Decree No. 202/2013/ND-CP on fertilizer management

DECREE

On fertilizer managementFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

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

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on fertilizer management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions for producing, trading, exporting, and importing fertilizers; managing quality, testing, field trials, naming fertilizers; responsibilities for state management of fertilizers.

Article 2. Applicability

This Decree applies to organizations and individuals producing, trading in fertilizers, and organizations and individuals engaged in activities related to the fertilizer sector in Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Fertilizer is a product with the function of providing nutrients for crops or having the effect of improving soil.

2. Inorganic fertilizer is a type of fertilizer produced from natural minerals or chemicals, containing one or more macronutrients, secondary nutrients, micronutrients, meeting the quality standards set out in national technical regulations, including:

a) Macronutrients include total nitrogen (N_{g) Other groups (organic pollutants): Surfactants, oil, grease, phenol, CN.}), available phosphorus (P₂O_5hh), available potassium (K₂O_{(where V}) in forms that plants can easily absorb;

b) Secondary nutrients include calcium (Ca), magnesium (Mg), sulfur (S), available silicon (SiO_2hh) in forms that plants can easily absorb;

c) Micronutrients include boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), zinc (Zn) in forms that plants can easily absorb.

3. Organic fertilizer is a type of fertilizer produced from organic raw materials, meeting the quality standards set out in national technical regulations.

4. Other fertilizers are mixtures of organic and inorganic fertilizers or other types of fertilizers not included in the provisions of Clause 2 and Clause 3 of Article 3 of this Decree.

Article 4. Responsibilities for State Management of Fertilizers

1. The Government uniformly manages state affairs concerning fertilizers.

2. The Ministry of Industry and Trade is responsible before the Government for implementing state management of fertilizers.

The Ministry of Industry and Trade takes the lead and coordinates with relevant ministries and sectors to implement the following contents regarding fertilizer management:

a) Submitting to the Government for issuance of legal normative documents on fertilizer management, strategies, plans, programs, and policies for fertilizer development; export and import of fertilizers;

b) Issuing legal normative documents guiding inorganic fertilizers as provided for in Clause 2 of Article 3 of this Decree within its authority; establishing technical standards and regulations on inorganic fertilizers;

c) Managing production, trade, and quality of inorganic fertilizers;

d) Designating and managing the activities of fertilizer testing laboratories;

đ) Organizing research and application of science and technology in inorganic fertilizers; collecting and managing information and materials on inorganic fertilizers; international cooperation in the field of inorganic fertilizers;

e) Training, promoting, and disseminating legal normative documents on inorganic fertilizers;

g) Inspecting, supervising, handling complaints and denunciations, and dealing with violations concerning export, import, production, trade, and quality of inorganic fertilizers.

In cases where inspections and supervision involve organizations and individuals producing both inorganic and organic fertilizers and other fertilizers, the Ministry of Industry and Trade leads and coordinates with the Ministry of Agriculture and Rural Development to organize implementation.

3. The Ministry of Agriculture and Rural Development leads and coordinates with relevant ministries and sectors to implement the following contents regarding fertilizer management:

a) Issuing legal normative documents guiding organic fertilizers and other fertilizers as provided for in Clause 3 and Clause 4 of Article 3 of this Decree within its authority; establishing technical standards and regulations on organic fertilizers and other fertilizers;

b) Managing production, trade, and quality of organic fertilizers and other fertilizers;

c) Designating and managing the activities of fertilizer testing laboratories for organic fertilizers and other fertilizers;

d) Organizing training and issuing certificates for sampling personnel in the field of fertilizers;

đ) Implementing agricultural extension services, disseminating knowledge and experience, and guiding the use of fertilizers;

e) Organizing research and application of science and technology; collecting and managing information and materials on organic fertilizers and other fertilizers; training, promoting, and disseminating legal normative documents on organic fertilizers and other fertilizers; international cooperation in the field of organic fertilizers and other fertilizers;

g) Inspecting, supervising, handling complaints and denunciations, and dealing with violations concerning the use of fertilizers; production, trade, and quality of organic fertilizers and other fertilizers.

