Circular No. 17/2011/TT-BNNPTNT amending, supplementing, and abolishing certain provisions on administrative procedures in the field of crop production pursuant to Resolution No. 57/NQ-CP dated December 15, 2010.

CIRCULAR

Amending, supplementing, and abolishing certain provisions on administrative procedures in the field of crop production

pursuant to Resolution No. 57/NQ-CP dated December 15, 2010

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-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 dated December 15, 2010 of the Government on simplifying administrative procedures within the scope of management functions of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development amends, supplements, and abolishes certain provisions on administrative procedures in the field of crop production according to Resolution No. 57/NQ-CP dated December 15, 2010 as follows:

Article 1. Amending and supplementing some articles of the Regulation on Certification of Good Agricultural Practices (VietGAP) for safe vegetables, fruits, and tea issued together with Decision No. 84/2008/QD-BNN dated July 28, 2008 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Decision No. 84/2008/QD-BNN)

1. The name of the Regulation is amended and supplemented as follows:

"Regulation on Certification of Good Agricultural Practices (VietGAP) for Crop Products"

2. Clause 1 is amended and supplemented as follows:

"Article 1. Scope of Regulation and Applicability

1. This Regulation prescribes the procedures, formalities, and responsibilities of agencies, organizations, and individuals in certifying crop products produced in accordance with Good Agricultural Practices (VietGAP).

2. This Regulation applies to state agencies, certification organizations, and organizations and individuals registering for certification of crop products produced in accordance with Good Agricultural Practices (VietGAP)."

3. Clause 2 is amended and supplemented as follows:

"Article 2. Explanation of Terms

In Decision No. 84/2008/QD-BNN, the following terms shall be understood as follows:

1. Good Agricultural Practices (VietGAP - Vietnamese Good Agricultural Practices) for crop products are principles, procedures, and guidelines for organizations and individuals to produce, harvest, and process crop products in a manner that ensures safety, improves product quality, ensures social welfare, the health of producers and consumers, protects the environment, and allows traceability of product origin, as prescribed by the Ministry of Agriculture and Rural Development or other GAP standards prescribed by the Ministry of Agriculture and Rural Development.

2. A certification organization for crop products produced in accordance with Good Agricultural Practices (hereinafter referred to as VietGAP Certification Organization) is an organization that meets the required conditions and is designated by the competent state authority.

3. Producer refers to an individual or organization producing and processing crop products that apply for VietGAP certification.

4. VietGAP certification for crop products (hereinafter referred to as VietGAP certification) is the evaluation and confirmation that the producer's crop products comply with Good Agricultural Practices (VietGAP)."

4. Clause 5 of Article 4 is amended and supplemented as follows:

"Article 4. Forms of Inspection

5. Internal inspection is conducted by the producer themselves or by hiring inspectors to self-assess production practices, record keeping, and file storage according to Good Agricultural Practices (VietGAP) for crop products."

5. Clause 1 of Article 5 is amended and supplemented as follows:

"Article 5. Registration for VietGAP Certification

1. Producers who meet Good Agricultural Practices (VietGAP) for crop products submit one set of registration documents for VietGAP certification to the VietGAP Certification Organization. The registration documents include:

a) A VietGAP registration form according to the model attached as Appendix 1 to this Circular. In cases where the producer registers for VietGAP certification as an organization with multiple members, they must also submit a list of members (names, addresses, locations, production areas);

b) A map of land division and plot layout of the production area, a description of design and layout of the production area, post-harvest handling, processing, and storage;

c) Results of internal inspections as prescribed in Article 8 of Decision No. 84/2008/QD-BNN."

6. Clause 1 of Article 7 is amended and supplemented as follows:

"Article 7. Supervisory Inspection

1. The VietGAP Certification Organization conducts regular or spot checks on the maintenance of VietGAP implementation by producers. The frequency of supervisory inspections is determined based on the producer's maintenance of Good Agricultural Practices (VietGAP) for crop products."

7. Clause 1 of Article 8 is amended and supplemented as follows:

"Article 8. Internal Inspection

1. Producers must conduct internal inspections at least once a year to self-assess the compliance of production practices, record keeping, and file storage according to Good Agricultural Practices (VietGAP) for crop products."

