Decision No. 1895/QD-BNN-CB Regarding the amendment of the Regulation on Registration and Certification of High-Quality and Trusted Trade Agricultural, Forestry, and Fishery Products

Pursuant to …;

Regarding the amendment of the Registration and Certification Regulation for High-Quality Agricultural, Forestry, and Aquatic Products and Commercial Reputation

high-quality products and reputable trade

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Decision No. 1197/QĐ-BNN-CB dated May 4, 2007, regarding the amendment of the Registration and Certification Regulation for High-Quality Vietnamese Agricultural and Forestry Products and Commercial Reputation;

Pursuant to Decision No. 3697/QĐ-BNN-CB dated December 29, 2005, issued by the Minister of Agriculture and Rural Development on the acceptance of the project "Certification of High-Quality Vietnamese Agricultural and Forestry Products and Commercial Reputation";

Considering the proposal of the Director of the Department of Processing and Marketing of Agricultural, Forestry, and Aquatic Products and Salt Industry,

DECISION:

Article 1. Amending the name and some articles of the Registration and Certification Regulation for High-Quality Vietnamese Agricultural and Forestry Products and Commercial Reputation as stipulated in Decision No. 3699/QĐ-BNN-CB dated December 29, 2005, and Decision No. 1197/QĐ-BNN-CB dated May 4, 2007, as follows:

- As to the name of the regulation: Amend to The Regulation on Registration and Certification of High-Quality Vietnamese Agricultural, Forestry, and Aquatic Products and Commercial Reputation.

- All phrases "high-quality agricultural and forestry products" shall be changed to "high-quality agricultural, forestry, and aquatic products". aquatic high-quality products".

- Article 1: Add the phrase "registration" to the sentence "This regulation is applied for certification...". registration - Article 2 (Applicability): Remove the word "fresh" from the sentence "...including fresh products, processed, preserved, and manufactured products...".

- Clause 8, Article 7 (Registration Documents): Add the time period to the sentence "Copies of relevant documents and materials related to the product within five years from the date of registration".

- Article 9 (Evaluation Criteria): Add further clarification to Clause 1: Management System.

1. "Production management system: the product must be produced at facilities that apply the following management systems:

+ ISO: For all industrial processing facilities

+ GAP, TQM, GMP: For fruit products and special agricultural food products.

+ HACCP: For canned vegetable, fruit, and seafood products.

The Head of the Ministry's Office, the Director of the Department of Processing and Marketing of Agricultural, Forestry, and Aquatic Products and Salt Industry, and the Heads of related units are responsible for implementing this decision./.

Article 2. This Decision takes effect from the date of signing.

Article 3. Luong Le Phuong

REGULATIONS

Amended

pursuant to Decision No. 1895/QĐ-BNN-CB dated June 24, 2008, issued by the Minister of Agriculture and Rural Development

(This regulation is applied for the registration and certification of high-quality Vietnamese agricultural, forestry, and aquatic products and commercial reputation, bringing economic benefits to producers, traders, domestic consumers, and exporters. Agricultural, forestry, and aquatic products produced in Vietnam by organizations and individuals with business registration under all forms of economy.)

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Chapter I:

GENERAL PROVISIONS

Article 1. Scope of Application

Agricultural, forestry, and aquatic products are goods of the agricultural sector, including processed, preserved, and manufactured products; excluding plant seeds, livestock breeds, and agricultural supplies (fertilizers, pesticides, veterinary drugs, etc.)

Article 2. Applicability

Article 3. Forms of certification

High-quality Vietnamese agricultural, forestry, and aquatic products and commercial reputation are certified by the Minister of Agriculture and Rural Development through a Decision and a Certificate of Certification. (fertilizers, plant protection chemicals, veterinary drugs, etc.).

Article 3. Forms of certification

High-quality and reputable Vietnamese agricultural, forestry, and aquatic products shall be certified by the Minister of Agriculture and Rural Development through issuing a Certificate of Recognition.

