Circular No. 29/2014/TT-BCT provides detailed regulations and guidance on certain provisions regarding inorganic fertilizers, guiding the issuance of permits for the simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers as stipulated in Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management.

CIRCULAR

Specifies in detail and guides the implementation of certain provisions on inorganic fertilizers, guiding the issuance of permits for the simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers as stipulated in Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management.

The Minister of Industry and Trade issues this Circular to specify in detail and guide the implementation of certain provisions on inorganic fertilizers; guide the issuance of permits for the simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers as stipulated in Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management.

This Circular guides the implementation and specifies in detail:

______________________

Pursuant to Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on fertilizer management;

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Director of the Chemicals Administration;

a) Guidelines for implementing the conditions for producing inorganic fertilizers; guidelines for issuing permits for inorganic fertilizers, issuing permits for the simultaneous production of inorganic fertilizers and organic fertilizers and other fertilizers; business conditions for inorganic fertilizers; export and import documents for inorganic fertilizers;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

b) Specific forms of applications, documents, and materials meeting the conditions for producing inorganic fertilizers; application forms and Inorganic Fertilizer Production Permit forms requesting reissue or modification; conformity declaration for produced, imported, compounded, and published lists of inorganic fertilizers that have been declared conforming; designation and management of activities of testing laboratories, certification, and inspection of inorganic fertilizers; responsibilities for managing, inspecting, supervising, and handling violations related to the production, business, and quality of inorganic fertilizers.

Activities involving transshipment, trade in transit, temporary import for re-export, and temporary export for re-import of inorganic fertilizers shall be carried out in accordance with the provisions of the Law on Trade and detailed implementing regulations of the Law on Trade and are not within the scope of adjustment of this Circular.

This Circular applies to organizations and individuals engaged in the production, business, export, import, testing, certification, and inspection of the quality of inorganic fertilizers; organizations and individuals producing inorganic fertilizers simultaneously with organic fertilizers and other fertilizers; and other organizations and individuals involved in activities related to the fertilizer sector in Vietnam.

Root fertilizers

Article 2. Applicability

are types of fertilizers applied directly to the soil or water to provide nutrients to plants through their roots.

Article 3. Explanation of Terms

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

1. Leaf fertilizers are types of fertilizers used for irrigation or spraying directly onto the leaves or stems of plants.

2. Major nutrients are nutrients in a form that plants can easily absorb: Nitrogen (N), expressed as total nitrogen; Phosphorus (P), expressed as effective phosphorus; and Potassium (K), expressed as effective potassium oxide.

3. Secondary nutrients are nutrients in a form that plants can easily absorb: Calcium (expressed as Ca or CaO), Magnesium (expressed as Mg or MgO), Sulfur (expressed as S), and Silicon (expressed as Si or SiO₂O₅ Trace elements₂are nutrients in a form that plants can easily absorb: Boron (expressed as B), Cobalt (expressed as Co), Copper (expressed as Cu or CuO), Iron (expressed as Fe), Manganese (expressed as Mn or MnO), Molybdenum (expressed as Mo), and Zinc (expressed as Zn or ZnO).

4. A batch of fertilizers is a collection of fertilizers with a defined quantity, having the same name, brand, trademark, packaging, and technical characteristics produced by the same entity and belonging to the same export or import dossier.₂).

5. Inorganic fertilizer activities refer to the implementation of one or more of the following activities: producing inorganic fertilizers, trading, exporting, importing inorganic fertilizers; producing inorganic fertilizers simultaneously with organic fertilizers and other fertilizers.

6. is a certified copy or a copy stamped with confirmation from an organization or individual (in cases where the application is submitted via postal service), a photocopy accompanied by the original for comparison (in cases where the application is submitted in person), a scanned copy from the original (in cases where the application is submitted via electronic means). is a set of fertilizers with a defined quantity, having the same name, brand, trademark, packaging, and technical characteristics, produced by the same production facility and belonging to the same export or import dossier.

7. Inorganic fertilizer activities refers to the implementation of one or more of the following activities: producing inorganic fertilizers, trading, exporting, importing inorganic fertilizers; producing inorganic fertilizers simultaneously with organic fertilizers and other types of fertilizers.

8. Copy is a certified copy or a copy stamped with confirmation from an organization or individual (in cases where the application is submitted via postal service), a photocopy accompanied by the original for comparison (in cases where the application is submitted in person), or a scanned copy from the original (in cases where the application is submitted via electronic means).

Article 4. Types of Inorganic Fertilizers

1. Single high-analysis fertilizers, also known as single mineral fertilizers, include:

a) Nitrogen fertilizers: Containing only one major nutrient, which is nitrogen, in their main composition. Types of nitrogen fertilizers include urea, ammonium nitrate, ammonium sulfate, ammonium chloride, inorganic nitrate salts, cyanamide, and nitrogen-containing compounds with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents;

b) Phosphate fertilizers: Containing only one major nutrient, which is phosphate, in their main composition. Types of phosphate fertilizers include rock phosphate, superphosphate, double superphosphate, enriched superphosphate, calcium phosphate, and phosphate-containing compounds with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents;

c) Potash fertilizers: Containing only one major nutrient, which is potash, in their main composition. Types of potash fertilizers include potassium chloride, potassium sulfate, potassium chlorate, and potash-containing compounds with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents.