8. Article 10 is amended and supplemented as follows:

"Article 10. Announcement of Products Produced in Accordance with VietGAP Organizations and individuals announce crop products produced in accordance with VietGAP at the Standardization, Measurement, and Quality Control Agency under the Department of Science and Technology in accordance with Articles 15 and 16 of the Regulations on Conformity Assessment and Public Announcement of Conformity issued pursuant to Decision No. 24/2007/QD-BKHCN dated September 28, 2007 of the Ministry of Science and Technology."

9. Article 13 is amended and supplemented as follows:

"Article 13. Conditions for Certification Organizations

1. State-owned enterprises, businesses, research institutes, or branches of foreign certification organizations in Vietnam are designated as Certification Organizations when meeting the following conditions:

a) Having an organizational structure that meets the requirements for inspection, assessment; decision-making on certification, and ensuring that the person making the certification decision is not the person conducting the inspection or assessment;

b) Having regulations on the procedures, formalities for issuing, maintaining, renewing, warning, suspending, and revoking VietGAP certification that ensure objectivity, accuracy, and compliance with this Regulation."

c) Contains provisions on the procedures and processes for sampling, testing, ensuring that testing is conducted at laboratories recognized or designated to assess food safety standards;

d) Includes provisions on the procedures for handling feedback, complaints, and disputes related to VietGAP certification;

đ) Staff with appropriate expertise (Crop Production, Plant Protection, Biology) holding a bachelor's degree or higher, possessing a VietGAP training certificate, and having at least three years of work experience;

2. Organizations recognized as meeting the TCVN 7457:2004 standard or ISO/IEC Guide 65:1996 - General Requirements for Product Certification Bodies shall be given priority consideration for designation as Certification Bodies;

10. Clause 2 of Article 14 is amended and supplemented as follows:

"Article 14. Procedures and Processes for Registration and Designation of Certification Bodies

2. Organizations meeting the conditions stipulated in Article 13 of Decision No. 84/2008/QĐ-BNN shall submit one set of registration files to be evaluated and designated as Certification Bodies by the Designating Authority. The file includes:

a) A VietGAP Certification Activity Registration Form according to the model attached as Appendix 2 to this Circular;

b) A copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate (certified copy or photocopy with the original for comparison);

c) Documents proving the management system and certification capacity in compliance with the conditions specified in Article 13 of Decision No. 84/2008/QĐ-BNN; Sample of VietGAP Certification Certificate;

đ) Results of certification activities already carried out in the registered field (if any)";

11. Point b of Clause 1 of Article 19 is amended and supplemented as follows:

"Article 19. Responsibilities and Authorities of Certification Bodies Responsibilities: b) Based on the procedures and processes for VietGAP inspection and certification for crop products as stipulated in Decision No. 84/2008/QĐ-BNN, develop detailed procedures and processes for VietGAP inspection and certification for each specific product and notify relevant agencies, organizations, and individuals;"

12. Clause 1 of Article 22 is amended and supplemented as follows:

"Article 22. Responsibilities and Authorities of the Department of Agriculture and Rural Development

1. Responsibilities:

a) Develop and implement planning and manage production bases and regions suitable for VietGAP crop production within their jurisdiction;

b) Guide the establishment of linkage organizations (cooperatives, cooperatives unions, etc.) in VietGAP-compliant crop production;

c) Report monthly to the Crop Production Department the list of Certification Bodies, the list of producers granted, warned, suspended, or revoked VietGAP Certification Certificates;

d) Announce on mass media the list of Certification Bodies, the list of producers granted, warned, suspended, or revoked VietGAP Certification Certificates within their jurisdiction";

13. Repeal Appendix 7 regarding the sample announcement of VietGAP-compliant products and Appendix 8 regarding the sample notification of receipt of product announcements produced under VietGAP;

Article 2. Amending and Supplementing Certain Provisions of the Management Regulations for Safe Vegetable, Fruit, and Tea Production Issued Together with Decision No. 99/2008/QĐ-BNN dated October 15, 2008 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Decision No. 99/2008/QĐ-BNN)

1. Clause 3 shall be amended and supplemented as follows:

"Article 3. Conditions for Safe Vegetable and Fruit Production

During the period awaiting the issuance of Technical Standards on safe vegetable and fruit production conditions, to be granted a Certificate of Compliance with Conditions for Safe Vegetable and Fruit Production, producers and processors must meet the following basic conditions:

1. Conditions for Safe Vegetable and Fruit Production

a) Human Resources

- Have or hire technical staff specializing in crop production or plant protection at a college level or above to guide and supervise safe vegetable and fruit production techniques (staff from the production facility, agricultural extension workers, plant protection officers, or regular or non-regular labor contracts);

- Workers must undergo training and obtain a training certificate from the Department of Agriculture and Rural Development or an organization authorized to conduct VietGAP and safe vegetable, fruit, and tea production management training;

b) Cultivation Land and Growing Media

- The cultivation land area must be within the plan approved by the Provincial People's Committee. It should not be directly affected by industrial waste, household waste from residential areas, hospitals, centralized livestock slaughterhouses, cemeteries, or major roads;

- The heavy metal content in soil and growing media before and during production (tested when there is a risk of contamination) must not exceed the permissible levels specified in Appendix 1 of Decision No. 99/2008/QĐ-BNN;

c) Irrigation Water

- Do not use industrial wastewater, hospital wastewater, concentrated residential area wastewater, livestock farm wastewater, or centralized livestock slaughterhouse wastewater for direct irrigation of vegetables, fruits, and tea;

- The chemical and heavy metal content in irrigation water before and during production (tested when there is a risk of contamination) must not exceed the permissible levels specified in Appendix 2 of Decision No. 99/2008/QĐ-BNN;

- Water used in sprout production must meet drinking water standards;

d) Safe Vegetable and Fruit Production Process

Producers must develop a production process suitable for the specific crops and local conditions but must comply with VietGAP food safety regulations;

đ) Producers must commit to ensuring food safety and maintain complete records of the entire production process according to VietGAP;

2. Conditions for Safe Vegetable and Fruit Processing

a) Personnel must meet the conditions stated in point a of Clause 1 of Article 3 of Decision No. 99/2008/QĐ-BNN and undergo regular health checks to ensure they do not have infectious diseases as currently defined by the Ministry of Health;

b) Must have processing sites, facilities, packaging materials, and transportation means that meet VietGAP food safety standards;

c) Water used for washing vegetables and fruits must meet the standards set forth in Decision No. 1329/2002/QĐ-BYT dated April 18, 2002, issued by the Minister of Health on the promulgation of drinking water hygiene standards;

d) Having a purchase contract for fresh vegetables and fruits from vegetable and fruit producers (in the case of purchasing raw materials for processing);

đ) The processor must commit to ensuring food safety and maintain records of the entire processing process according to VietGAP;

e) The processor establishes a safe vegetable and fruit processing procedure in accordance with the food safety regulations in VietGAP.

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

Article 5. Procedures and formalities for issuing the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing

1. The producer submits one set of registration documents requesting issuance of the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing to the Department of Agriculture and Rural Development where production takes place, including:

a) An application form for the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing according to the model attached at Appendix 3 of this Circular;

b) A declaration of production and processing conditions for safe vegetables and fruits according to the model in Decision No. 99/2008/QĐ-BNN Appendix 5;

2. Procedures for Implementation

a) Within three working days, the Department of Agriculture and Rural Development shall review the completeness of the documents in accordance with the regulations;

b) Within five working days from the date of receiving the complete documents as prescribed, the Department of Agriculture and Rural Development shall establish an inspection team consisting of three to five members;

c) Within five working days from the date of issuing the decision to establish the inspection team, the inspection team shall conduct on-site inspections; if necessary, samples of soil and water shall be taken for analysis; an inspection record shall be established with confirmation from the representative of the inspection team and the producer;

d) In cases where the conditions are met, the decision to issue the certificate shall be made within five working days from the date of the Inspection Record;

If the conditions are not met, the inspection team shall clearly state in the Inspection Record the criteria that have not been met and the time frame for the producer to rectify them. Upon receipt of the rectification report, the inspection team shall re-inspect and recommend issuance of the certificate when the requirements are met.

3. The Certificate of Compliance for Safe Vegetable and Fruit Production and Processing is valid for five years.

One month before the expiration of the Certificate, the producer must submit one set of documents requesting renewal of the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing to the Department of Agriculture and Rural Development, including:

+ An application form for the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing according to the model attached at Appendix 3 of this Circular;

+ A declaration of production and processing conditions for safe vegetables and fruits (if there are changes compared to the initial registration);

+ A report on the results of safe vegetable and fruit production and processing during the period covered by the certificate (for cases where the certificate has expired);

+ A rectification report (for cases where the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing has been revoked).