4. Responsibilities of Relevant Ministries and Sectors

a) The Ministry of Science and Technology appraises and publishes national standards on fertilizers, appraises technical regulations on fertilizers; cooperates with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in organizing scientific research, applying and transferring technology, establishing national standards, technical regulations, and managing fertilizer quality, recognizing testing laboratories, and managing intellectual property rights in the field of fertilizers;

b) The Ministry of Planning and Investment cooperates with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in formulating programs, plans, mechanisms, and policies for fertilizer production and trade; inspecting, supervising, handling complaints and denunciations, and dealing with violations in investment activities in fertilizer production and trade;

c) The Ministry of Natural Resources and Environment cooperates with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in formulating programs, plans, mechanisms, and policies for environmental protection in fertilizer production and trade, quality management, and use.

5. Responsibilities of People's Committees at all levels

a) Directing and guiding effective fertilizer use without causing environmental pollution;

b) Issuing support policies for fertilizer production, trade, and use in their respective areas;

c) Promoting and disseminating laws, providing information on fertilizer quality to organizations and individuals involved in fertilizer production, trade, and consumers;

d) Inspecting, supervising, and dealing with administrative violations in the fertilizer sector under their jurisdiction as prescribed by law;

đ) Cooperating with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in inspecting, supervising, handling complaints and denunciations, and dealing with violations in investment activities in fertilizer production and trade under their jurisdiction.

Article 5. Responsibilities of organizations and individuals producing, trading, exporting, and importing fertilizers

1. Organizations and individuals producing fertilizers

a) Must meet the conditions for fertilizer production stipulated in Article 8 of this Decree before being granted a Fertilizer Production Permit and only commence fertilizer production after obtaining permission from the competent authority;

b) Comply with the contents of the issued Fertilizer Production Permit, the regulations on fertilizer production set forth in this Decree, and relevant laws;

c) Implement conformity declarations and compliance declarations regarding fertilizers in accordance with the provisions of the law on standards and technical regulations;

d) Record and retain production logs for at least two years; retain testing result files and samples of raw materials and finished products; store retained samples for six months from the date of sampling;

đ) Accurately display quality information on fertilizer labels, packaging, or accompanying documents in accordance with the provisions of the law on product labeling;

e) Recall and handle substandard fertilizers and compensate for damages caused to victims in accordance with the provisions of the law;

g) Report periodically every six months and annually; submit ad hoc reports when requested by the competent authority regarding activities related to fertilizers. The Minister of Industry and Trade shall specify the report format and specific submission deadlines for inorganic fertilizers; the Minister of Agriculture and Rural Development shall specify the report format and specific submission deadlines for organic fertilizers and other types of fertilizers;

In cases where organizations and individuals produce both inorganic and organic fertilizers and other types of fertilizers, reports shall be submitted to both the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development;

h) Adhere to inspections and audits conducted by the competent authority; comply with regulations on the production and trade of other goods as stipulated by relevant laws;

2. Organizations and individuals trading in fertilizers

a) Adhere to the conditions for fertilizer trading stipulated in Article 15 of this Decree. During trading, if they fail to meet the conditions stipulated in Article 15 of this Decree, their fertilizer trading will be suspended until all conditions are met;

b) Apply measures to control fertilizer quality as prescribed to maintain the quality of fertilizers traded;

c) Verify the origin of fertilizers, fertilizer labels, conformity marks, and other documents related to fertilizer quality;

d) Adhere to inspections and audits conducted by the competent authority regarding the implementation of trading conditions for fertilizers as stipulated in this Decree and relevant laws;

3. Organizations and individuals exporting and importing fertilizers

a) Adhere to the conditions for exporting and importing fertilizers stipulated in Articles 16 and 17 of this Decree;

b) Adhere to the provisions on product quality as stipulated by the law on product quality;

c) Adhere to inspections and audits conducted by the competent authority; comply with regulations on the export and import of other goods as stipulated by relevant laws;

Article 6. Prohibited Acts

1. Producing fertilizers without a Fertilizer Production Permit.

2. Producing, trading, exporting, or importing counterfeit fertilizers or fertilizers that have been banned for use.

3. Producing, trading, exporting, importing, exchanging, or marketing fertilizers that do not meet national technical standards or trading expired fertilizers.

