Circular No. 16/2019/TT-BNNPTNT detailing certain provisions of the Government Decree No. 109/2018/NĐ-CP dated August 29, 2018 on organic agriculture

CIRCULAR

Detailed regulations on certain provisions of Decree No. 109/2018/ND-CP dated August 29, 2018 of the Government on organic agriculture
Decree No. 109/2018/ND-CP dated August 29, 2018 of the Government on organic agriculture;

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 107/2016/NĐ-CP dated July 1, 2016, issued by the Government, on business conditions for conformity assessment services;

Decree No. 154/2018/ND-CP dated September 11, 2018 of the Government on amending, supplementing, and abolishing certain provisions regarding investment and business conditions under the management of the Ministry of Science and Technology and certain provisions on specialized inspection;

On the basis of At the proposal of the Director of the Processing and Market Development Department for Agricultural Products;

The Minister of Agriculture and Rural Development issues this Circular detailing certain provisions of Decree No. 109/2018/ND-CP dated August 29, 2018 of the Government on organic agriculture,

This Circular details certain provisions of Decree No. 109/2018/ND-CP dated August 29, 2018 of the Government on organic agriculture (hereinafter referred to as Decree No. 109/2018/ND-CP), including the following contents:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The agency receiving applications for registration numbers for certification organizations of organic agricultural products.

2. Evaluation for issuance and post-issuance supervision of certificates of conformity with national standards (TCVN) on organic agriculture issued by certification organizations.

3. Provisions on sampling and testing samples of organic agricultural products.

4. Quality control, recall, and handling of organic agricultural products that do not meet quality requirements under the management of the Ministry of Agriculture and Rural Development.

This Circular applies to organizations and individuals engaged in production, business, and certification of organic agricultural products within the territory of Vietnam.

Article 2. Applicability

Article 3. Agencies receiving applications for issuance, reissuance, supplementary issuance, and amendment of certificates of registration for certification activities conforming to TCVN on organic agriculture

Chapter II

SPECIFIC PROVISIONS

1. The agency receiving applications is responsible for leading the review process for issuance, reissuance, supplementary issuance, and amendment of certificates of registration for certification activities conforming to TCVN on organic agriculture (hereinafter referred to as the certificate of registration for certification activities).

2. Certification organizations of organic agricultural products (hereinafter referred to as certification organizations) applying for certification activities in one (01) field shall submit their applications to the specialized agencies of the Ministry of Agriculture and Rural Development, specifically as follows:

a) The Fisheries General Department is the agency receiving applications for the fisheries field.

b) The Forestry General Department is the agency receiving applications for the forestry field.

c) The Crop Production Department is the agency receiving applications for the crop cultivation field.

d) The Livestock Production Department is the agency receiving applications for the livestock breeding field.

3. Certification organizations applying for certification activities in two (02) fields or more shall choose one (01) specialized agency in the applied fields to submit their applications. The agency receiving applications will lead and coordinate with relevant agencies to issue the certificate of registration for certification activities.

4. Certification organizations applying for reissuance, supplementary issuance, and amendment of the certificate of registration for certification activities shall submit their applications according to the provisions of Clause 2 and Clause 3 of this Article.

5. The issuing agency of the certificate of registration for certification activities shall publicly announce the organizations granted the certificate of registration for certification activities on the Ministry of Agriculture and Rural Development's website and the issuing agency's website at the latest five (05) working days from the date of issuance.

5. The agency issuing the Registration Certificate for Operation shall publicly announce the organization that has been issued the Registration Certificate for Operation on the Ministry of Agriculture and Rural Development's online portal and its own portal at the latest within five (05) working days from the date of issuance.

Article 4. Registration number of Certification Organizations

1. The registration number of Certification Organizations is the registration code recorded in Form No. 01 of the Appendix issued together with Decree No. 109/2018/NĐ-CP.

2. Each registration number is only assigned to one Certification Organization and does not change in cases of reissue, supplementary issuance, or modification of the Certificate of Registration for Business Activities.

3. The Department of Science, Technology and Environment is the agency responsible for issuing and managing registration numbers.

Article 5. Activities of Certification Organizations

1. The evaluation method for issuing and supervising the Product Conformity Certificate to the Vietnam National Standard on organic agriculture is carried out according to Point d Clause 1 Article 5 (Method 5) of Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology regarding the announcement of conformity to standards, regulations, and methods of evaluating compliance with standards, technical regulations, and TCVN 12134:2017 Organic Agriculture - Requirements for Certification Organizations, international standards, regional standards, foreign standards approved in Vietnam.

2. Agricultural products of organizations and individuals that have been issued a Product Conformity Certificate for organic agricultural products may use the corresponding product mark for the certified standard.

3. Organizations and individuals wishing to certify their products in accordance with international standards, regional standards, or foreign standards on organic agriculture for domestic consumption must be certified by a certification organization meeting the conditions stipulated in Clause 2 Article 9 of Decree No. 109/2018/NĐ-CP.

