regulations QCVN 07:2009/BTNMT - National Technical Regulations on Hazardous Waste Thresholds and QCVN 24:2009/BTNMT - National Technical Regulations on Industrial Wastewater.

c) Solid waste disposal from factories and warehouses must comply with the provisions of Decree No. 59/2007/NĐ-CP dated April 9, 2007 of the Government on solid waste management. Factories and warehouses must have tools for collecting and transporting solid waste out of the production area after each shift, and there must be sealed and isolated storage areas for waste away from the production area.

Article 5: Conditions for Safe Operation

1. The production facility must fully meet the requirements for chemical safety as stipulated in the Vietnamese Standard TCVN 5507 - 2002 on Dangerous Chemicals - Safety Regulations in Production, Business, Use, Storage, and Transportation.

2. The production facility must have labor safety regulations, and separate areas for workers to change clothes and shower before and after their shifts.

3. The production facility must establish a board of chemical safety rules, a warning system appropriate to the level of danger posed by chemicals. In cases where chemicals have multiple hazardous characteristics, the warning symbols must clearly display all such hazardous properties.

4. The production facility must be equipped with and use labor safety equipment (gloves, masks, protective eyewear, protective clothing) when handling plant protection products. First aid kits, medical supplies, and emergency equipment must also be available.

5. Operations at storage facilities must ensure safety, preventing potential risks such as fire, leakage, and overflow. For storage facilities containing raw materials: warehouse staff must follow all safety data sheet instructions for stored chemicals, safety procedures, hygiene practices, and emergency response guidelines.

Article 6: Conditions for Fire Prevention and Control

1. The production facility must fully comply with fire prevention and control requirements under the Law on Fire Prevention and Fighting.

2. The production facility must be equipped with sufficient emergency response devices, fire alarm systems installed in appropriate locations and regularly checked to ensure they are in good working condition.

3. The production facility must have fire prevention and fighting regulations, fire-fighting orders, and "No Smoking" signs placed in visible locations.

Article 7. Human Resource Conditions

1. Those directly managing the production facility must hold a Professional Practice Certificate for the production, processing, bottling, and packaging of plant protection products issued by the Provincial Plant Protection Service.

2. Leaders and managers of departments directly related to the production of plant protection products, those directly involved in production, sale, transportation, storage, and preservation must be trained in chemical safety techniques.

3. Leaders, technical staff, and warehouse keepers must be trained and familiar with regulations governing chemical activities; fire prevention and fighting; safe distances; measures and plans for preventing and responding to chemical incidents.

4. Workers must be trained and instructed on production processes, labor safety, fire prevention and control, preventive measures, and methods for handling incidents involving plant protection products.

Article 8: Quality Management System

1. A quality management system must be established.

2. A production technology process for plant protection products must be approved by the production facility's management.

3. A testing laboratory for product quality inspection must be set up.

The testing laboratory must be separated from the production area and equipped with minimum necessary equipment for inspecting the quality of plant protection products produced by the facility.

4. If the plant protection product production facility does not have a testing laboratory for product quality inspection, it must enter into a quality inspection contract with a testing laboratory capable of inspecting the quality of plant protection products, and maintain records of inspection results for each batch of products before shipment.

5. Quality inspection samples of batches must be retained for a minimum of three (3) months.

Article 9. Environmental protection requirements

1. Production facilities for plant protection chemicals shall apply an environmental management system according to ISO 14001 standard or equivalent to protect the environment and prevent pollution.

2. Production facilities for plant protection chemicals shall have an environmental impact assessment report (EIA), an environmental protection commitment, or an environmental protection project in accordance with the laws on environmental protection.

Chapter III

REQUIREMENTS FOR PLANT PROTECTION CHEMICALS TRADING FACILITIES

Article 10. General Conditions

1. Plant protection chemicals sold at stores must be finished products listed in the Catalogue of Permitted and Restricted Plant Protection Chemicals in Vietnam.

2. Plant protection chemicals shall not be sold together with other goods such as foodstuffs, beverages, animal feed, medical drugs, veterinary drugs, and other consumer goods.

3. Stores selling plant protection chemicals shall not be located within areas for trading food products, dining services, entertainment venues, schools, or hospitals.