4. Exporting, importing, or trading fertilizers without valid invoices or certificates proving the place of production, export, import, or supply of the traded fertilizer.

5. Intentionally providing false or fraudulent test results, inspection, appraisal, or certification of fertilizer quality.

6. Counterfeiting or improperly using conformity marks or other deceptive practices regarding fertilizer quality.

7. Substituting, swapping, adding, or removing components or additives, mixing impurities to reduce the quality of fertilizers below the declared standard or corresponding technical regulations.

8. Providing false or misleading information or advertising about fertilizer quality, origin, or source.

9. Concealing information about the potential danger of fertilizers to human health and the environment.

10. Misusing positions, powers, or state management activities to illegally obstruct, cause inconvenience, or harass the production, trading, export, or import activities of organizations or individuals, or cover up violations of the law in the fertilizer sector.

Article 7. Application of Law

1. Management of fertilizers must comply with the provisions of this Decree and other relevant laws.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, the provisions of the international treaty shall apply.

Chapter II

CONDITIONS FOR PRODUCTION, BUSINESS OF EXPORTING AND IMPORTING FERTILIZERS

Section 1

CONDITIONS FOR PRODUCTION OF FERTILIZERS

Article 8. Conditions for fertilizer production

1. Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes the business activity of fertilizer production.

2. Meet requirements on material and technical infrastructure, including:

a) Location, area, factory buildings, storage facilities suitable for the production capacity of fertilizers;

b) Machinery, equipment, and technological processes appropriate to the production capacity and types of fertilizers produced;

c) Implementation and maintenance of a quality management system; having standards for raw materials that ensure product quality management conditions;

d) Having a testing and analysis laboratory or having an agreement with a designated or recognized testing and analysis organization that has registered its testing and analysis activities according to the laws on product and commodity quality for product quality management;

đ) Have a waste treatment system ensuring that waste treatment meets national technical standards and regulations on the environment;

e) Meeting all conditions related to fire prevention and explosion protection, environmental protection, safety, and labor hygiene as prescribed by relevant laws.

3. Requirements for human resources

a) A management, technical, and production operation team with expertise in chemistry, physics, or biology, where the General Director or Deputy General Director for Technology of the fertilizer production facility must have at least a bachelor's degree in their field;

b) Direct production workers must be trained and educated in fertilizer knowledge.

4. The Minister of Industry and Trade shall provide detailed guidance on the conditions for producing inorganic fertilizers as stipulated in Points a, b, c, and d of Clause 2 of this Article. The Minister of Agriculture and Rural Development shall provide detailed guidance on the conditions for producing organic fertilizers and other fertilizers as stipulated in Points a, b, c, and d of Clause 2 of this Article.

Article 9. Documents for Issuing a Production Permit for Fertilizers

1. The application for issuing a Production Permit for Fertilizers includes:

a) An application form for the permit as prescribed;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate;

c) Documents proving compliance with the conditions specified in Clause 2 and Clause 3 of Article 8 of this Decree.

2. The Minister of Industry and Trade shall specify the specific forms, documents, and evidence proving compliance with the conditions for producing inorganic fertilizers as stipulated in Clause 1 of this Article. The Minister of Agriculture and Rural Development shall specify the specific forms, documents, and evidence proving compliance with the conditions for producing organic fertilizers and other fertilizers as stipulated in Clause 1 of this Article.

Article 10. Procedures and Formalities for Issuing a Production Permit for Fertilizers

1. Organizations and individuals applying for a Production Permit for Fertilizers shall submit one set of documents to the competent licensing authority through postal service or direct submission.