2. Medium analysis fertilizers: Containing one or more medium nutrients in their main composition with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents.

3. Micronutrient fertilizers: Containing one or more micronutrients in their main composition with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents.

4. Compound fertilizers: Containing at least two major nutrients chemically bonded (such as diammonium phosphate (DAP), monoammonium phosphate (MAP), magnesium potassium sulfate, potassium nitrate, ammonium polyphosphate (APP), nitrophosphate, potassium dihydrogen phosphate...) with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents.

5. Mixed fertilizers: Produced by mixing two or more types of inorganic fertilizers specified in Clause 1, 2, 3, and 4 of this Article with or without added moisture-retaining agents, efficiency enhancers, growth regulators, plant immunity boosters, and anti-caking agents.

6. The inorganic fertilizers defined from Clause 1 to Clause 5 of this Article may contain organic fertilizer components less than 5%.

Chapter II

PRODUCTION, BUSINESS, EXPORT, AND IMPORT OF INORGANIC FERTILIZERS

Section 1

PRODUCTION OF INORGANIC FERTILIZERS

Article 5. Guidelines for Implementing Conditions for Producing Inorganic Fertilizers

The conditions for producing inorganic fertilizers stipulated in Points a, b, c, and d of Clause 2, Article 8 of Decree No. 202/2013/ND-CP dated November 27, 2013 of the Government on fertilizer management (hereinafter referred to as Decree No. 202/2013/ND-CP) shall be implemented as follows:

1. The area of land, factory buildings, raw material warehouses, and finished product warehouses must be commensurate with production capacity. The minimum production capacity of inorganic fertilizer manufacturing facilities is specified in Appendix 1 attached hereto.

2. Production lines must meet production capacity requirements, be mechanized, and ensure the quality of the produced fertilizer. Machinery and equipment for producing fertilizers must have clear and legal origins. Machinery and equipment with strict safety requirements and testing devices must be inspected, calibrated, and adjusted according to regulations.

3. The production technology process for each type of fertilizer must be compatible with machinery and equipment and production capacity.

4. The testing laboratory of the fertilizer manufacturing facility must be capable of analyzing quality indicators prescribed in national technical standards for output products and quality indicators prescribed in standards applicable to input materials to control product quality.

An inorganic fertilizer manufacturing facility without a testing laboratory or with a testing laboratory that cannot test all prescribed quality indicators in national technical standards must enter into a contract with a designated or recognized testing laboratory to control the quality of produced fertilizers.

5. Raw material warehouses and finished product warehouses must be commensurate with capacity and production capacity. Warehouses must have means to maintain fertilizer quality during storage. Fertilizers stored in warehouses must meet safety requirements for workers and goods. Fertilizer warehouses must have internal rules reflecting content on ensuring fertilizer quality and hygiene, and labor safety.

6. Organizations and individuals hiring other organizations or individuals to produce inorganic fertilizers must establish a written contract and comply with subject conditions as stipulated in Clause 1, Article 8 of Decree No. 202/2013/ND-CP. Organizations and individuals accepting contracts to produce inorganic fertilizers must comply with subject conditions as stipulated in Clause 1, Article 8 of Decree No. 202/2013/ND-CP and requirements regarding physical and technical infrastructure and technical documentation as stipulated from Clause 1 to Clause 5 of this Article. Organizations and individuals hiring other organizations or individuals to produce inorganic fertilizers must submit an application for an Inorganic Fertilizer Production Permit in accordance with Article 6 of this Circular.

Article 6. Procedures for Issuing a Permit to Produce Inorganic Fertilizers

1. Application Documents

a) An application form for issuing a permit to produce inorganic fertilizers according to the model prescribed in Appendix 2 attached hereto;

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

c) A description of the production process, technical infrastructure (factory buildings, warehouses), machinery and equipment (a list of machinery and equipment with their capacities corresponding to each production stage and scale; measuring and quality control equipment). A list of factory building area, warehouse area, office space, and auxiliary facilities;

d) A copy of the Decision approving the Environmental Impact Assessment Report or the certificate of environmental protection commitment registration issued by the competent authority;

đ) A copy of the Fire Prevention and Fighting Approval Certificate or a copy of the Decision approving the fire fighting plan issued by the competent authority;

e) A list of management, technical, and production staff. A statistical table of the total number of workers and the number of workers in each trade directly involved in fertilizer production according to the model prescribed in Appendix 3 attached hereto; A copy of the Work Permit for foreign workers (if applicable);

g) A copy of the testing contract with the designated testing organization (if applicable);

h) A copy of the announcement of standards applied to main raw materials and additives corresponding to each type of produced fertilizer (if applicable);

i) A copy of the Quality Management System Certification according to the standard TCVN ISO 9001:2008 or equivalent (if applicable);

k) Contract for outsourcing production (in cases where organizations or individuals hire other organizations or individuals to produce inorganic fertilizers);