Article 6. Quality Inspection of Organic Agricultural Products under the Management of the Ministry of Agriculture and Rural Development

1. General Departments, specialized agencies under the Ministry of Agriculture and Rural Development, Provincial Departments of Agriculture and Rural Development shall conduct quality inspections of organic agricultural products based on their assigned functions and tasks, according to approved plans or when signs of violations are detected.

2. Quality inspection of organic agricultural products shall be conducted in accordance with the provisions of the Law on Product Quality, the Food Safety Law, and other relevant laws.

Article 7. Provisions on Sampling of Organic Agricultural Products

1. The sampler must hold a certificate or a certificate of qualification for sampling or a certificate of participation in training courses with content related to sampling for the corresponding sample type.

2. Sampling shall be carried out in accordance with the corresponding Vietnam National Standards (TCVN) and the regulations of the Ministry of Agriculture and Rural Development.

Article 8. Testing of Samples of Organic Agricultural Products under the Management of the Ministry of Agriculture and Rural Development

1. General Departments and specialized agencies shall use rapid testing methods approved or endorsed by the Ministry of Health and the Ministry of Agriculture and Rural Development to determine substances outside the permitted list in TCVN 11041, international standards, regional standards, and foreign standards approved by Vietnam.

2. The results from rapid test kits are preliminary results, serving only as screening and guiding for subsequent confirmatory tests in laboratories. These results cannot be used as a basis for handling violations.

3. Organic agricultural product samples that yield positive results using rapid test kits must undergo confirmatory testing at laboratories registered for testing activities and recognized or designated in accordance with the law to reach a conclusion.

4. Organic agricultural product samples tested for confirmation at laboratories registered for testing activities and recognized or designated in accordance with the law; if the analysis results show a positive presence of substances outside the permitted list, this is considered a violation.

Article 9. Recall of Organic Agricultural Products Not Meeting Quality Standards Under the Management of the Ministry of Agriculture and Rural Development

1. The recall of organic agricultural products not meeting quality standards shall be carried out in accordance with the provisions of Clause 3, Article 13 of Decree No. 109/2018/ND-CP.

2. Organizations and individuals engaged in production and business must develop plans for recalling organic agricultural products that do not meet quality standards.

3. Forms of recalling organic agricultural products not meeting quality standards include:

a) Voluntary recall implemented by organizations and individuals engaged in production and business;

b) Compulsory recall at the request of competent state agencies.

Article 10. Handling of Organic Agricultural Products Not Meeting Quality Standards Under the Management of the Ministry of Agriculture and Rural Development

1. Handling of recalled organic agricultural products shall be carried out in accordance with the provisions of Clause 4, Article 13 of Decree No. 109/2018/ND-CP.

2. Handling of violations related to non-compliance with quality standards of organic agricultural products shall be carried out in accordance with the laws on administrative penalties and relevant documents concerning product quality and food safety.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 11. Implementation Organization

1. The Processing and Market Development Department shall be responsible for:

a) Advising and compiling information on international cooperation and development of organic agriculture;

b) Leading and coordinating with units to address issues arising during the implementation of this Circular.

2. Departments under the Ministry of Agriculture and Rural Development shall be responsible for:

a) Training and providing professional guidance on inspection, evaluation, and supervision of certification organizations and the quality of organic agricultural products;

b) Receiving applications for issuance, reissuance, supplementary issuance, amendment, and revocation of Certificates of Registration for Certification Activities of Products in Accordance with Vietnam Technical Regulations on Organic Agriculture within their assigned fields;

c) Inspecting the certification activities of certification organizations for organic agricultural products to ensure transparency in accordance with the law;

d) Inspecting production and business establishments of organic agricultural products and the quality of organic agricultural products.

3. The Science, Technology and Environment Department shall be responsible for:

Registering numbers for certification organizations upon the proposal of the General Department and specialized management departments.

4. Provincial Departments of Agriculture and Rural Development under centrally governed cities shall be responsible for:

a) Cooperating with specialized agencies of the Ministry of Agriculture and Rural Development to inspect the certification activities of certification organizations operating in their jurisdictions;

b) Leading or cooperating with specialized agencies of the Ministry of Agriculture and Rural Development to inspect production and business establishments of organic agricultural products and the quality of organic agricultural products within their jurisdiction.

Article 12. Implementation Provisions

1. This Circular takes effect from December 18, 2019. In cases where the legal normative documents or standards referred to for application in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to the provisions of the amended, supplemented, or replacing documents.

2. Certification organizations that have been issued Certificates of Registration for Certification Activities of Organic Agricultural Products in accordance with the Government's Decree No. 107/2016/ND-CP dated July 1, 2016 on conditions for operating conformity assessment services must reregister in accordance with Decree No. 109/2018/ND-CP after the Certificate of Registration expires.

3. During the implementation of this Circular, if there are difficulties or obstacles, organizations and individuals shall promptly report to the Ministry of Agriculture and Rural Development for research and amendment./.