2. Within twenty working days from the date of receipt of complete and valid documents as stipulated in Clause 1 of Article 9 of this Decree, the competent licensing authority shall be responsible for examining and approving the documents and issuing a Production Permit for Fertilizers to organizations and individuals meeting the conditions. In cases where a permit is not issued, the competent licensing authority must provide a written response stating the reasons.

Article 11. Contents of the Fertilizer Production Permit

1. The Fertilizer Production Permit shall include the following main contents:

a) Name and address of the headquarters of the fertilizer production facility;

b) Location of fertilizer production;

c) Type, capacity, variety, and list of fertilizers produced;

d) Obligations of the entity granted the Permit.

2. The Minister of Industry and Trade shall specify the model of the Inorganic Fertilizer Production Permit; the Minister of Agriculture and Rural Development shall specify the model of the Organic Fertilizer Production Permit and other types of fertilizer permits.

Article 12. Procedures and formalities for reissuing and amending the Fertilizer Production Permit

1. The Permit shall be reissued in cases of loss, errors, or damage.

2. The Permit shall be amended in cases where:

a) There are changes to business registration, location, operating conditions, or information related to the organization or individual applying for the permit;

b) There are changes to capacity, variety, name of fertilizer, or if a fertilizer has been removed from the market.

3. Documents for requesting reissuance or amendment of the Fertilizer Production Permit

a) A request form for reissuance or amendment of the Fertilizer Production Permit (specifying the reasons) according to the prescribed model;

b) Documents confirming the changed content and evidence proving compliance with the production conditions stipulated in Clause 2 of Article 8 of this Decree. This provision applies to cases of amending the Permit;

c) The Fertilizer Production Permit (except in cases of loss or misplacement of the Permit).

4. Within ten working days from the date of receipt of complete and valid documents as stipulated in Clause 3 of this Article, the competent authority issuing the permit shall be responsible for reviewing the documents and reissuing or amending the Fertilizer Production Permit for organizations and individuals meeting the conditions according to the prescribed model. If not reissued, the competent authority issuing the permit must provide a written response specifying the reasons.

5. The Minister of Industry and Trade shall specify the models of the application forms and the Inorganic Fertilizer Production Permit for reissuance or amendment. The Minister of Agriculture and Rural Development shall specify the models of the application forms and the Organic Fertilizer Production Permit and other types of fertilizer permits for reissuance or amendment.

Article 13. Revocation of the Fertilizer Production Permit

1. Cases requiring revocation

a) Failure to meet the production conditions for fertilizers stipulated in Article 8 of this Decree;

b) Unauthorized alteration or correction of the content of the Permit;

c) Use of false documents or provision of inaccurate information in the application documents;

d) Organizations or individuals not engaging in fertilizer production for a period of six months from the date of issuance of the Permit;

e) Organizations or individuals granted the Fertilizer Production Permit ceasing operations or going bankrupt.

2. The competent authority issuing the permit shall carry out the revocation of the issued Permit. Organizations or individuals whose Permit is revoked shall be responsible for submitting the current Permit to the issuing authority within seven days from the date of the revocation decision.

Article 14. Issuing Authority

The Ministry of Industry and Trade issues the Inorganic Fertilizer Production Permit; the Ministry of Agriculture and Rural Development issues the Organic Fertilizer Production Permit and other types of fertilizer permits. In cases where an organization or individual produces both inorganic and organic fertilizers, the Ministry of Industry and Trade shall be the lead agency receiving applications and coordinating with the Ministry of Agriculture and Rural Development to issue the permits.

Section 2

RULES ON BUSINESS CONDITIONS FOR THE DISTRIBUTION, EXPORT AND IMPORT OF FERTILIZERS

Article 15. Business Conditions for Fertilizers

1. Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the business activity of fertilizer trading issued by the competent authority.

2. Have a store or business location where the displayed fertilizers must be stored to maintain their quality in accordance with the laws on product and commodity quality.