2. Licensing Procedure

a) Organizations or individuals producing inorganic fertilizers shall prepare one (1) set of application documents including the papers and documents as stipulated in Clause 1 of this Article and send them to the Chemical Agency via postal service or deliver them directly;

b) Within no more than three (3) working days from the date of receipt of the application, the Chemical Agency must notify the organization or individual about the completeness and validity of the application and request the organization or individual to complete the application. The time for notification and completion of the application shall not be counted towards the licensing period specified in Point c of this Clause;

c) Within no more than twenty (20) working days from the date of receipt of a complete and valid application, the Chemical Agency shall be responsible for reviewing the application, inspecting actual conditions, and issuing a permit to produce inorganic fertilizers according to the model prescribed in Appendix 4 attached hereto to organizations or individuals meeting the requirements. In case of refusal to issue a permit, the Chemical Agency must provide a written response stating the reasons;

Article 7. Procedures for Reissuing a Permit to Produce Inorganic Fertilizers

1. In Case of Lost Permit

a) Organizations or individuals holding a permit to produce inorganic fertilizers, upon discovering the loss of the permit, must immediately report it to the issuing authority;

b) The Chemical Agency shall publish a notice regarding the lost permit on the Ministry of Industry and Trade's electronic portal within ten (10) working days;

c) Organizations or individuals shall submit an application for reissuing the permit according to the model prescribed in Appendix 5 attached hereto and send it to the Chemical Agency via postal service or deliver it directly;

d) Within ten (10) working days from the date of receipt of a complete and valid application, the Chemical Agency shall review and approve the reissuance of a permit to produce inorganic fertilizers according to the model prescribed in Appendix 4 attached hereto. In case of refusal to issue, the Chemical Agency must provide a written response stating the reasons;

2. In Case of Errors or Damage to the Permit

a) Organizations holding a permit to produce inorganic fertilizers, upon discovering errors or damage to the permit, shall prepare one (1) set of application documents for reissuing the permit and send it to the Chemical Agency via postal service or deliver it directly;

b) The application for reissuing the permit shall include an application for reissuing the permit according to the model prescribed in Appendix 5 attached hereto and the original permit to produce inorganic fertilizers that has errors or the remaining part of the damaged permit that can still be identified;

c) Within ten (10) working days from the date of receipt of a complete and valid application, the Chemical Agency shall review and approve the reissuance of a permit to produce inorganic fertilizers according to the model prescribed in Appendix 4 attached hereto. In case of refusal to issue, the Chemical Agency must provide a written response stating the reasons.

Article 8. Procedures for Amending the Organic Fertilizer Production Permit

1. Application Documents for Amending the Permit

a) An application form for amending the organic fertilizer production permit according to the model prescribed in Appendix 6 attached hereto;

b) The original organic fertilizer production permit that has been issued;

c) Documents proving that the amended production content meets the conditions for producing organic fertilizers.

2. Procedure for Amending the Permit

a) Organizations and individuals producing organic fertilizers shall prepare one set of application documents including the required papers and documents as stipulated in Clause 1 of this Article and send them to the Chemicals Agency via postal service or deliver them directly;

b) Within no more than three (3) working days from the date of receipt of the application, the Chemical Agency must notify the organization or individual about the completeness and validity of the application and request the organization or individual to complete the application. The time for notification and completion of the application shall not be counted towards the licensing period specified in Point c of this Clause;

c) Within ten working days from the date of receipt of complete and valid application documents, the Chemicals Agency shall be responsible for reviewing the application documents, inspecting actual conditions, and amending the organic fertilizer production permit for organizations and individuals meeting the conditions according to the model prescribed in Appendix 7 attached hereto. In case the permit is not amended, the Chemicals Agency must issue a written response stating the reasons.

Article 9. Procedures for Issuing a Permit for Producing Organic Fertilizers Simultaneously with Producing Organic Manures and Other Fertilizers

1. Application Documents

a) An application for issuing a permit for producing organic fertilizers simultaneously with producing organic manures and other fertilizers according to the model prescribed in Appendix 8 attached hereto;

b) Documents ensuring the conditions for producing organic fertilizers as stipulated in Clause 1 of Article 6 of this Circular;

c) Documents ensuring the conditions for producing organic manures and other fertilizers in accordance with the regulations of the Ministry of Agriculture and Rural Development.

2. Procedure for Issuing the Permit

a) Organizations and individuals producing organic fertilizers shall prepare one set of application documents including the required papers and documents as stipulated in Clause 1 of this Article and send them to the Ministry of Industry and Trade via postal service or deliver them directly;

b) Within no more than three working days from the date of receipt of the application for issuing the permit, the Ministry of Industry and Trade must notify the organization or individual about the completeness and validity of the application and request the organization or individual to complete the application. The time for notification and completion of the application shall not be counted towards the permit issuance period specified in Point c of this Clause;

c) The permit issuance period is twenty working days, specifically: The Ministry of Industry and Trade shall seek the opinion of the Ministry of Agriculture and Rural Development on the permit issuance application within seven working days. From the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall be responsible for reviewing the application, inspecting actual conditions, and issuing the permit for producing organic fertilizers simultaneously with producing organic manures and other fertilizers according to the model prescribed in Appendix 9 attached hereto. In case the permit is not issued, the Ministry of Industry and Trade must issue a written response stating the reasons.