Chapter II:

REGISTRATION PROCEDURES

Article 4. Registration Objects

Organizations and individuals with products as specified in Article 2 of this Regulation, who have a need and voluntarily agree, have the right to submit registration application for certification.

Article 5. Conditions for Registration

1. Agricultural, forestry, and aquatic products must be produced and marketed stably, available on the market for at least two years from the date of product registration to the date of submitting the certification registration application.

2. Products must have clear origin, without disputes over copyright or complaints related to product quality and commercial reputation.

3. An organization or individual may register certification for multiple products, but a specific product can only be registered for certification by one organization or individual.

Article 6. Procedures for Registration

1. Annually, at least 60 days before the evaluation organization conducts its assessment, the Ministry of Agriculture and Rural Development publicly announces plans, fees, and forms of organization for certifying high-quality and reputable Vietnamese agricultural, forestry, and aquatic products.

2. Organizations and individuals prepare one set of registration files according to the provisions of Article 7 of this Regulation, and send them to the local Basic Evaluation Council (Department of Agriculture and Rural Development within the territory where the organization or individual operates or the industry association of the registered product).

3. The Basic Evaluation Council organizes preliminary evaluations, submits reports and successful applications to the Standing Evaluation Council at the Ministry level located at the Processing, Marketing, Forestry, Aquaculture, and Salt Industry Department of the Ministry of Agriculture and Rural Development.

Article 7. Registration Documents

The registration documents include:

1. Application for product certification registration of organizations and individuals (Annex 1)

2. Description introducing the registering organization or individual

3. Description introducing production technology and equipment

4. Certificate of management system certification

5. Description introducing product quality and standards applied along with the standard announcement file of the organization or individual and confirmation by the competent authority

6. Report on the current environmental status of the production facility

7. Description introducing production and marketing situation of the product in the last two years up to the date of submitting the certification registration application

8. Copies of relevant documents and materials related to the product (if any)

- Intellectual property certificates

- Awards and certificates of merit (within 2-5 years prior to the submission of the application)

- Product photos, production lines, factories

- Comments from organizations and individuals consuming the product

- Other related documents

Article 8. Contribution and Use of Registration Fees

1. Organizations and individuals contribute registration fees together with the registration files to the Basic Evaluation Council and the Ministry-level Evaluation Council, which are not refundable.

2. The contributions are used by the Basic Evaluation Council for evaluation, inspection, and supervision activities; by the Ministry-level Evaluation Council for evaluation, certification, supervision, commendation, introduction, and promotion of certified products.

Chapter III:

EVALUATION AND CERTIFICATION

Article 9. Evaluation Criteria

1. Production Management System:

Products must be produced at facilities applying the following management systems:

+ GAP, TQM, GMP: For fruit products and special agricultural food products.

+ HACCP: For canned vegetable, fruit, and seafood products.

The Head of the Ministry's Office, the Director of the Department of Processing and Marketing of Agricultural, Forestry, and Aquatic Products and Salt Industry, and the Heads of related units are responsible for implementing this decision./.

2. Product Quality:

- Products must be produced in accordance with published standards (TCVN, TCCS, International Standards).

- Products must ensure food safety and safe usage according to current national regulations.

- Products must bear origin and trademark labels in compliance with current national regulations.

3. Environmental Protection: Production facilities must not cause adverse impacts on the ecological environment.

4. Commercial Reputation: Products must be widely marketed, ensuring commercial reputation, and must not be subject to complaints related to product quality.

Specific requirementsFor criteria 1, 2, and 3, the registration files of organizations and individuals must include written confirmation by the competent authority; for criterion 4, confirmation must come from large-scale consumers of the product.

Article 10. Evaluation Board

1. The Evaluation Council consists of members representing management agencies, production and business entities (production and business entities with registered products do not participate in the Council), industry associations, consumers, and scientists in the field of registered products.