- The procedures and deadlines for renewing the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing shall be carried out like the initial issuance procedures.

- The renewed Certificate of Compliance for Safe Vegetable and Fruit Production and Processing is valid for five years.

4. The documents for issuing the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing shall be kept by the Department of Agriculture and Rural Development and the producer for inspection and audit purposes.

5. In cases where the producer has been certified and issued a VietGAP Certificate by a certification organization, they are not required to submit registration documents for the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing to the Department of Agriculture and Rural Development.

3. Supplement the model of the Certificate of Compliance for Safe Vegetable and Fruit Production and Processing (Appendix 4 issued together with this Circular).

1. Clause 3 shall be amended and supplemented as follows:

Article 3. Registration for Recognition of Seed Sources

1. Submitting application

Organizations and individuals wishing to register for recognition of seed sources shall submit one set of application documents directly or through postal service to the Department of Agriculture and Rural Development where the seed source is located. The application documents include:

a) Application form for recognition of industrial tree seed sources and long-term fruit tree seed sources (Annex 5 issued together with this Circular);

b) Other related documents: garden layout diagram, summary report on the history of the seed source; yield, quality, disease resistance capability, adverse environmental conditions of the seed source; results of previous research or competitions.

2. Receiving and Processing Applications

The Department of Agriculture and Rural Development shall receive and examine the application documents for recognition of seed sources according to the following procedures:

a) Within three working days from the date of receipt of the application documents, the receiving department must check the completeness of the documents in accordance with regulations. In case the documents are incomplete, they must notify and guide organizations and individuals to complete the documents.

b) Within forty-five working days from the date of receipt of complete documents as prescribed, the Department of Agriculture and Rural Development shall process the documents and issue the result.

2. Clause 3, 4 of Article 4 are amended and supplemented as follows:

"3. Issuance of Certificate of Seed Source Recognition

a) Based on the evaluation record of the Selection Committee for Parent Trees and the Inspection Committee for Parent Tree Gardens, the Director of the Department of Agriculture and Rural Development shall consider and decide to issue the Certificate of Seed Source Recognition (Annexes 02a, 02b issued together with Decision No. 64/2008/QĐ-BNN);

b) The validity period of the Certificate of Seed Source Recognition is five years from the date of recognition for parent gardens and S0 citrus trees."

4. Reissue of Certificate of Seed Source Recognition

a) Three months before the expiry date, if the owner of the seed source wishes to re-register for recognition of the seed source, they must submit one set of application documents directly or through postal service to the Department of Agriculture and Rural Development for consideration and resolution (including all seed sources recognized by competent authorities before this regulation was issued).

b) The application documents for re-registration of seed source recognition include: application form for re-recognition of seed source; copy of the latest recognition decision; seed source layout diagram, summary report on growth, yield, quality, quantity of propagation material harvested during the latest recognition period.

c) Procedure and time limit for handling the procedure

- Within three working days from the date of receipt of the application documents, the receiving department must check the completeness of the documents in accordance with regulations. If the documents are incomplete, they must notify and guide organizations and individuals to complete the documents.

- Within fifteen working days from the date of receipt of complete documents as prescribed, the Department of Agriculture and Rural Development shall base on the actual care, use, and growth of the seed source. If it meets the conditions, it will be re-recognized.

d) The validity period of the seed source after re-recognition is five years."

Article 4. Add a model application form for registering data confidentiality for testing to Decision No. 69/2006/QĐ-BNN dated June 13, 2006 of the Minister of Agriculture and Rural Development (Annex 6 issued together with this Circular).

Article 5. Amend, supplement, and abolish some provisions of Circular No. 32/2010/TT-BNNPTNT dated June 17, 2010 of the Ministry of Agriculture and Rural Development on designation and management of activities of sample collectors, inspectors, testing laboratories, and organizations certifying the quality of plant seeds, products, and fertilizers as follows:

1. Change the title of the Circular to: "Regulations on Sample Collectors, Inspectors, and Organizations Certifying the Quality of Plant Seeds, Products, and Fertilizers".