3. Organizations and individuals who have already been granted a permit for producing organic fertilizers, during their operation if they need to supplement the production of organic manures and other fertilizers, must prepare an application for issuing a permit for producing organic manures and other fertilizers according to the regulations of the Ministry of Agriculture and Rural Development and may use the permit for producing organic fertilizers, the permit for producing organic manures and other fertilizers, without having to obtain a permit for producing organic fertilizers simultaneously with producing organic manures and other fertilizers. This provision also applies to cases where organizations and individuals who have been granted a permit for producing organic manures and other fertilizers wish to produce additional organic fertilizers.

Article 10. Procedure for Reissuing the Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers

1. In Case of Lost Permit

a) Organizations and individuals holding the Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers, upon discovering that the Permit has been lost, must immediately notify the issuing authority;

b) The Ministry of Industry and Trade shall inform the competent agency responsible for issuing the Permit for Producing Organic Fertilizers and Other Fertilizers under the Ministry of Agriculture and Rural Development and post a notice regarding the loss of the Permit on the Ministry of Industry and Trade's electronic portal within ten working days;

c) Organizations and individuals shall submit an application for reissuing the Permit according to the form prescribed in Appendix 10 attached to this Circular via postal service or direct submission;

d) The Ministry of Industry and Trade shall seek the opinion of the Ministry of Agriculture and Rural Development on the application for reissuing the Permit within five working days;

đ) Within five working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall review and examine to reissue the Permit according to the form prescribed in Appendix 9 attached to this Circular. If the Permit is not issued, the Ministry of Industry and Trade must provide a written response to the organization or individual requesting issuance and clearly state the reasons;

2. In Case of Errors or Damage to the Permit

a) Organizations holding the Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers, upon discovering errors or damage to the Permit, must prepare one set of documents to request reissuance of the Permit and send it to the Ministry of Industry and Trade (Chemical Administration) via postal service or direct submission;

b) The documents for requesting reissuance of the Permit include the application for reissuance of the Permit according to the form prescribed in Appendix 10 attached to this Circular and the original Permit that has been issued but contains errors, or the remaining part of the original Permit that can be identified if it is damaged;

c) The Ministry of Industry and Trade shall seek the opinion of the Ministry of Agriculture and Rural Development on the documents for requesting reissuance of the Permit within five working days;

d) Within five working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall review and examine to reissue the Permit according to the form prescribed in Appendix 9 attached to this Circular. If the Permit is not issued, the Ministry of Industry and Trade must provide a written response and clearly state the reasons;

Article 11. Procedure for Amending the Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers

1. Application Documents for Amending the Permit

a) An application for amending the Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers according to the form prescribed in Appendix 11 attached to this Circular;

b) The original Permit for Producing Inorganic Fertilizers Simultaneously with Organic Fertilizers and Other Fertilizers that has been issued;

c) Documents confirming the changed content and evidence proving that the changes and amendments meet the conditions stipulated in Points b and c Clause 1 Article 9 of this Circular;

2. Procedure for Amending the Permit

a) Organizations and individuals producing organic fertilizers shall prepare one set of application documents including the required papers and documents as stipulated in Clause 1 of this Article and send them to the Ministry of Industry and Trade via postal service or deliver them directly;

b) Within no more than three working days from the date of receipt of the documents, the Ministry of Industry and Trade must notify the organization or individual about the completeness and validity of the documents and require the organization or individual to complete the documents. The time for notification and completion of the documents shall not be counted towards the permit issuance period specified in Point c of this Clause;

c) The Ministry of Industry and Trade shall seek the opinion of the Ministry of Agriculture and Rural Development on the documents for issuing the Permit within five working days;

d) Within ten working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall be responsible for reviewing the documents, inspecting actual conditions, and amending the Permit for organizations and individuals meeting the conditions according to the form prescribed in Appendix 12 attached to this Circular. If the Permit is not amended, the Ministry of Industry and Trade must provide a written response and clearly state the reasons.

Article 12. Announcing the list of permits issued

Within three (3) working days from the date of issuing the Permit, the Ministry of Industry and Trade shall compile and announce on its electronic portal the list of organizations and individuals granted the Permit. The list of organizations and individuals permitted to produce both organic and other fertilizers concurrently with inorganic fertilizers shall be sent to the Ministry of Agriculture and Rural Development for announcement on its electronic portal.

Section 2

INORGANIC FERTILIZER TRADING, EXPORTING, IMPORTING

Article 13. Guidelines for implementing conditions for trading inorganic fertilizers

The conditions for trading inorganic fertilizers stipulated in Clauses 2, 3, 4, and 5 of Article 15 of Decree No. 202/2013/NĐ-CP shall be implemented as follows:

1. The store or business location where inorganic fertilizers are displayed for sale must have signage, a publicly displayed price list for each type of fertilizer visible and legible at the point of display. Fertilizers must be arranged separately, not mixed with other goods, and stored in dry locations that ensure the quality of the fertilizers and environmental hygiene.

2. Packaging, containers, and equipment used for storage, retention, and transportation must ensure the quality of the fertilizers, maintain environmental hygiene, prevent leakage or dispersion of fertilizers affecting the surrounding environment. Measures must be taken to handle packaging, bottles, jars, and expired fertilizers.