2. The Director of the Department of Agriculture and Rural Development and the Chairman of the Industry Association decide to establish the Basic Evaluation Council (Preliminary Evaluation Council), consisting of five to seven people, including one Chairperson, one Vice-Chairperson, two opposing councilors, and one Secretary. These two Preliminary Evaluation Councils have identical functions, tasks, and authorities.

3. The Minister of Agriculture and Rural Development decides to establish the Ministry-level Evaluation Council, consisting of seven to nine people, including one Chairperson, one Vice-Chairperson, one Secretary Councilor, and two opposing councilors. The Chairperson of the Council is the Director of the Processing, Marketing, Forestry, Aquaculture, and Salt Industry Department. The Standing Council includes the Chairperson, Vice-Chairperson, and Secretary. The Secretary of the Council is a specialist from the Processing, Marketing, Forestry, Aquaculture, and Salt Industry Department.

Article 11. Receiving and Processing Applications

1. The secretary of the evaluation council at the basic level shall receive and examine the validity of the registration applications according to the provisions of Articles 4, 5, and 7 of this Regulation, organize the basic-level evaluation as stipulated in Article 13 of this Regulation, and prepare a report for submission to the head of the agency.

2. The permanent office of the evaluation council at the Ministry level shall receive the evaluation reports and shortlisted application files from the basic-level council, organize the Ministry-level evaluation as stipulated in Article 13 of this Regulation, and prepare a report for submission to the Minister of Agriculture and Rural Development.

Article 12. Principles of Operation of the Evaluation Council

1. The evaluation council operates on the principle of democracy and secret ballot voting.

2. A meeting of the evaluation council must have at least three-quarters of the members present, including the Chairperson and/or Vice-Chairperson, and at least one opposing member. An opposing member who is absent must provide comments and evaluations in writing.

3. Each council member has the responsibility to study the application file before the meeting, provide written comments and evaluate the product (Annex 2).

4. The Ministry-level evaluation council shall only consider products that have been recommended by the basic-level council.

Article 13. Procedure and Results of Evaluation

1. Basic-level Evaluation:

- Basic-level evaluation shall be completed no later than thirty days from the deadline for submitting the registration application and shall be conducted in two steps: on-site evaluation (if deemed necessary) and evaluation based on the application file.

- On-site evaluation: The council appoints a team of experts consisting of three people, including a team leader, who directly visit the production facility to assess the conformity of the actual situation with the contents registered in the application file. The expert team prepares an evaluation report for submission to the council.

- Evaluation based on the application file: The council convenes a full session, listens to the expert team's evaluation report; provides comments and evaluates the product by each council member; discusses and votes on the evaluation (Annex 3) for each product.

The counting committee, appointed by the council, counts the votes, prepares a record (Annex 4), and announces the voting results.

A product passes the selection if it receives at least two-thirds of the votes from council members recommending certification.

- The council prepares a record (Annex 5) for submission to the head of the agency that established the council.

- Within fifteen days of receiving the council's evaluation record, the Department of Agriculture and Rural Development and associations prepare an evaluation result report at the basic level for submission to the Ministry-level evaluation council and publicly announce the evaluation results to organizations and individuals with products applying for certification.

2. Ministry-level Evaluation:

- Ministry-level evaluation shall be completed no later than thirty days from the deadline for submitting the basic-level evaluation report.

- The council secretary sends the application file and comments (Annex 2) to the council members no later than five days before the meeting.

- The council convenes a full session, listens to opposing comments; comments and evaluations by council members; discusses and votes on the evaluation (Annex 3) for each product.

- The counting committee, appointed by the council, counts the votes, prepares a record (Annex 4), and announces the voting results.

- A product recommended for certification as high-quality and reputable Vietnamese agricultural, forestry, and aquatic products must receive at least two-thirds of the votes from council members recommending certification.

- The council secretary prepares a record (Annex 5) of the council meeting.

- The council chairperson prepares a report for submission to the Minister of Agriculture and Rural Development.

