Decree No. 191/2007/ND-CP amending and supplementing certain articles of Decree No. 113/2003/ND-CP dated October 7, 2003 of the Government on the management of fertilizer production and business.

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 113/2003/NĐ-CP OF OCTOBER 7, 2003 OF THE GOVERNMENT ON MANAGEMENT OF FERTILIZER PRODUCTION AND BUSINESS

____________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

The Government promulgates this Decree on the organization and operation of Fisheries Inspection,

DECREE :

Article 1. AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 113/2003/NĐ-CP OF OCTOBER 7, 2003 OF THE GOVERNMENT ON MANAGEMENT OF FERTILIZER PRODUCTION AND BUSINESS.

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"ARTICLE 1. This Decree stipulates the registration for trial and recognition of fertilizers, naming and renaming of fertilizers, production, processing, importation, business operations, and state management of fertilizers to protect the legitimate interests of organizations and individuals involved in fertilizer production, business, and use; contributing to increasing crop productivity and quality, protecting soil fertility, and maintaining ecological balance."

4. State Bank Branch in Border Province is the State Bank Branch in provinces sharing borders with China, Laos, and Cambodia.

"ARTICLE 2. The types of fertilizers covered under this Decree include: inorganic fertilizers, root fertilizers, leaf fertilizers, single-element fertilizers, multi-element fertilizers, organic fertilizers, bio-organic fertilizers, traditional organic fertilizers, medium-element fertilizers, micro-element fertilizers, macro-element fertilizers, compound fertilizers, mixed fertilizers, microbial fertilizers, organic-microbial fertilizers, organic-mineral fertilizers, fertilizers supplemented with plant growth regulators, efficiency enhancers for fertilizer utilization, rare earth fertilizers, growing media, fertilizer additives, moisture-retaining agents in fertilizers, and soil conditioners."