3. Warehouses must meet requirements regarding construction location, design suitable for the fertilizers being traded, comply with environmental protection requirements, and fire prevention measures. In warehouses, fertilizers must be arranged separately, not mixed with other goods.

4. Imported fertilizers must have labels and certificates of origin as prescribed by law, and notify the results of state inspections of imported fertilizer quality before circulation. Domestic fertilizers must have legal invoices and documents proving their production source, importation source, or supply source.

5. For retail stores selling inorganic fertilizers, if there is no warehouse, then the tools and equipment used for storing fertilizers must ensure the quality of the fertilizers, environmental hygiene, and fire prevention measures.

Article 14. Documents for exporting inorganic fertilizers

In addition to the documents required by laws governing the export of goods, organizations and individuals exporting inorganic fertilizers must present to the Customs Authority the following documents:

1. A copy of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the business activity of trading fertilizers, issued by the competent authority, only to be presented upon the first export.

2. If the importing organization or individual requires quality inspection, a test result certificate for the exported fertilizer batch in accordance with the export contract must be submitted, issued by a designated fertilizer testing laboratory, or a test result certificate/certificate of conformity issued by a testing or certification organization of the country that has Mutual Recognition Arrangements/Agreements (MRA) with Vietnam.

Article 15. Documents for Importing Inorganic Fertilizers

In addition to the documents required under laws on importation of goods, organizations and individuals importing inorganic fertilizers must present to Customs authorities the following documents:

1. For importation for production and business of fertilizers

a) A copy of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate, which includes the business activity related to fertilizer trading, issued by the competent authority, only to be presented at the first importation;

b) A copy of the Compliance Certificate of imported fertilizer batches issued by the designated certification organization.

2. Other cases

For fertilizers not listed in the permitted production, business, and use list in Vietnam, the provisions of Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency activities shall apply.

Chapter III

QUALITY MANAGEMENT OF INORGANIC FERTILIZERS

Section 1

ORGANIZATION OF FITNESS ASSESSMENT, PROCEDURES AND REQUIREMENTS FOR DESIGNATING ORGANIZATIONS TO CONDUCT FITNESS ASSESSMENT OF INORGANIC FERTILIZERS

Article 16. Organizations Conducting Fitness Assessment of Inorganic Fertilizers

1. Testing, inspection, and certification of inorganic fertilizer quality must be conducted by organizations designated by the Ministry of Industry and Trade.

2. Organizations designated for testing inorganic fertilizers must meet the requirements stipulated in Article 11 of Circular No. 48/2011/TT-BCT dated December 30, 2011 of the Minister of Industry and Trade on the management of product and commodity quality in Group 2 under the jurisdiction of the Ministry of Industry and Trade (hereinafter referred to as Circular No. 48/2011/TT-BCT).

3. Organizations designated for inspecting inorganic fertilizers must meet the requirements stipulated in Article 12 of Circular No. 48/2011/TT-BCT.

4. Organizations designated for certifying inorganic fertilizers must meet the requirements stipulated in Article 14 of Circular No. 48/2011/TT-BCT.

Article 17. Procedures and Requirements for Designating Organizations to Conduct Fitness Assessment of Inorganic Fertilizers

The registration dossier, procedures, and requirements for designating organizations to conduct fitness assessment of inorganic fertilizers shall be carried out according to the provisions of Article 15 of Circular No. 48/2011/TT-BCT.

Article 18. Management of Activities of Organizations Designated to Conduct Fitness Assessment of Inorganic Fertilizers

1. The Department of Science and Technology will publish a list of certification, testing, and inspection organizations along with the tests they have been designated to perform on the Ministry of Industry and Trade's electronic portal and is responsible for inspecting and supervising the organizations designated to conduct fitness assessments.

2. Within ten working days from the end of the inspection, the Department of Science and Technology will notify the results of the inspection in writing to the fitness assessment organizations, specifying the non-compliant contents and deadlines for rectification or issuing a decision to suspend or revoke the designation decision if the fitness assessment organization violates the provisions of Clauses 2, 3, and 4 of Article 16 of this Circular.

Article 19. Suspension or Revocation of the Decision to Designate

1. The decision to designate organizations to conduct fitness assessment of inorganic fertilizers will be suspended in the following cases:

a) The inspection results of the Ministry of Industry and Trade show that the fitness assessment organization does not meet the conditions for designation or has not rectified the non-compliant contents from the previous inspection;

b) The fitness assessment organization does not comply with the inspection and supervision requirements set by the Ministry of Industry and Trade;

c) The fitness assessment organization does not fully implement the reporting system as prescribed;

d) Depending on the nature and severity of the violations specified in Points a, b, and c of this Clause, the fitness assessment organization may be warned, temporarily suspended from the effectiveness of the designation decision according to Point 2.1 of Clause 2, Part III of Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology guiding the requirements, procedures, and requirements for designating fitness assessment organizations.

2. The decision to designate organizations to conduct fitness assessment of inorganic fertilizers will be revoked in the following cases:

a) The fitness assessment organization violates the scope of designation;

b) The fitness assessment organization has been suspended from the designation decision but is still found to be conducting testing, certification, and inspection activities;

c) The fitness assessment organization falsifies or alters the content of the designation decision;

d) The fitness assessment organization dissolves or ceases operations in the designated field;

e) The fitness assessment organization does not comply with the monitoring, inspection, supervision, and reporting systems when the designation decision has been suspended for six months.