3. Containers and equipment for storing and keeping fertilizers must ensure quality and environmental hygiene; have appropriate transportation means or enter into transportation contracts for fertilizers.

4. Have storage facilities or enter into storage facility rental contracts specifically for fertilizers, meeting the conditions for preserving fertilizer quality during business operations. For retail fertilizer stores, if there is no storage facility, they must have containers and equipment for storing and keeping fertilizers.

5. Possess legitimate documentation proving the origin of production, importation, or supply of the traded fertilizer type.

6. Meet all conditions regarding fire prevention and explosion control, environmental protection, safety, and labor hygiene as stipulated by law.

7. The Minister of Industry and Trade shall provide detailed guidance on the business conditions for inorganic fertilizers specified in Clauses 2, 3, 4, and 5 of this Article. The Minister of Agriculture and Rural Development shall provide detailed guidance on the business conditions for organic fertilizers and other types of fertilizers specified in Clauses 2, 3, 4, and 5 of this Article.

8. In cases where organizations or individuals engage in both inorganic and organic fertilizer trading and other types of fertilizer trading, they must comply with the business conditions set out in this Article and the guidance provided by the Minister of Industry and Trade and the Minister of Agriculture and Rural Development.

Article 16. Export Conditions for Fertilizers

1. Organizations and individuals producing, trading in fertilizers, and those involved in activities related to the fertilizer sector may export fertilizers when they meet the following conditions:

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the business activity of fertilizer trading issued by the competent authority;

b) Implement national technical standards applicable during production or apply quality management systems to ensure the quality of products produced for export;

c) Exported fertilizers must comply with the regulations of the importing country, contracts, international treaties, and mutual recognition agreements on conformity assessment results with relevant countries or territories.

2. The Minister of Industry and Trade shall provide specific guidance on the documents and materials that organizations and individuals exporting inorganic fertilizers must present to Customs Authorities as the basis for customs procedures. The Minister of Agriculture and Rural Development shall provide specific guidance on the documents and materials that organizations and individuals exporting organic fertilizers and other types of fertilizers must present to Customs Authorities as the basis for customs procedures.

Article 17. Import Conditions for Fertilizers

1. Organizations and individuals may import fertilizers when they meet the following conditions:

a) Possess a Business Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the business activity of fertilizer trading issued by the competent authority;

b) Possess a Conformity Assessment Certificate for imported fertilizer batches issued by designated certification organizations;

c) Imported fertilizer types must have product labels in compliance with the laws on product labeling, meeting the requirements of the laws on product and commodity quality, and ensuring environmental protection.

2. The Minister of Industry and Trade shall provide specific guidance on the documents and materials that organizations and individuals importing inorganic fertilizers must present to Customs Authorities as the basis for customs procedures. The Minister of Agriculture and Rural Development shall provide specific guidance on the documents and materials that organizations and individuals importing organic fertilizers and other types of fertilizers must present to Customs Authorities as the basis for customs procedures.

Chapter III

QUALITY MANAGEMENT, TESTING, TRIALING

AND NAMING OF FERTILIZERS

Article 18. Management of fertilizer quality

1. Fertilizers listed in the product and goods category 2 shall be managed for quality in accordance with the provisions of the law on product and goods quality, national technical regulations issued by competent authorities, and standards announced and applied by the producer.

2. For fertilizers that do not have national technical regulations on quality as stipulated in Clause 1 of this Article, when produced or imported, the product label must clearly state "sample" or "research or trial product," and they shall not be traded.

3. The Ministry of Industry and Trade shall establish national technical regulations on the quality of inorganic fertilizers; specify the procedures for announcing conformity for domestically produced and imported inorganic fertilizers; compile and announce a list of inorganic fertilizers that have been announced as conforming.

The Ministry of Agriculture and Rural Development shall establish national technical regulations on the quality of organic fertilizers and other fertilizers; specify the procedures for announcing conformity for domestically produced and imported organic fertilizers and other fertilizers; compile and announce a list of organic fertilizers and other fertilizers that have been announced as conforming; specify production and import quotas for the types of fertilizers for trial as stipulated in Clause 2 of this Article.