Article 11. Specific Conditions

1. Personnel

a) The direct manager of the store must hold a business operation certificate for plant protection chemicals issued by the Provincial Plant Protection Service.

b) Sales personnel must be trained in plant protection chemicals by the Provincial Plant Protection Service or possess a diploma from a specialized secondary level in crop production, plant protection, biology, agricultural education, or higher.

2. Location

a) The store selling plant protection chemicals must obtain approval from the local authority of the commune, have a clear and stable address, and be owned by the facility owner or have a legal lease agreement for at least one year if leasing the location.

b) The area must be suitable for the scale of business operations, with a minimum of five square meters (m²). It must be a building of at least grade four, situated in a dry, clean, well-ventilated place, meeting requirements for purchasing, selling, and storing plant protection chemicals without affecting their quality.

c) It must be at least ten meters (m) away from water sources (rivers, lakes, canals, streams), and the store must have sturdy retaining walls to prevent landslides, with a non-flooding floor.

d) Walls and roofs must be constructed from non-flammable materials. The walls and floors must be flat, waterproof, easy to clean, and not prone to flooding.

3. Equipment

a) There must be display cabinets, counters, shelves, or racks for storing plant protection chemicals, and storage equipment must meet the storage requirements indicated on the chemical labels.

b) Adequate lighting must be provided to identify the chemicals, and lighting equipment must comply with safety standards for fire prevention and explosion control.

c) There must be fire prevention and firefighting regulations and equipment as required by the fire prevention and firefighting authorities, placed in convenient locations for immediate use when necessary.

d) Personal protective equipment such as gloves, masks, clean water, and soap must be available.

e) Materials and tools for promptly handling emergencies as required by environmental management authorities must be available.

4. Other Requirements

a) Clear signage in Vietnamese must be displayed, indicating the name of the facility owner or enterprise, address, and telephone number.

b) A record book for the import and export of plant protection chemicals must be maintained.

c) A price list for plant protection chemicals must be posted.

5. Storage Area for Plant Protection Chemicals

a) For trading facilities with a storage capacity of 5,000 kilograms (kg) or more, provisions of Clause 2, Article 3 and Clause 2, Article 9 of this Circular shall apply.

b) For trading facilities with a storage capacity below 5,000 kilograms (kg),

The storage area for plant protection chemicals must be dry, well-ventilated, waterproof, and free from leaks or flooding, ensuring fire prevention and explosion control.

Shelves and racks must be at least ten centimeters (cm) above the ground and twenty centimeters (cm) away from the wall.

The arrangement of different types of plant protection chemicals must ensure they do not cause breakage or leakage, with sufficient and separate access paths for each type.

Chapter IV

PROCEDURES FOR ISSUING CERTIFICATES OF COMPLIANCE FOR THE PRODUCTION AND SALE OF PLANT PROTECTION CHEMICALS

Article 12. Competence to Issue Certificates of Eligibility for the Production and Sale of Plant Protection Products

1. The Plant Protection Agency shall issue, extend, reissue, and revoke Certificates of Eligibility for production facilities of plant protection products.

2. Provincial Plant Protection Sub-Agency shall issue, extend, reissue, and revoke Certificates of Eligibility for sale facilities of plant protection products under their management.

3. The validity period of the Certificate of Eligibility for the production and sale of plant protection products is five (5) years.

4. The model of the Certificate of Eligibility for the production and sale of plant protection products is specified in Appendices VI and VII issued together with this Circular.

Article 13. Procedures for Issuing Certificates of Eligibility for the Production of Plant Protection Products

1. Submitting application

a) Production facilities submit applications directly or send them via postal service to the Plant Protection Agency.

b) Number of applications: one (1) set of paper copies and one (1) electronic file in PDF format.

c) Check the completeness of the application immediately upon receipt of direct submissions or within two (2) working days for applications sent via postal service. If the application is complete, the Plant Protection Agency will accept it; if not, they will request supplements or improvements.

2. Documents

a) Application for a Certificate of Eligibility for the Production of Plant Protection Products according to the model prescribed in Appendix I issued together with this Circular.

b) A copy (bring the original for verification) or certified copy of the Business Registration Certificate or Investment Certificate regarding the production, processing, bottling, and packaging activities of plant protection products.

c) A copy (bring the original for verification) or certified copy of the Professional Practice Certificate for production, processing, bottling, and packaging of plant protection products for the person directly managing the production facility.

d) A copy (bring the original for verification) or certified copy of the Decision Approving the Project for Construction of Production Facilities in accordance with laws on construction management and investment (if applicable).