3. If the decision to designate a fitness assessment organization is revoked, the fitness assessment results of the organization during the period from the last inspection to the date of revoking the designation decision will lose their validity.

4. The Ministry of Industry and Trade must immediately inform relevant agencies, organizations, and individuals about the fitness assessment organizations whose designation decisions have been suspended or revoked upon issuance of the suspension or revocation decision.

Section 2

TESTING, CERTIFICATION, COMPLIANCE ANNOUNCEMENT, QUALITY CONTROL CHECK OF INORGANIC FERTILIZERS

Article 20. Testing and certification for compliance with organic fertilizer standards

1. The testing and certification activities for compliance with organic fertilizer standards shall be carried out according to technical criteria and testing methods specified in Appendix 13 attached hereto. When national technical regulations are promulgated and become effective, testing and certification of organic fertilizers shall be conducted in accordance with corresponding national technical regulations.

2. Tolerances are accepted when comparing analytical results between different laboratories on the same sample for the same criterion when using the same testing method or equivalent testing methods; the content accepted between the analytical result of the laboratory and the declared quality index content or according to the provisions of national technical regulations for organic fertilizers shall be implemented as specified in Appendix 14 attached hereto.

3. Complaint resolution regarding organic fertilizer testing results shall be carried out in accordance with Point d Clause 2 Article 9 of Circular No. 26/2012/TT-BKHCN.

Article 21. Declaration of compliance, declaration of applicable standards

1. Before circulating organic fertilizers on the market, organizations and individuals producing or importing must carry out declarations of compliance.

2. The shape, size, and usage of the compliance mark are stipulated in Clause 2 Article 4 of Circular No. 28/2012/TT-BKHCN dated December 12, 2012, issued by the Minister of Science and Technology on declarations of conformity, declarations of compliance, and methods of conformity assessment with standards and technical regulations.

3. Conformity assessment methods applied to each type of organic fertilizer are specified in corresponding technical regulations. The contents, procedures, and principles of using conformity assessment methods are stipulated in Article 5 of Circular No. 28/2012/TT-BKHCN.

4. Declaration of applicable standards, declaration of conformity for organic fertilizers

a) Organizations and individuals producing or importing fertilizers for business purposes declare applicable standards for the types of fertilizers they produce or import in accordance with guidelines on applying national standards, international standards, regional standards, and foreign standards in Vietnam or guidelines on building and declaring basic standards as stipulated in Circular No. 21/2007/TT-BKHCN dated August 28, 2007, issued by the Ministry of Science and Technology on building and applying standards.

b) The content of the declared applicable standards includes all quality criteria specified in corresponding national technical regulations with the same unit of measurement, other quality criteria, and technical characteristics of fertilizers declared by organizations and individuals having fertilizers, and such declarations must not contravene the provisions of national technical regulations. When national technical regulations have not been promulgated, the provisions in Appendix 13 attached hereto shall apply.

c) Organizations and individuals producing organic fertilizers, importing organic fertilizers for business purposes shall declare conformity in accordance with Circular No. 28/2012/TT-BKHCN.

Article 22. Documents for declaration of compliance with organic fertilizer standards

1. A declaration of compliance form in accordance with the model prescribed in Appendix I of Circular No. 48/2011/TT-BCT.

2. A copy of the Certificate of conformity of organic fertilizers with corresponding technical regulations issued by designated certification organizations.

3. A general description of the organic fertilizer product including features, functions, and uses.

4. Related standards directly related to fertilizers (Vietnamese Standards, Basic Standards, or application of Foreign Standards) or other technical regulations.

Article 23. Procedures for Announcement of Compliance

1. Organizations and individuals announcing compliance shall submit directly or through postal service one (1) set of documents in accordance with Article 22 of this Circular to the Department of Industry and Trade at the locality where the organization or individual has registered for production and business activities.

2. Within five (5) working days from the date of receipt of the announcement of compliance documents, if the documents are complete and valid as prescribed, the Department of Industry and Trade shall notify the organization or individual making the announcement of compliance and send the Ministry of Industry and Trade (Chemical Administration) a Notification confirming the announcement of compliance. The model of the Notification confirming the announcement of compliance is specified in Appendix II of Circular No. 48/2011/TT-BCT.

In case the documents do not meet the requirements as prescribed, within five (5) working days, the Department of Industry and Trade shall notify in writing to the organization or individual making the announcement about the points and contents that are not in compliance so they can perfect the documents.

3. Quarterly, the Ministry of Industry and Trade (Chemical Administration) shall compile and announce on the Ministry's electronic information portal the list of inorganic fertilizers that have been announced as compliant.

Article 24. Responsibilities of organizations and individuals announcing compliance

1. Shall be responsible for the conformity of inorganic fertilizers that have been announced as compliant; maintain quality control, testing, and periodic monitoring at the enterprise.

2. Use the compliance mark for inorganic fertilizers that have been announced as compliant in accordance with the provisions of Article 21 of this Circular before putting them into circulation in the market.