Article 14. Certification

1. The Minister of Agriculture and Rural Development issues the Decision and grants the Certificate to agricultural, forestry, and aquatic products that meet high quality standards and commercial reputation. The validity period of the Decision is five years.

2. The Ministry of Agriculture and Rural Development organizes the award ceremony for the Decision, Certificate, and Cup to organizations and individuals whose products have been certified, and promotes these certified products widely through mass media.

3. Upon expiration of the Decision's validity period, to be re-certified, the product must be reassessed according to the provisions of this Regulation.

4. Annually, the Ministry of Agriculture and Rural Development publishes a list of certified products and those whose certification Decision has expired.

Chapter IV: MANAGEMENT AND SUPERVISION

Article 15. Management and Supervision

1. The Ministry of Agriculture and Rural Development assigns the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry to take the lead, coordinating with Provincial Departments of Agriculture and Rural Development, Associations, and relevant agencies to manage and supervise the quality and commercial reputation of certified products, as well as the activities of organizations and individuals related to production, business, and promotion of certified products.

2. Before December 15 each year, organizations and individuals with certified products prepare reports on production status, consumption, and product quality, submitting them to the Provincial Department of Agriculture and Rural Development and Associations. The Provincial Department of Agriculture and Rural Development and Associations compile and submit reports to the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry before December 25.

Article 16. Handling Violations

If organizations and individuals with certified products violate the provisions of Article 9 of this Regulation, depending on the severity, they may be temporarily suspended or their certification Decision revoked.

During the temporary suspension period, organizations and individuals are responsible for taking corrective actions and preparing reports to submit to the Provincial Department of Agriculture and Rural Development, Associations, and the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry.

The temporary suspension, restoration of effectiveness, or revocation of the certification Decision is proposed by the Director of the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry and decided upon by the Minister of Agriculture and Rural Development.

Chapter V: RIGHTS AND RESPONSIBILITIES

RIGHTS AND OBLIGATIONS

Article 17. Rights

Organizations and individuals with certified products are permitted to use the Emblem of High-Quality and Commercially Reputable Vietnamese Agricultural, Forestry, and Aquatic Products on the labels of certified products and are allowed to promote and advertise these products through mass media.

Article 18. Responsibilities

1. Promotion of products and use of the Emblem shall not cause confusion regarding other products of the organization or individual being certified as high-quality and commercially reputable products.

2. During the validity period of the certification Decision, organizations and individuals with certified products must comply with the provisions of this Regulation and the terms committed to in the certification registration, bear responsibility for any changes related to the quality and commercial reputation of the certified product, and report in writing to the Provincial Department of Agriculture and Rural Development or Association. The Provincial Department of Agriculture and Rural Development and Association compile and submit reports to the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry.

Article 19. Complaints and Resolution of Complaints

1. Organizations and individuals, whether or not they have registered for certification of high-quality and commercially reputable Vietnamese agricultural, forestry, and aquatic products, have the right to lodge complaints about the assessment results and violations of the provisions of this Regulation.

2. Complaints must clearly state the name, address of the complainant, and be submitted to the Provincial Department of Agriculture and Rural Development, Association, and/or the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry.

3. The Director of the Provincial Department of Agriculture and Rural Development, the Chairman of the Association, and the Director of the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry are responsible for reviewing and responding to complaints in writing according to current State regulations.

4. In case the complainant disagrees with the content of the response from the Director of the Provincial Department of Agriculture and Rural Development, the Chairman of the Association, or the Director of the Processing and Marketing Department of Forestry, Aquatic Products, and Salt Industry, they may appeal to the Minister of Agriculture and Rural Development. The Minister's decision is final.

Chapter VI:

FINAL PROVISIONS

Article 20. Amendment and Supplement to the Regulation

The amendment and supplement to this Regulation shall be proposed by the Director of the Processing, Marketing Department of Agriculture, Forestry, Aquatic Products and Salt Industry, and decided by the Minister of Agriculture and Rural Development.