đ) A copy (bring the original for verification) or certified copy of the Decision Approving the Environmental Impact Assessment Report or Environmental Protection Commitment or Environmental Protection Plan issued by the competent authority.

e) A copy (bring the original for verification) or certified copy of the Firefighting Plan or Inspection Record Ensuring Safety in Fire Prevention and Fighting approved by the district or county fire prevention and firefighting police.

g) Declaration on the Conditions for Producing Plant Protection Products according to the model prescribed in Appendix II issued together with this Circular.

3. Review Applications and Issue Certificates of Eligibility for the Production of Plant Protection Products.

a) The Plant Protection Agency reviews applications within five (5) working days from the date of receiving complete applications.

b) Form a review team

Within fifteen (15) working days from the date of receiving complete applications, the Plant Protection Agency issues a Decision to form a review team and conducts on-site inspections. The review team consists of three to five members with specialized knowledge and experience in the relevant field and representatives of the specialized management agency.

Notify the facility in writing about the inspection plan at least five (5) working days before the inspection date. The notification specifies the content, time, composition of the team, and scope of the inspection.

c) Content of the Inspection

Compliance of the facility with the conditions stipulated in Chapter II of this Circular.

d) Inspection Method:

Interviewing directly responsible persons and employees of the facility regarding related information;

Examining stored files and related documents of the facility;

Observing the actual layout, environmental conditions, equipment status, and other amenities of the facility.

đ) Inspection Results

Any conditions found during the inspection that do not comply with the provisions of Chapter II of this Circular must be recorded in the Inspection Report according to the model prescribed in Appendix IV issued together with this Circular.

The Inspection Report must contain all contents and have signatures confirming by the representative of the facility and the head of the inspection team.

In case the representative of the facility disagrees with the inspection results, the representative has the right to record their objections at the end of the report before signing and affixing the confirmation stamp. The Inspection Report still retains its legal value even if the representative of the facility does not sign the report.

e) Issuance of the Certificate of Eligibility for the Production of Plant Protection Products

The Plant Protection Agency considers the inspection results within five (5) working days from the end of the inspection:

If the application meets the requirements, issue the Certificate of Eligibility for the facility to produce plant protection products according to the model prescribed in Appendix VI issued together with this Circular.

If the application does not meet the requirements, notify the facility in writing of the non-compliant conditions, requirements, and deadlines for rectification. Within five (5) working days from the date of receiving the facility's rectification report or re-inspection results (if necessary), if valid, the Plant Protection Agency will issue the Certificate of Eligibility for the facility to produce plant protection products according to the model prescribed in Appendix VI issued together with this Circular.

In case the Certificate of Eligibility for the Production of Plant Protection Products is not issued, the Plant Protection Agency replies in writing and specifies the reasons.

Article 14. Procedures for Issuing the Certificate of Eligibility for Plant Protection Chemicals Trading

1. Submitting application

a) The trading entity submits the application directly or sends it via postal service to the Provincial Plant Protection Agency.

b) Number of applications: 01 set

c) Check the completeness of the application immediately upon receipt of the direct submission or within two working days for applications sent via postal service. If the application is complete, the Provincial Plant Protection Agency will accept it; if not, the agency will return the application to the organization and request additional information to complete it.

2. Documents

a) Application for issuance of the Certificate of Eligibility for Plant Protection Chemicals Trading according to the form prescribed in Appendix I attached to this Circular.

b) A copy (bring the original for verification) or certified copy of the Business Registration Certificate for the plant protection chemicals trade or agricultural supplies sector.

c) A copy (bring the original for verification) or certified copy of the Professional Certificate for Plant Protection Chemicals Trading issued to the owner of the trading entity.

d) Declaration on the conditions for trading in plant protection chemicals as stipulated in Appendix III attached to this Circular.

e) A copy (bring the original for verification) or certified copy of the Decision approving the Environmental Impact Assessment Report or environmental protection commitment or environmental protection plan issued by the competent authority (for trading entities with storage capacity of 5,000 kg or more).