3. When discovering non-conformity of inorganic fertilizers that have been announced as compliant with technical standards during production, circulation, operation, and use, they must:

a) Timely notify relevant management agencies about the non-conformity;

b) Take corrective measures for the non-conformity. If necessary, temporarily suspend production and business operations and proceed to withdraw non-compliant inorganic fertilizers circulating in the market;

c) Notify relevant management agencies about the results of correcting the non-conformity before resuming production and business operations.

4. Retain the announcement of compliance documents as a basis for inspection and supervision by state management agencies.

5. Reannounce when there is any change in the content of the previously registered announcement of compliance.

Article 25. Quality Inspection of Inorganic Fertilizers

The quality inspection of inorganic fertilizers shall be carried out in accordance with Circular No. 48/2011/TT-BCT.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Reporting System

1. Reports of organizations and individuals

a) Before June 15 and before December 15 each year, organizations and individuals engaged in inorganic fertilizer activities shall be responsible for reporting their operational status according to the model specified in Appendix 15 attached to this Circular to the Chemical Administration while sending the report to the Department of Industry and Trade at the location where the inorganic fertilizer activities are conducted for coordination and monitoring;

b) Upon request of authorized agencies, organizations and individuals engaged in inorganic fertilizer activities shall be responsible for submitting ad hoc reports on their operational status according to the model specified in Appendix 15 attached to this Circular while sending the report to the Chemical Administration for monitoring.

2. Reports from State Management Agencies

a) Before June 30 and before December 31 each year, the Department of Industry and Trade shall be responsible for compiling and reporting the operational status of organizations and individuals under its jurisdiction in accordance with Articles 13 and 23 of this Circular. The report model is specified in Appendix 16 attached to this Circular;

b) The Chemical Administration shall be the focal point for compiling the operational status of inorganic fertilizers to be reported to the Ministry Leadership for submission to the Government upon request.

Article 27. Inspection of Inorganic Fertilizer Activities

1. The inspection of the situation regarding production, business, export, and import of inorganic fertilizers as stipulated in this Circular shall be carried out according to the annual plan.

2. In cases where organizations or individuals exhibit signs of violating the provisions of this Circular or related laws, inspections shall be conducted on an urgent basis.

3. The contents of the inspection include:

a) Legal status and compliance with conditions for production, business, export, and import of inorganic fertilizers;

b) Compliance with regulations on fertilizer quality management;

c) Record-keeping and documentation systems;

d) Management of the Production Permit for inorganic fertilizers, the Production Permit for inorganic fertilizers concurrently producing organic fertilizers and other fertilizers;

đ) Reporting systems and responsibilities of organizations and individuals in inorganic fertilizer activities.

Article 28. Responsibilities of Departments and Bureaus under the Ministry of Industry and Trade

1. The Chemicals Bureau is the lead agency coordinating with relevant agencies and units responsible for:

a) Leading the coordination with relevant agencies and units in drafting regulatory legal documents on fertilizer management, strategies, plans, programs, policies for fertilizer development; drafting and submitting to the Minister for issuance within their authority regulatory legal documents on inorganic fertilizer management, national technical standards on inorganic fertilizer quality;

b) Organizing guidance on legal provisions in the production and business of inorganic fertilizers; announcing conformity for domestically produced and imported inorganic fertilizers; compiling and announcing lists of organizations and individuals granted Production Permits for inorganic fertilizers, Production Permits for inorganic fertilizers concurrently producing organic fertilizers and other fertilizers; compiling and announcing nationwide directories of inorganic fertilizers conforming to national technical standards on the Ministry of Industry and Trade's electronic portal;

c) Leading the acceptance, review of files, conditions for issuing new, reissuing, amending, and revoking Production Permits for inorganic fertilizers. Serving as the lead point for accepting files, coordinating with relevant agencies and units of the Ministry of Agriculture and Rural Development to issue Production Permits for inorganic fertilizers concurrently producing organic fertilizers and other fertilizers;

d) Leading and coordinating with relevant agencies and units in developing annual inspection plans for the quality of inorganic fertilizers in production and export as stipulated in Circular No. 48/2011/TT-BCT and this Circular;

đ) Managing the naming of inorganic fertilizers; receiving and providing opinions on advertising content for inorganic fertilizers in accordance with the law;

e) Leading and coordinating with relevant agencies and units in establishing inspection teams to inspect facilities engaged in the production, business, export, and import of inorganic fertilizers as stipulated in this Circular. Serving as the lead point for coordinating with functional agencies and units of the Ministry of Agriculture and Rural Development and relevant agencies and units to inspect facilities producing inorganic fertilizers concurrently producing organic fertilizers and other fertilizers;

g) Coordinating with related Bureaus and Departments to compile situations regarding management, production, business, export, import, and quality of inorganic fertilizers and report to the Ministry leadership as prescribed;

2. Science and Technology Department

a) Organizing evaluations, designations, and management of activities of testing, certification, and appraisal laboratories for inorganic fertilizers, resolving complaints about inorganic fertilizer test results;

b) Leading and coordinating with relevant agencies and units in inspecting the quality of imported inorganic fertilizers as stipulated in Circular No. 48/2011/TT-BCT and this Circular;

c) Leading and coordinating with relevant agencies in organizing research and application of advanced science and technology in activities related to inorganic fertilizers;