2. Clause 1 is amended and supplemented as follows:

Article 1. Scope of Regulation and Applicability

1. This Circular regulates training, issuance of training certificates for sample collectors and inspectors; conditions, procedures, and formalities for designation and management of activities of organizations certifying the quality of plant seeds, products, and fertilizers under the management responsibility of the Ministry of Agriculture and Rural Development.

2. This Circular applies to organizations and individuals engaged in activities related to training, issuance of training certificates for sample collectors and inspectors; designation and management of activities of organizations certifying the quality of plant seeds, products, and fertilizers in the fields specified in Annex 7 of this Circular.

3. Clause 8 of Article 2 is amended and supplemented as follows:

Article 2. Explanation of Terms

8. Supervision is the activity of the designating authority conducting an assessment of the competence, management system, and certification results of the certifying organization after designation.

Article 3. Conditions for Sample Collectors and Inspectors to Practice Professionally

1. They must be employees of state administrative agencies, public institutions, enterprises, or cooperatives operating in the relevant field;

2. They must have a certificate (training certificate) proving they have been trained in plant seed inspection, sample collection, product inspection, and fertilizer sampling.

5. Clause 4 of Article 5 is amended and supplemented as follows:

Article 5. Conditions for Designation of Certification Organizations

4. They must have or hire sample collectors and inspectors with training certificates, or accredited or designated testing laboratories.

6. Clauses 2, 7 of Article 8 are amended and supplemented as follows:

Article 8. Documents for Registration of Designation of Certification Organizations

2. Copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate;

7. Copy of the Accreditation Certificate for Certification Organization issued by the Accreditation Body and related documents on the scope of accreditation (if any).

7. Article 9 is amended and supplemented as follows:

Article 9. Receipt and Examination of Designation Registration Documents for Certification Organizations

1. Certification organizations operating nationwide shall submit one set of application documents directly or through postal service to the Crop Production Department, Ministry of Agriculture and Rural Development.

2. Certification organizations for plant products operating in one province or city shall submit one set of application documents directly or through postal service to the Department of Agriculture and Rural Development where the certification organization is headquartered.

3. The Plant Cultivation Department and the Department of Agriculture and Rural Development shall receive and review the application file; in case the application file contains errors, they must notify the organization or individual submitting the file of the necessary corrections and supplements within five (5) working days from the date of receipt of the file.

Article 10. Training and Issuance of Training Certificates for Seed Sampling Personnel and Inspection Personnel

1. An individual who is to be issued a certificate for seed sampling of plant varieties, plant products, fertilizers, or inspection of plant varieties must attend a training course on seed sampling of plant varieties, plant products, fertilizers, or inspection of plant varieties organized by units with training functions and achieve an average score or higher in the post-training examination.

2. The training program shall follow the guidance of the Plant Cultivation Department; the format of the training certificate shall comply with the provisions set out in Appendix 8 of this Circular.

3. The Plant Cultivation Department shall assign units with training functions and tasks to organize training or cooperate with related units to organize training for seed sampling personnel and inspection personnel.

4. Procedures for training and issuing certificates:

a) Individuals requesting a certificate shall submit a Training Registration Form according to the model provided in Appendix 9 of this Circular and one 3x4 cm photograph to the training unit with the appropriate function.

b) Prior to organizing the training, the training unit shall send the Plant Cultivation Department a written notice or email informing trainees of the training schedule (time, location, program, instructors).

c) Within one day after the completion of the training session, the training unit shall send a list of trainees who achieved an average score or higher via email to the Plant Cultivation Department. Within one day after receiving the training results, the Plant Cultivation Department shall issue a code number and notify the training unit via email. Within five days from the date of receiving the notification of the code number, the training unit shall issue a training certificate to individuals who achieved an average score or higher and submit the training registration form to the Plant Cultivation Department for management and record-keeping.

d) Individuals holding a training certificate may practice within the scope specified on the certificate immediately upon receipt of the training certificate. If they wish to expand their scope of practice, they must register for additional training and obtain a certificate for that field.

