Circular No. 20/2014/TT-BNNPTNT stipulates certain contents regarding the division of responsibilities and management authority for agricultural inputs.

CIRCULAR

Provisions on certain contents regarding the division of responsibilities and management authority for agricultural materials

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Pursuant to the Fisheries Law 2003;

Based on Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain provisions of the Law on Standards and Technical Regulations;

Based on the Plant Protection and Quarantine Ordinance 2001;

Based on the Livestock Breed Ordinance 2004;

Based on the Crop Seed Ordinance 2004;

Based on the Veterinary Ordinance 2004;

Based on Decree No. 08/2010/NĐ-CP dated February 5, 2010 on animal feed management;

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of the Legal Department;

The Minister of Agriculture and Rural Development issues this Circular to provide certain provisions on the division of responsibilities and management authority for agricultural materials.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular provides certain provisions on the division of responsibilities and management authority for agricultural materials related to the recognition of facilities meeting the conditions for testing and trial; testing, trial, inspection, recognition, registration for circulation of agricultural materials in Vietnam under the responsibility of state management of the Ministry of Agriculture and Rural Development.

Article 2. Agricultural materials referred to in this Circular include:

a) Livestock breeds (including livestock breeds and aquaculture breeds);

b) Crop seeds (including major crop seeds and forestry seeds);

c) Animal feed (including animal feed, growth promoters used in animal husbandry and aquaculture feed);

d) Products for treating and improving the environment used in aquaculture;

đ) Plant protection chemicals, including plant growth regulators;

e) Veterinary drugs.

Article 2. Applicability

This Circular applies to organizations and individuals involved in activities related to the recognition of facilities meeting the conditions for testing and trial; testing, trial, inspection, recognition, and registration for circulation of agricultural materials in Vietnam.

Article 3. Implementation of legal provisions on intellectual property rights

The specialized management agencies for agricultural materials as stipulated in Article 4 of this Circular shall be responsible for inspecting and monitoring the implementation of legal provisions on intellectual property rights during the process of examining, recognizing, and allowing registration for circulation of agricultural materials in Vietnam.

Chapter II

PROVISIONS ON THE DIVISION OF RESPONSIBILITIES AND MANAGEMENT AUTHORITY FOR AGRICULTURAL MATERIALS

Article 4. Division of specialized management agencies for agricultural materials

The specialized management agency responsible for testing, trial, inspection, recognition, and registration for circulation of agricultural materials in Vietnam is divided as follows:

1. The Fisheries General Department receives, reviews, and processes files on aquaculture breeds, aquaculture feed, and products for treating and improving the environment used in aquaculture;

2. The Forestry General Department receives, reviews, and processes files on forestry seeds;

3. The Livestock Production Department receives, reviews, and processes files on livestock breeds, animal feed, including growth promoters used in animal husbandry;

4. The Crop Production Department receives, reviews, and processes files on major crop seeds;

5. The Plant Protection Department receives, reviews, and processes files on plant protection chemicals, including plant growth regulators;

6. The Veterinary Department receives, reviews, and processes files on veterinary drugs.

Article 5. Authority to recognize facilities meeting the conditions for testing and trial of agricultural materials

Clause 1. The specialized management agencies as stipulated in Article 4 of this Circular shall be responsible for:

a) Receiving files, organizing reviews, and evaluating facilities meeting the conditions for testing and trial of agricultural materials;

b) Submitting to the Minister for comments on the recognition of facilities meeting the conditions for testing and trial of agricultural materials;

c) Issuing a Decision to recognize facilities meeting the conditions for testing and trial of agricultural materials after approval by the Minister;

d) Inspecting and supervising the operations of testing and trial facilities.

Clause 2. The Science, Technology and Environment Department shall take the lead and coordinate with the Legal Affairs Department to review files submitted by specialized management agencies to the Minister.

Clause 3. Contents of the review of files submitted to the Minister:

a) Completeness and validity of the files;

b) Implementation of the recognition procedures for testing and trial facilities.

Clause 4. Components of the files submitted to the Minister:

a) A report to the Minister, specifying: necessity; implementation process; summary of the results of the evaluation of facilities meeting the conditions for testing and trial of agricultural materials; specific assessment and recommendations for each case of recognition of facilities meeting the conditions for testing and trial of agricultural materials;

b) List of testing and trial facilities that have been reviewed, evaluated, and recommended for recognition by specialized management agencies;

c) Report of the inspection and evaluation team;

d) Registration file for recognition of facilities meeting the conditions for testing and trial;

đ) Draft Decision on recognition of facilities meeting the conditions for testing and trial.

Article 6. Competence to approve trials and tests of agricultural materials, except for major food crop seeds and forestry seeds

1. The specialized management agency shall be responsible for:

a) Receiving applications, organizing the examination of registration files for trials and tests of agricultural materials that require such trials and tests;

b) Submitting to the Minister for comments on the approval of trials and tests of agricultural materials;

c) Issuing a Decision approving trials and tests or a Trial Permit after receiving the Minister's approval.

Clause 2. The Science, Technology and Environment Department shall take the lead and coordinate with the Legal Affairs Department to review files submitted by specialized management agencies to the Minister.

Clause 3. Contents of the review of files submitted to the Minister:

a) Completeness and validity of the files;

b) Implementation of the procedure for approving trials and tests.