3. The Import-Export Bureau leads and coordinates with relevant agencies and units in monitoring the situation of export and import of inorganic fertilizers; proposing mechanisms and policies related to the export and import of inorganic fertilizers;

4. The Border and Mountainous Areas Trade Department leads and coordinates with relevant agencies and units in monitoring the situation of export and import of inorganic fertilizers through border trade; proposing mechanisms and policies related to the export and import of inorganic fertilizers through border trade;

5. The Market Management Bureau is responsible for guiding and directing market management forces to inspect, check, and handle violations of the law in the production, business, and quality of fertilizers as prescribed. Leading or coordinating with competent state agencies to conduct inspections and checks on compliance with the law in the field of production, business, and quality of fertilizers under the responsibility of the industry and trade sector and handling violations of the law as prescribed.

Article 29. Responsibilities of the Department of Industry and Trade of provinces and centrally governed cities Party; Chapter

1. Submit to the provincial People's Committee for issuance of policies supporting production and business of inorganic fertilizers within their jurisdiction.

2. Receive declarations of conformity assessment of inorganic fertilizers, compile lists of organizations and individuals who have registered declarations of conformity, and send notifications confirming declarations of conformity quality of inorganic fertilizers to the Ministry of Industry and Trade (Chemicals Department) in accordance with Article 21 of this Circular.

3. Take the lead and coordinate with relevant agencies to organize publicity, dissemination, and provide guidance on laws and information about the quality of inorganic fertilizers to organizations and individuals engaged in production, business, and consumers. Accept proposals from organizations and individuals engaged in the production and business of inorganic fertilizers to organize seminars and introduce models of inorganic fertilizers in accordance with the provisions of the law.

4. Conduct inspections, checks, and handle administrative violations in the field of inorganic fertilizers within their jurisdiction in accordance with the law. Regularly inspect business activities of fertilizers within their jurisdiction in accordance with Article 13 of this Circular. Participate in coordinating with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development in inspections, supervision, handling complaints and reports, and dealing with violations in the production and business of inorganic fertilizers within their jurisdiction.

5. Implement reporting procedures as stipulated in Point a, Clause 2, Article 26 of this Circular.

Article 30. Responsibilities of local Market Management Agencies

Provincial Market Management Agencies are responsible for leading and coordinating with relevant agencies and units to conduct inspections and checks on compliance with laws in the activities of production, business, and quality of fertilizers according to directives from the provincial People's Committees, the Market Management Department, and the Department of Industry and Trade within their assigned jurisdictions, and handle administrative violations in accordance with the law.

Article 31. Responsibilities of organizations and individuals producing, trading, exporting, and importing inorganic fertilizers

1. Fulfill responsibilities regarding production, trade, export, and import as prescribed in Article 5 of Decree No. 202/2013/ND-CP, the provisions of this Circular, and ensure product quality responsibilities for Group 2 goods as stipulated in Circular No. 48/2011/TT-BCT.

2. Organizations and individuals producing inorganic fertilizers must record and retain production process logs; keep testing result files and retain samples of products leaving the factory; store samples as required under Point d, Clause 1, Article 5 of Decree No. 202/2013/ND-CP. Natural gas and associated gas raw materials and auxiliary raw materials are not subject to sample retention.

3. Implement reporting procedures as stipulated in Point g, Clause 1, Article 5 of Decree No. 202/2013/ND-CP and Clause 1, Article 26 of this Circular.

4. Have the responsibility to organize or through competent units to train and enhance knowledge about fertilizers for workers directly involved in the production of inorganic fertilizers in accordance with Point b, Clause 3, Article 8 of Decree No. 202/2013/ND-CP.

5. Organizations and individuals investing in the production of inorganic fertilizers; producing inorganic fertilizers while also producing organic fertilizers and other fertilizers after the effective date of this Circular must submit permit application files after completing construction projects and must obtain a permit before officially commencing operations.

Article 32. Transitional Provisions

Organizations and individuals who have produced inorganic fertilizers; produced inorganic fertilizers concurrently with organic fertilizers and other fertilizers before this Circular takes effect must supplement their files and conditions within the time limit specified in Clause 1 of Article 22 of Decree No. 202/2013/NĐ-CP and complete the procedures for obtaining licenses in accordance with the provisions of this Circular.

Article 33. Effective Date

1. This Circular takes effect from November 27, 2014.

2. When the legal normative documents and materials cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new provisions.

3. This Circular replaces:

a) Circular No. 05/2005/TT-BCN dated October 31, 2005 of the Ministry of Industry (now the Ministry of Industry and Trade) guiding the implementation of Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on the management of fertilizer production and business;

b) Circular No. 02/2007/TT-BCN dated March 22, 2007 of the Ministry of Industry (now the Ministry of Industry and Trade) supplementing Clause 2 of Section II of Circular No. 05/2005/TT-BCN.

4. In the course of implementation, if there are difficulties or issues arising, organizations and individuals shall promptly reflect them to the Ministry of Industry and Trade for appropriate amendments and supplements./.