3. Examination of the application and issuance of the Certificate of Eligibility for Plant Protection Chemicals Trading.

a) The Provincial Plant Protection Agency examines the application within three working days from the date of receiving the complete application.

b) Form a review team

Within seven working days from the date of receiving the complete application, the Provincial Plant Protection Agency issues a Decision to establish an evaluation team and conducts an actual inspection. The evaluation team consists of 2-3 members with specialized knowledge and experience in the evaluation field and representatives of the specialized management agencies.

Notify the facility in writing about the inspection plan at least five (5) working days before the inspection date. The notification specifies the content, time, composition of the team, and scope of the inspection.

c) Content of the Inspection

Compliance of the entity with the conditions specified in Chapter III of this Circular.

d) Inspection Method:

Interviewing directly responsible persons and employees of the facility regarding related information;

Examining stored files and related documents of the facility;

Observation of the actual layout, environmental conditions, equipment status, and other facilities of the entity.

đ) Inspection Results

Any conditions found during the evaluation that do not comply with the provisions of Chapter III of this Circular must be recorded in the Evaluation Report according to the form prescribed in Appendix V attached to this Circular.

The Inspection Report must contain all contents and have signatures confirming by the representative of the facility and the head of the inspection team.

In case the representative of the facility disagrees with the inspection results, the representative has the right to record their objections at the end of the report before signing and affixing the confirmation stamp. The Inspection Report still retains its legal value even if the representative of the facility does not sign the report.

e. Issuance of the Certificate of Eligibility for Plant Protection Chemicals Trading

The Provincial Plant Protection Agency reviews the evaluation results within five working days from the end of the evaluation:

If the application is valid, issue the Certificate of Eligibility for Plant Protection Chemicals Trading to the entity according to the form prescribed in Appendix VII attached to this Circular.

If the application is invalid, notify the entity in writing of the non-compliant conditions, specify the requirements and deadlines for rectification. Within three working days from the date of receiving the entity's rectification report or re-inspection result (if necessary), if the application is valid, the Provincial Plant Protection Agency will issue the Certificate of Eligibility for Plant Protection Chemicals Trading to the entity according to the form prescribed in Appendix VII attached to this Circular.

In case the Certificate of Eligibility for Plant Protection Chemicals Trading is not issued, the Provincial Plant Protection Agency will respond in writing and provide specific reasons.

Article 15. Procedure for extending the Certificate of Compliance with Conditions for Producing Plant Protection Products

1. Submitting application

a) Before three (3) months from the expiry date of the Certificate of Compliance with Conditions for Producing Plant Protection Products, the production facility shall submit the application directly or send it via postal service to the Plant Protection Department.

b) Number of applications: one (1) set of paper copies and one (1) electronic file in PDF format.

c) The completeness of the application shall be checked immediately upon receipt of the direct submission or within two (2) working days for applications sent via postal service. If the application is complete, the Plant Protection Department will accept it; if not, the application will be returned to the organization and the necessary supplements and improvements will be requested.

2. Documents

a) Application for a Certificate of Eligibility for the Production of Plant Protection Products according to the model prescribed in Appendix I issued together with this Circular.

b) A copy (bring the original for verification) or certified copy of the Business Registration Certificate or Investment Certificate regarding the production, processing, bottling, and packaging activities of plant protection products (if there are changes).

c) A copy (bring the original for verification) or certified copy of the Professional Practice Certificate for producing, processing, bottling, and packaging plant protection products for the person directly managing production (if there are changes).

d) A copy (bring the original for verification) or certified copy of the fire prevention plan or inspection report ensuring fire safety approved by the competent police authority (if there are changes).

đ) The original Certificate of Compliance with Conditions for Producing Plant Protection Products that has been issued.

e) Declaration on conditions for producing plant protection products as prescribed in Appendix II attached to this Circular.

g) A copy (bring the original for verification) or certified copy of the inspection form or evaluation report on the quality assurance conditions for production, processing, bottling, and packaging plant protection products by relevant authorities as stipulated in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development (if applicable).

3. Examination of the application and issuance of the Certificate of Compliance with Conditions for Producing Plant Protection Products

The Plant Protection Department shall examine the application within five (5) working days from the date of receiving a complete application.

a) If the application is valid, procedures shall be carried out as prescribed at points b, c, d, đ, e, Clause 3, Article 13 of this Circular.

In cases where the facility has achieved Class A results in regular inspections as stipulated in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development within one (1) year up to the extension date, the Plant Protection Department shall issue the Certificate of Compliance with Conditions for Producing Plant Protection Products according to the model prescribed in Appendix VI attached to this Circular without forming an on-site assessment team.

b) If the application is not valid, the organization or individual shall be notified of the contents that need to be supplemented and completed in the application.