Clause 4. Components of the files submitted to the Minister:

a) A report to the Minister, clearly stating: necessity; implementation process; summary of the results of the examination of the trial and test outline or technical assessment according to national technical standards (if applicable); specific evaluation and recommendations for each application for trials and tests of agricultural materials;

b) An examination report from the specialized management agency;

c) Application files for permit issuance and registration for trials and tests from the entity;

d) Draft Decision approving trials and tests or Trial Permit.

5. The specialized management agency shall guide, inspect, and supervise the trials and tests of agricultural materials.

6. The specialized management agency shall develop and submit for promulgation National Technical Regulations on trials and tests of agricultural materials. Based on the National Technical Regulations on trials and tests, the head of the specialized management agency shall approve the trial outlines and organize supervision of the trial and testing processes. In cases where there are no National Technical Regulations, the head of the specialized management agency shall guide the development and approval of trial and testing outlines based on the opinions of the Department of Science, Technology, and Environment and the specialized scientific council or advisory council (hereinafter referred to as the Council).

Article 7. Competence to recognize and register for circulation of agricultural materials

1. For cases requiring trials and tests:

The head of the specialized management agency shall be responsible for:

a) Receiving applications, organizing the examination of application files and the results of trials and tests in accordance with current laws;

b) Organizing a Council to evaluate the results of trials and tests;

c) Considering the opinion of the specialized scientific council;

d) Submitting to the Minister for comments on the recognition and registration for circulation of agricultural materials;

đ) Issuing a Decision recognizing or a Certificate of Registration or a Certificate of Circulation of new agricultural materials after receiving the Minister's approval.

2. For cases not requiring trials and tests:

The head of the specialized management agency shall be responsible for:

a) Supervising the inspection process;

b) Examining the registration files for circulation of agricultural materials in accordance with current laws;

c) Submitting to the Minister for comments on the approval of registration for circulation of agricultural materials;

d) Issuing a Decision recognizing or a Certificate of Circulation of agricultural materials after receiving the Minister's approval.

3. The Department of Science, Technology, and Environment shall take the lead and coordinate with the Legal Affairs Department to review the files submitted by specialized management agencies to the Minister as stipulated in point d clause 1, point c clause 2 of this Article.

4. Contents of the file review submitted to the Minister:

a) Completeness and validity of the files;

b) Implementation of the procedure for recognizing agricultural materials.

5. Components of the documents to be submitted to the Minister:

a) A report to the Minister, clearly stating: necessity; implementation process; summary of the results of trials and tests; specific evaluation and recommendations for each type of agricultural material;

b) List of agricultural materials that have been examined, evaluated, and recommended for recognition by the specialized management agency;

c) Minutes of the Council meeting for products requiring trials and tests;

d) Examination report from the specialized management agency;

đ) Application files for recognition or registration certificate files for agricultural materials;

e) Draft Decision recognizing and registering for circulation of agricultural materials.

Article 8. Issuance of the List of Agricultural Inputs Allowed to Circulate in Vietnam

1. Annually in the first quarter, specialized management agencies shall review and submit to the Minister for issuance of the List of Agricultural Inputs Allowed to Circulate in Vietnam according to their assigned functions and tasks.

2. Quarterly, specialized management units shall compile and submit to the Minister for issuance of Circulars amending and supplementing the List of Agricultural Inputs Allowed to Circulate in Vietnam.

Article 9. Removal from the List of Agricultural Inputs Allowed to Circulate in Vietnam

1. Removal from the List of Agricultural Inputs Allowed to Circulate in Vietnam includes:

a) Products containing prohibited active ingredients as stipulated by current regulations of the Ministry of Agriculture and Rural Development;

b) Products causing harm to production, environment, food safety, and human health as reassessed by the Evaluation Council according to regulations;

c) Products circulating but not conforming to international standards to which Vietnam is a member;

d) Certificates or Decisions recognizing products that have expired but the entity has not re-registered for circulation;

đ) Products registered for circulation but the production or business entity has ceased operations;

e) Products infringing on industrial property rights of registered products;

g) Products withdrawn from circulation certificates in the exporting country.

2. Based on the cases specified in Clause 1 of this Article, specialized management agencies shall compile and submit to the Minister for decision on removing agricultural inputs from the List of Agricultural Inputs Allowed to Circulate in Vietnam.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

1. This Circular takes effect from August 11, 2014.

2. This Circular abolishes the following provisions:

a) Clause 2, Article 5 of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011, issued by the Minister of Agriculture and Rural Development detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010, of the Government on the management of animal feed;

b) Article 15 of Decision No. 10/2006/QĐ-BNN dated February 10, 2006, issued by the Minister of Agriculture and Rural Development on procedures for registering production, importation, and circulation of veterinary drugs, raw materials for veterinary drugs, biological preparations, microorganisms, and chemicals used in veterinary medicine;

c) Point c, Clause 4, Article 7 of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013, issued by the Minister of Agriculture and Rural Development on the management of plant protection products;

Article 11. Responsibility for Implementation

1. Units under the Ministry and related organizations and individuals are responsible for implementing this Circular.

2. During the implementation of this Circular, if there are difficulties or obstacles, agencies, units, organizations, and individuals shall report to the Ministry of Agriculture and Rural Development for compilation and submission to the Minister for consideration and decision./.