4. Clause 2 of Article 5 is amended and supplemented as follows:

"ARTICLE 4. In this Decree, the following terms shall be understood as follows:"
1. Root fertilizers are those fertilizers applied directly to the soil or water to provide nutrients to plants through their roots;
2. Leaf fertilizers are those fertilizers sprayed or poured directly onto leaves, stems, or at the base of plants to provide nutrients through the leaves or stems;
3. Inorganic fertilizers are natural mineral or chemical fertilizers produced industrially containing essential nutrients for plant growth and development;
4. Single-element fertilizers (simple mineral fertilizers) are inorganic fertilizers containing only one major nutrient element;
5. Multi-element fertilizers are inorganic fertilizers containing primarily two or more major nutrient elements, excluding trace and micronutrient elements;
6. Compound fertilizers are multi-element fertilizers produced by chemically combining raw materials;
7. Mixed fertilizers are multi-element fertilizers produced by mechanically mixing several single-element fertilizers;
8. Macro-element fertilizers contain primarily one or more of the three major nutrient elements: nitrogen (N), phosphorus (P, expressed as effective P2O5), and potassium (K, expressed as soluble K2O);
9. Medium-element fertilizers contain primarily one or more of the following medium nutrient elements: calcium (Ca), magnesium (Mg), sulfur (S), and silicon (Si);
10. Micro-element fertilizers contain primarily one or more of the following micronutrient elements: iron (Fe), zinc (Zn), copper (Cu), boron (B), molybdenum (Mo), manganese (Mn), chlorine (Cl), and cobalt (Co);
11. Rare earth fertilizers are those fertilizers containing primarily one or more of the following 17 elements: scandium (atomic number 21), yttrium (atomic number 39), and lanthanide series elements (atomic numbers 57-71: lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium) in the Mendeleev periodic table;
12. Organic fertilizers are those produced mainly from organic raw materials with organic matter content meeting technical standards set by the Ministry of Agriculture and Rural Development;
13. Bio-organic fertilizers are those produced from organic raw materials containing at least one beneficial live microorganism strain at a density consistent with established technical standards;
14. Biological organic fertilizers are those produced from organic raw materials through fermentation processes involving beneficial live microorganisms or other biological agents;
15. Microbial fertilizers are those primarily containing one or more beneficial live microorganisms including nitrogen-fixing bacteria, phosphate-solubilizing bacteria, potassium-solubilizing bacteria, cellulose-degrading bacteria, antagonistic bacteria, photosynthesis-enhancing bacteria, and other beneficial microorganisms at a density consistent with established technical standards;
16. Organic-mineral fertilizers are those produced from organic raw materials mixed with one or more mineral nutrients, including at least one major mineral nutrient;
17. Traditional organic fertilizers are those derived from human and animal waste, agricultural, forestry, and aquaculture by-products, green manure, organic waste, and various types of sludge processed using traditional composting methods;
18. Fertilizers supplemented with plant growth regulators are inorganic or organic fertilizers containing a certain amount of vitamins, enzymes, organic acids, or other plant growth regulators not exceeding 0.5% by weight or volume;
19. Soil conditioners are substances that, when applied to soil, improve soil fertility, physical, chemical, and biological properties;
20. Growing media are natural or artificial substances other than soil used as substrates for planting crops;
21. Moisture-retaining agents in fertilizers are natural or artificial substances with strong water absorption and retention capabilities, providing water to the soil during drought and can be mixed with plant nutrients;
22. Efficiency enhancers for fertilizer utilization are substances that, when mixed or applied together with fertilizers, increase the efficiency of nutrient utilization in fertilizers;
23. Fertilizer additives are inorganic or organic substances mixed with nutrients during fertilizer production;
24. Nutrient content refers to the quantity of nutrients in fertilizers expressed in units of percentage (%), grams per kilogram (g/kg) or milligrams per kilogram (mg/kg) for solid fertilizers, and for liquid fertilizers, it is expressed in units of percentage (%), milligrams per liter (mg/L), grams per liter (g/L), or parts per million (ppm).
25. The effective substance content (or soluble substances for liquid fertilizers) is the amount of water-soluble or weak acid-soluble nutrients that plants can absorb and is determined by analytical methods according to technical standards prescribed.
26. The permissible toxin level is the maximum allowable limit for heavy metal content, harmful microorganisms, Biuret, and free acids in fertilizers.
27. Heavy metals in fertilizers include Mercury (Hg), Lead (Pb), Cadmium (Cd), and Arsenic (As).
28. Harmful microorganisms include strains of E.coli bacteria, Salmonella, Coliform, and roundworm eggs (Acaris).
29. The list of fertilizers permitted for production, business, and use in Vietnam (hereinafter referred to as the fertilizer list) is a compilation of types of fertilizers permitted for production, business, and use in Vietnam.
30. Fake fertilizer is a type of fertilizer produced illegally with an appearance similar to those fertilizers permitted for production, business, importation, or those fertilizers without value corresponding to their origin, natural characteristics, name, and intended use.

4. Article 5 is amended and supplemented as follows:

"Article 5.
1. Organizations and individuals producing fertilizer types (excluding traditional organic fertilizer) must meet the following conditions:
a) Possess a Business Registration Certificate or Investment Certificate for fertilizer production and business issued by competent state authorities;
b) Have machinery and equipment suitable for producing fertilizers meeting quality standards as prescribed;
c) Have or lease a testing laboratory capable of analyzing quality in accordance with the Law on Standards and Technical Regulations;
d) Have a waste treatment system during production to prevent environmental pollution and ensure occupational safety, labor hygiene, and environmental protection conditions in accordance with laws on the environment and laws on occupational safety and labor hygiene;
đ) Have or lease at least one technical staff member with a bachelor's degree or higher who meets the production technology requirements for that type of fertilizer.

2. Organizations and individuals processing fertilizer (excluding traditional organic fertilizer) must meet the conditions stipulated in points a, b, d, đ of Clause 1 of this Article.

5. Article 10 is amended and supplemented as follows:

"Article 10.
1. Organizations and individuals are permitted to import fertilizer types and raw materials for producing fertilizer types listed in the fertilizer list.
2. Organizations and individuals importing fertilizers and raw materials for producing fertilizer types not listed in the fertilizer list must obtain written approval from the Ministry of Agriculture and Rural Development.

"Article 17. Competence, procedures, and formalities for recognizing and revoking decisions to recognize testing facilities for genetically modified organisms

"Article 17.
1. Fertilizer types subject to field trials include:
a) Fertilizer types not listed in the fertilizer list; fertilizer types not covered by Article 18 of Decree No. 113/2003/NĐ-CP dated October 7, 2003, of the Government on the management of fertilizer production and business;
b) Fertilizer types listed in the fertilizer list but have changed in composition, with main nutrient contents lower than the prescribed levels by the Ministry of Agriculture and Rural Development.
2. The Ministry of Agriculture and Rural Development shall prescribe conditions, procedures, and regulations for fertilizer field trials.