9. Article 12 shall be amended and supplemented as follows:

Article 12. Designation of Certification Organizations

1. Designation of Certification Organizations

a) Within five (5) working days from the date of receipt of the Minutes proposing designation by the Evaluation Team, the Director of the Plant Cultivation Department and the Department of Agriculture and Rural Development shall issue a decision designating the Certification Organization. The designation decision must specify the scope of designation in detail and shall be valid for no more than five (5) years.

b) The time from when the decision to establish the Evaluation Team is made until the issuance of the designation decision shall not exceed thirty (30) working days, except in cases where the certification organization has non-compliant points that need to be addressed.

2. In cases where the designation is refused, the Plant Cultivation Department shall notify the reasons for refusal in writing to the certification organization that submitted the application and the Department of Agriculture and Rural Development shall notify the certification organization applying for designation in the province.

3. A certification organization that has been designated, if it wishes to expand its activities to another province, must be recognized by the Department of Agriculture and Rural Development in the province where it intends to expand its operations regarding the designation result of the certification organization by the Department of Agriculture and Rural Development in the province where its headquarters is located.

10. Article 13 is amended and supplemented as follows:

Article 13. Re-designation and Expansion of the Scope of Designation for Certification Organizations

1. Re-designation of Certification Organizations

a) A certification organization wishing to be re-designated must submit one (1) set of Application Files for Re-designation to the Plant Cultivation Department and the Department of Agriculture and Rural Development three months before the expiration of the designation decision.

The re-designation application files include:

- An Application Form for Re-designation according to the model provided in Appendix 2d of this Circular;

- A report on the results of certification implementation during the five years of designation;

- A Quality Manual with updates and changes regarding organizational structure, personnel, equipment, procedures, guidelines, and forms (if applicable).

b) Based on the application files and annual monitoring results, the Plant Cultivation Department and the Department of Agriculture and Rural Development shall evaluate and re-designate the Certification Organization in accordance with the provisions of Clause 2 of Article 11 and Clause 2 of Article 12 of this Circular.

2. Expansion of the Scope of Designation for Certification Organizations

a) A designated certification organization wishing to expand the scope of designation must submit one set of Application Files in accordance with Article 8 of this Circular to the Plant Cultivation Department and the Department of Agriculture and Rural Development.

b) Based on the application files for expanding the scope of designation and annual monitoring results, the Plant Cultivation Department and the Department of Agriculture and Rural Development shall evaluate and expand the scope of designation in accordance with the provisions of Clause 2 of Article 11 and Clause 2 of Article 12 of this Circular.

3. The processing period for re-designation and expansion of the scope of designation for certification organizations as stipulated in Clauses 1 and 2 of this Article is thirty (30) working days from the date of receipt of complete application files in accordance with the regulations.

Article 14. Identification Numbers for Seed Sampling Personnel, Inspection Personnel, and Certification Organizations

1. Each seed sampling personnel, inspection personnel with a training certificate, and designated certification organization shall have a unique identification number for management purposes and shall be recorded on the training certificate or designation decision.

2. The method of assigning identification numbers for seed sampling personnel, inspection personnel, and certification organizations shall be guided by Appendix 10 of this Circular.

12. Point a of Clause 1 of Article 15 is amended and supplemented as follows:

Article 15. Reporting Requirements

1. Changes to Report

a) Designated certification organizations must report to the Plant Cultivation Department (for certification organizations operating in one province or city, report to the provincial Department of Agriculture and Rural Development) any changes related to the designated scope, at the latest within thirty (30) working days from the date of change.

13. Article 18 is amended and supplemented as follows:

Article 18. Exemption from Monitoring for Designated Certification Organizations with Recognition Certificates

1. Subject to Exemption from Monitoring: Designated certification organizations with recognition certificates, whose post-recognition surveillance results by the certifying body conclude that the certification organization continues to meet TCVN 7457:2004 or ISO/IEC Guide 65:1996 standards.

2. Designated certification organizations wishing to be exempted from monitoring must submit one (1) set of application files to the Plant Cultivation Department or the Department of Agriculture and Rural Development. The application files include:

- Application for exemption from supervision;

- Certified copy of the Recognition Certificate;

- Certified copy of the Supervision Minutes of the Recognizing Organization;

- Report on the results of activities and other related documents (if any).

3. Within five (5) working days from the date of receipt of the application file, the Crop Production Department and the Department of Agriculture and Rural Development shall examine the file and decide to exempt supervision.