Article 16. Procedure for extending the Certificate of Compliance with Conditions for Trading Plant Protection Products

1. Submitting application

a) Before three (3) months from the expiry date of the Certificate of Compliance with Conditions for Trading Plant Protection Products, the trading facility shall submit the application directly or send it via postal service to the Provincial Plant Protection Sub-department.

b) Number of sets of documents: 01 set.

c) Check the completeness of the application immediately upon receipt of the direct submission or within two working days for applications sent via postal service. If the application is complete, the Provincial Plant Protection Agency will accept it; if not, the agency will return the application to the organization and request additional information to complete it.

2. Documents

a) Application for issuance of the Certificate of Eligibility for Plant Protection Chemicals Trading according to the form prescribed in Appendix I attached to this Circular.

b) A copy (bring the original for verification) or certified copy of the Business Registration Certificate for the plant protection product trade or agricultural supplies sector (if there are changes).

c) A copy (bring the original for verification) or certified copy of the Professional Practice Certificate for trading plant protection products of the business owner (if there are changes).

d) The original Certificate of Compliance with Conditions for Trading Plant Protection Products that has been issued.

đ) Declaration on conditions for trading plant protection products as prescribed in Appendix III attached to this Circular.

e) Certified copy of the inspection form or evaluation report on the quality assurance conditions for trading plant protection products by relevant authorities as stipulated in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development (if applicable).

3. Examination of the application and issuance of the Certificate of Compliance with Conditions for Trading Plant Protection Products

The Provincial Plant Protection Sub-department shall examine the application within three (3) working days from the date of receiving a complete application.

a) If the application is valid, procedures shall be carried out as prescribed at points b, c, d, đ, e, Clause 3, Article 14 of this Circular.

In cases where the facility has achieved Class A results in regular inspections as stipulated in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development within one (1) year up to the extension date, the Provincial Plant Protection Sub-department shall issue the Certificate according to the model prescribed in Appendix VII attached to this Circular without forming an on-site assessment team.

b) If the application is not valid, the organization or individual shall be notified of the contents that need to be supplemented and completed in the application.

Article 17. Procedures for Reissuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products

1. Cases for reissuance

a) The certificate is still valid but has been lost or misplaced;

b) The certificate is still valid but is damaged and cannot be used further;

c) When errors or changes in information on the certificate are discovered.

In cases specified in points b and c of this clause, when reissuing, the previously issued certificate must be recalled.

2. Submission of documents

a) The production and sale entity requesting the reissue of the Certificate of Eligibility for the Production and Sale of Plant Protection Products shall submit the application directly or send it via postal service to the competent authority as stipulated in Article 12 of this Circular.

b) Number of applications: 01 set

c) Check the completeness of the application immediately upon receipt of the direct submission or within two working days for applications sent via postal service. If the application is complete, the competent authority as stipulated in Article 12 of this Circular will accept the application; if incomplete, return the application and request additional or completed documentation.

3. Components of the application

a) A request form for the Certificate of Eligibility for the Production and Sale of Plant Protection Products according to the model prescribed in Appendix I attached to this Circular.

b) The previously issued certificate (for cases specified in points b and c of Clause 1 of this Article).

4. Reissuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products

The competent authority shall examine and compare with the retained file within five working days from the date of receiving the complete application.

a) If the application is valid, issue the Certificate of Eligibility for the Production and Sale of Plant Protection Products according to the model prescribed in Appendix VI or Appendix VII of this Circular. The number, issuance date, and validity period shall be the same as the original certificate and clearly marked as a copy.

b) If the application is not valid, the organization or individual shall be notified of the contents that need to be supplemented and completed in the application.

c) In case the Certificate of Eligibility for the Production and Sale of Plant Protection Products is not issued, the competent authority shall respond in writing and specify the reasons.

Article 18. Revocation of Issued Certificates

a) The entity no longer meets the conditions for producing and selling plant protection products as stipulated in this Circular and other relevant legal documents.

b) The entity has been dissolved or no longer operates in the field of producing and selling plant protection products.

c) The entity engages in violations that require revocation under the law.