7. Article 19 shall be amended and supplemented as follows:

"Article 19.
1. Recognition of fertilizers
a) Fertilizer types subject to field trials and having completed field trials, reviewed and recommended for recognition to be added to the fertilizer list by the specialized scientific council of the Ministry of Agriculture and Rural Development.
b) Newly recognized fertilizers must have names consistent with the provisions of Clause 2 of this Article and related documents.
c) The Ministry of Agriculture and Rural Development shall prescribe conditions and procedures for recognizing new fertilizers.
2. Naming and renaming fertilizers
a) Each fertilizer type included in the fertilizer list must have a unique name consistent with the provisions of Decree No. 89/2006/NĐ-CP dated August 30, 2006, on product labeling and this Decree.
b) The following naming styles are not accepted:

- Consisting solely of numbers;

- Violating social ethics;

- Confusingly similar to trademarked fertilizer product names currently protected;

- Causing misunderstanding about the nature and function of the fertilizer.

- Fertilizers produced for circulation in Vietnam but named only in foreign languages, except for fertilizers produced in Vietnam under foreign contracts or for export abroad.
c) For imported fertilizers named in foreign languages accompanied by Vietnamese names, the Vietnamese name must comply with the provisions of points a, b of this clause.
d) Organizations and individuals may change the name of fertilizers during production if they meet the conditions stipulated in point đ of this clause.
đ) Conditions for renaming fertilizers:

- Applies to fertilizers when implementing transfer agreements;

- Renaming fertilizers must comply with the provisions of points a, b, Clause 2 of this Article.
e) The Ministry of Agriculture and Rural Development shall prescribe conditions, procedures, and formalities for naming and renaming fertilizers.

8. Article 21 is amended and supplemented as follows:

"Article 21. The Ministry of Agriculture and Rural Development is responsible for:
1. Leading and coordinating with the Ministry of Industry and Trade and relevant ministries and sectors to develop plans and policies, forecast demand, and guide the use of fertilizer types and production of fertilizer types excluding inorganic fertilizer production.
2. Drafting, issuing, or submitting to competent authorities for issuance and implementation of regulatory documents, technical standards, and policies on the use of fertilizer types and production of fertilizer types excluding inorganic fertilizer production.
3. Organizing field trials and recognizing new fertilizers.
4. Prescribing naming and renaming rules for new fertilizers.
5. Prescribing regulations on the examination and recognition of testing laboratories, inspectors, and sample collectors for fertilizers.
6. Collecting and managing information and materials on fertilizers.
7. Cooperating with ministries and sectors in organizing research and applying advanced science and technology to activities related to the use of fertilizer types and production of fertilizer types excluding inorganic fertilizer production.
8. Inspecting, auditing, and handling violations concerning quality in fertilizer production and use; excluding inorganic fertilizer production.
9. Promoting and disseminating knowledge and experience on fertilizer production and use.

10. International cooperation in the field of using fertilizers and producing organic fertilizers, except for the production of inorganic fertilizers.

9. Article 22 shall be amended and supplemented as follows:

"Article 22. The Ministry of Industry and Trade shall have the responsibility:
1. To take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to develop plans and policies on the production of inorganic fertilizers.
2. To draft, issue, or submit to competent authorities for issuance and implementation of regulatory legal documents, technical standards, and supportive policies for the development of inorganic fertilizer production.
3. To collect and manage information and materials related to inorganic fertilizer production;
4. To organize research and apply advanced science and technology to activities within the field of inorganic fertilizer production.
5. To disseminate knowledge and experience regarding inorganic fertilizer production.
6. To inspect, audit, and handle violations in the production and business of inorganic fertilizers.
7. To engage in international cooperation in the field of inorganic fertilizer production.

10. Article 24 shall be amended and supplemented as follows:

"Article 24. Fees and charges for fertilizers
1. Organizations and individuals engaged in the production and business of fertilizers must pay fees and charges for testing, recognition, renaming new fertilizers, and quality inspection of fertilizers according to the provisions of the law on fees and charges.
2. The Ministry of Finance shall stipulate the levels of collection and payment of fees and charges in the fertilizer sector.

Article 2. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 3. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and organizations and individuals related to this matter shall be responsible for implementing this Decree.