4. The validity period of the Decision on Exemption from Supervision for the Recognizing Organization is one (1) year.

14. Article 20 is amended and supplemented as follows:

"Article 20. Warning, suspension, restoration, revocation of the decision to designate a recognizing organization

The Crop Production Department bases on the results of supervision, inspection, and audit to consider and decide on warning, suspending, restoring, or revoking the effectiveness of the designation decision.

1. Warning when the designated recognizing organization has errors but they have not affected the certification quality results.

2. Suspend partially or entirely the effectiveness of the designation decision in cases where there are technical errors that can be rectified and have not caused serious consequences:

a) Actions to rectify in the supervision report have not been fully implemented;

b) Failure to comply with the reporting system as stipulated in Article 15 of this Circular.

3. Restoration of the effectiveness of the designation decision when errors have been corrected.

4. Revoke the effectiveness of the designation decision in the following cases:

a) The recognizing organization does not meet the conditions as prescribed in Article 5 of this Circular or the supervision results show that the recognizing organization is not honest and impartial in its evaluation and certification activities.

b) Within one (1) year from the date of the decision to revoke the effectiveness of the designation decision, the recognizing organization may not engage in certification activities. If it wishes to resume operations thereafter, it must re-register for designation according to the provisions of Clause 3, Article 13 of this Circular".

15. Article 21 is amended and supplemented as follows:

"Article 21. Costs

1. Training and certification costs are borne by the sample taker or the tester according to the regulations of the Ministry of Finance or through an agreement with the training unit if there are no national regulations.

2. Costs for submitting applications, assessment, designation, and supervision of recognizing organizations are borne by the recognizing organization according to the regulations of the Ministry of Finance.

3. Costs for sampling and testing samples related to customer complaints or reports are borne by the party at fault."

"Article 22. Responsibilities and authorities of the sample takers, testers, and designated recognizing organizations

1. Sample takers and testers

a) Have the right to conduct sampling and testing based on contracts signed with organizations or individuals requesting sampling or testing of plant varieties.

b) Are responsible for conducting sampling and testing in accordance with the correct methods; ensuring objectivity and fairness; keeping confidential information, data, and results of sampling and testing, except when required to report by competent state agencies; participating in training and retraining; paying designation fees as prescribed.

2. Designated recognizing organizations of plant varieties, products, and fertilizers have rights and responsibilities as stipulated in Articles 19 and 20 of the Product Quality Law and implementing guidelines."

"Article 23. Responsibilities and authorities of the Crop Production Department

1. Issuing training programs, designating training units, issuing identification numbers, retaining files of sample takers and testers of plant varieties, products, and fertilizers;

2. Accepting registration files, organizing assessments, designations, inspections, audits, and supervisions of recognizing organizations nationwide;

3. Ensuring objectivity and fairness in assessment, designation, inspection, audit, supervision, and resolution of complaints and accusations;

4. Keeping confidential information and data during the implementation of assessments, designations, and supervisions;

5. Announcing on mass media the list of sample takers and testers authorized to practice; recognized organizations designated, suspended, or having their designation decisions revoked nationwide;

6. Organizing inspections, audits, and resolving complaints and accusations related to sample takers, testers, and recognizing organizations according to the law;

7. Retaining files of sample takers, testers, and recognizing organizations.

8. Issuing, warning, suspending, restoring, or revoking designation decisions for recognizing organizations."

18. Clause 2 of Article 24 is amended and supplemented as follows:

"Article 24. Responsibilities and authorities of the Departments of Agriculture and Rural Development

2. Cooperate with the Crop Production Department to inspect, audit, and resolve complaints and accusations related to sample takers, testers, and recognizing organizations operating within their jurisdiction."

19. Abolish Clause 1, Clauses 4, 6, 7 of Article 2; Article 4; Article 6; Article 7; Clause 1 of Article 11; Point a of Clause 2 of Article 15; Article 16; Article 19; Appendices 2a, 2b, 2c, 3, 4, 5, 8a, 11, 16, and Clause 1 of Appendix 19.

Article 6. Implementation Provisions

1. This Circular takes effect 45 days from the date of signature.

2. The Director of the Crop Production Department, the Head of the Ministry's Office, the Director of the Legal Affairs Department, the Heads of units under the Ministry, and relevant organizations and individuals are responsible for implementing this Circular./.