Article 19. Sampling and Testing of Fertilizers

1. Sampling of fertilizers

a) Sampling of fertilizers for quality testing must be carried out by individuals holding a training certificate for fertilizer sampling.

b) The sampling method shall be implemented according to national technical regulations or national standards on fertilizer sampling.

c) For fertilizers that do not have national technical regulations or national standards on sampling methods, the organizations or individuals producing or importing such fertilizers must self-declare the sampling method for these fertilizers.

2. Quality Testing

a) Quality testing of fertilizers to assess conformity or for state management purposes must be conducted by laboratories recognized or designated to perform such tasks.

b) Quality indicators shall be analyzed using test methods specified in national technical regulations or corresponding national standards.

c) For quality indicators without specified test methods in national technical regulations or national standards, the test methods declared by the organizations or individuals producing or importing fertilizers shall be followed. Organizations or individuals producing or importing fertilizers must self-declare test methods for quality indicators of fertilizers they produce or import.

3. The Minister of Industry and Trade shall stipulate: Recognition, designation, and management of laboratory activities; tolerance limits for each quality indicator test; resolution of complaints regarding differences in quality testing results between laboratories or designated quality certification organizations and the designation of laboratories to verify the quality of inorganic fertilizers.

The Minister of Agriculture and Rural Development shall stipulate: Training organization, issuance of certificates, and management of sampling personnel for fertilizers; recognition, designation, and management of laboratory activities; tolerance limits for each quality indicator test; resolution of complaints regarding differences in quality testing results between laboratories or designated quality certification organizations and the designation of laboratories to verify the quality of organic fertilizers and other fertilizers.

Article 20. Fertilizer Testing

1. Organizations and individuals with sufficient conditions may organize testing themselves or contract with organizations having sufficient conditions to conduct testing according to regulations and bear responsibility for the testing results.

2. Fertilizers not listed in the Catalogue of Permitted Fertilizers for Production, Business, and Use in Vietnam prior to the effectiveness of this Decree must be tested before being announced as conforming to standards.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations on fertilizer testing and issue testing standards for fertilizers.

Article 21. Naming Fertilizers

1. The name of fertilizers must comply with current laws regarding product labeling.

2. It is prohibited to name fertilizers: Contrary to social ethics; consisting solely of numbers; identical or similar enough to cause confusion with registered brand names of fertilizers; causing confusion about the nature or function of the fertilizer.

Chapter IV

IMPLEMENTING PROVISIONS

Article 22. Transitional provisions

1. Within two years from the date this Decree takes effect, organizations and individuals currently producing and trading fertilizers that have not yet met the production and business conditions stipulated in this Decree must supplement the necessary conditions. In cases where organizations and individuals fail to meet the conditions for producing and trading fertilizers, they must suspend operations until such conditions are met.

2. For fertilizers listed in the Catalogue of Permitted Fertilizers for Production, Business, and Use in Vietnam prior to the effectiveness of this Decree, within one year from the date this Decree takes effect, organizations and individuals producing and importing fertilizers must announce conformity of quality for the types of fertilizers they are currently producing and trading.

3. For fertilizers undergoing testing prior to the effectiveness of this Decree, organizations and individuals contracting with organizations having sufficient conditions for fertilizer testing must conduct testing to develop usage guidelines and safety warnings before commencing production and trade.

Article 23. Effectiveness of Implementation

1. This Decree takes effect from February 1, 2014.

2. This Decree replaces Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on the management of fertilizer production and trade and Decree No. 191/2007/NĐ-CP dated December 31, 2007 of the Government amending and supplementing certain articles of Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on the management of fertilizer production and trade.

Article 24. Implementation Organization

1. The Minister of Industry and Trade, the Minister of Agriculture and Rural Development shall specify and guide the implementation of the provisions assigned in this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals are responsible for implementing this Decree./.