Article 19. Fees and Charges

The collection of fees and charges for certifying entities eligible for the production and sale of plant protection products shall be carried out in accordance with current regulations of the Ministry of Finance and other relevant legal documents.

Chapter V

RIGHTS AND RESPONSIBILITIES OF THE PARTIES INVOLVED

Article 20. Rights and Responsibilities of Entities Producing and Selling Plant Protection Products

1. Rights of entities producing and selling plant protection products: The right to appeal when disagreeing with the conclusion in the inspection report.

2. Responsibilities of entities producing and selling plant protection products:

a) Register for procedures to obtain, extend, and reissue the Certificate of Eligibility for the Production and Sale of Plant Protection Products and comply strictly with the provisions of this Circular.

b) Provide full information and related documents and facilitate the work of the inspection agency.

c) Continuously maintain and ensure the conditions for producing and selling plant protection products that have been certified.

d) Seriously rectify any errors noted in the inspection report of the issuing agency.

đ) Participate in training courses on the production and sale of plant protection products organized by the state management agency for plant protection.

e) Pay fees and charges as prescribed.

Article 21. Rights and responsibilities of the agency issuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products

2. The agency issuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products shall have the following rights and obligations:

a) Supervise and require the establishment to rectify deficiencies in the conditions for producing and selling plant protection products.

b) Require the establishment to provide files, documents, and create favorable conditions for the assessment work on compliance with the provisions of this Circular and other relevant legal documents regarding the production and sale of plant protection products.

1. The agency issuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products shall have the following responsibilities:

a) Implement the issuance, extension, reissuance, and revocation of the Certificate of Eligibility for the Production and Sale of Plant Protection Products in accordance with the provisions of this Circular.

b) Establish an evaluation team.

c) Ensure objectivity and fairness in the evaluation activities and issuance of the Certificate of Eligibility for the Production and Sale of Plant Protection Products.

d) Conduct regular or spot checks on establishments that have been issued the Certificate of Eligibility for the Production and Sale of Plant Protection Products upon request from competent state agencies.

đ) Handle violations and resolve complaints and reports in accordance with the law.

Article 22. Rights and responsibilities of the Evaluation Team

1. Evaluate and examine the suitability of the establishment in accordance with the provisions of Chapter II (for production establishments) and Chapter III (for sales establishments) of this Circular.

2. Ensure objectivity in inspection and evaluation.

3. Report truthfully the results of the evaluation to the competent authority.

4. Maintain confidentiality of information related to the establishment's secrets, comply with all current legal regulations.

5. Be permitted to interview, request to review books, documents, files related to the establishment; collect and record necessary information, request the performance of specialized tasks and provide evidence for the evaluation activities.

Chapter VI

IMPLEMENTING PROVISIONS

Article 23. Transitional Provisions

1. Establishments currently engaged in the production and sale of plant protection products before the effective date of this Circular, which have been issued a Practice Certificate for the Production and Sale of Plant Protection Products, shall follow the procedures specified in Article 13 or Article 14 of this Circular to apply for the Certificate of Eligibility for the Production and Sale of Plant Protection Products.

For establishments rated as type A according to the provisions of Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development within one (01) year from the application submission date, they shall follow the procedures specified in Clause 1 and 2 of Article 13 or Clause 1 and 2 of Article 14 of this Circular to apply for the Certificate of Eligibility for the Production and Sale of Plant Protection Products. The competent authority issuing the Certificate of Eligibility for the Production and Sale of Plant Protection Products shall issue the certificate within five (05) working days from the receipt of a valid application, without establishing an on-site evaluation team.

2. The implementation period of Clause 1 of this Article shall be within two (02) years from the effective date of this Circular.

Article 24. Effective Date

This Circular takes effect from April 11, 2013.

Repeal Article 5 of the Provision on the Issuance of Practice Certificates for the Production, Processing, Bottling, Packaging, and Sale of Plant Protection Products issued together with Decision No. 97/2008/QĐ-BNN dated October 6, 2008 of the Minister of Agriculture and Rural Development.

Article 25. Responsibilities for Implementation

The Plant Protection Department and Provincial Plant Protection Sub-department shall be responsible for disseminating and guiding production and sales establishments of plant protection products to implement this Circular.

During the implementation process, if there are any difficulties, organizations and individuals should report to the Ministry of Agriculture and Rural Development (Plant Protection Department) for timely adjustment and supplementation./.