Circular No. 32/2010/TT-BNNPTNT on designation and management of activities of sample takers, testers, testing laboratories, and organizations certifying the quality of plant seeds, plant products, and fertilizers.

CIRCULAR

Regulations on designation and management of sampling personnel, testing personnel, laboratories, and organizations certifying the quality of seed, plant products, and fertilizers

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

Pursuant to Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to Circular No. 08/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology guiding requirements, procedures, and formalities for registration in conformity assessment activities;

Pursuant to Circular No. 09/2009/TT-BKHCN dated April 8, 2009 of the Ministry of Science and Technology guiding requirements, procedures, and formalities for designation of conformity assessment organizations;

The Minister of Agriculture and Rural Development stipulates regulations on designation and management of sampling personnel, testing personnel, laboratories, and organizations certifying the quality of seed, plant products, and fertilizers under the responsibility of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates conditions for designation; procedures and contents of evaluation and designation; supervision of laboratories and certification organizations; inspection, audit, and handling of violations concerning sampling personnel, testing personnel, laboratories, and organizations certifying the quality of seed, plant products, and fertilizers under the responsibility of the Ministry of Agriculture and Rural Development.

This Circular applies to organizations and individuals involved in the designation and management of activities of sampling personnel, testing personnel, laboratories, and organizations certifying the quality of seed, plant products, and fertilizers in the fields specified in Appendix 1 of this Circular.

Article 2. Interpretation of Terms

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

1. Designated Quality Testing Laboratory for Seed, Plant Products, and Fertilizers (hereinafter referred to as the Designated Testing Laboratory) is a laboratory meeting the conditions set forth in this Circular designated by the Ministry of Agriculture and Rural Development (Crop Cultivation Department) to conduct tests on the quality of seed, plant products, and fertilizers;

2. Designated Organization Certifying the Quality of Seed, Plant Products, and Fertilizers (hereinafter referred to as the Designated Certification Organization) is an organization meeting the conditions set forth in this Circular designated by the Ministry of Agriculture and Rural Development (Crop Cultivation Department) to certify the quality of seed, plant products, and fertilizers;

3. Sampling Sampling is the act of taking a representative quantity of a batch of products or a typical sample during production or business operations according to a prescribed method to assess the quality indicators of that batch or product;

4. Designated Sampling Personnel for Seed, Plant Products, and Fertilizers and Designated Testing Personnel for Seed are individuals meeting the conditions set forth in this Circular designated by the Ministry of Agriculture and Rural Development (Crop Cultivation Department);

5. Seed Testing is the act of evaluating the degree of compliance of relevant quality indicators of seed fields, seed gardens, and seed plants with corresponding standards and technical regulations;

6. Proficiency Testing is the act of conducting a test on the same sample by two or more laboratories under predetermined conditions to evaluate the capability of those laboratories to perform such a test;

7. is the organization and evaluation of tests conducted on the same test sample or similar test samples performed by two (two) or more testing laboratories under predetermined conditions. is the act of organizing the comparison of tests between two or more laboratories through proficiency testing methods;

8. Monitoring and Supervision is the act of the designating authority conducting an assessment of the capability, management system, and testing and certification results of laboratories and certification organizations after they have been designated.

Chapter II

PROVISIONS ON THE CONDITIONS, PROCEDURES, AND REQUIREMENTS FOR DESIGNATING SAMPLE COLLECTORS, INSPECTORS, TESTING LABORATORIES, AND CERTIFICATION ORGANIZATIONS FOR SEEDS, AGRICULTURAL PRODUCTS, AND FERTILIZERS

Article 3. Conditions for Designating Sample Collectors and Inspectors

1. They must be individuals belonging to state management agencies, public service units, enterprises, or cooperatives operating in the relevant field.

2. They must have been trained in seed inspection, sample collection for seeds, agricultural products, and fertilizers.

Article 4. Conditions for Designating Testing Laboratories

Seed, agricultural product, and fertilizer testing laboratories, whether independent units or those under public service units or enterprises, shall be designated when they meet the following conditions:

1. Established in accordance with the law, possessing functions and responsibilities for testing in the relevant field.

2. Having a management system and testing capacity that comply with the requirements set forth in the national standard TCVN ISO/IEC 17025: 2007 or the international standard ISO/IEC 17025: 2005.

3. Having testing personnel with appropriate professional qualifications for the relevant field.

4. Participating in proficiency testing programs for the relevant field or test method if the designating authority can organize such programs.

Detailed requirements for designated seed, agricultural product, and fertilizer testing laboratories are provided in Appendix 8a of this Circular.

Article 5. Conditions for Designating Certification Organizations

Public service units, enterprises, or branches of foreign certification organizations in Vietnam shall be designated as certification organizations for seeds, agricultural products, and fertilizers when they meet the following conditions:

1. Established in accordance with the law, possessing functions and responsibilities for quality certification activities in the relevant field.

2. Having a management system and certification capacity that comply with the national standard TCVN 7457:2004 or the international standard ISO/IEC Guide 65:1996 in the relevant field.

3. Having full-time staff members (civil servants or indefinite-term contract employees or at least 12-month term contract employees) with a bachelor's degree or higher, specialized qualifications suitable for certification activities related to products or goods, having at least three years of work experience in the relevant field, and trained in system management certification.

4. Having designated sample collectors, inspectors, or accredited or designated testing laboratories.

5. Possessing all necessary technical documents, standards, and certification procedures.

Detailed requirements for designated certification organizations for seeds, agricultural products, and fertilizers are provided in Appendix 8b of this Circular.

Article 6. Application Documents for Designating Sample Collectors and Inspectors

1. The application package for designating a sample collector consists of one set including:

a) An application form according to Appendix 2a of this Circular.

b) Certified copy of the training certificate for sample collection.

c) Two 3x4 cm photographs.

2. The application package for designating an inspector for seeds includes:

a) An application form according to Appendix 2b of this Circular.

b) Certified copy of the training certificate for seed inspection.

c) Two 3x4 cm photographs.

Article 7. Documents for registration of designation of testing laboratories

The documents for registration of designation of testing laboratories consist of 01 (one) set including:

1. Application form for designation according to the model at Appendix 2c of this Circular;

2. Certified copy of the Decision on establishment or Business Registration Certificate;

3. Quality manual of the testing laboratory according to TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005; related technical documents;

4. Proficiency test results and corrective action reports (if any);

5. List of testers;

6. Report on capacity and activities of the testing laboratory according to the model at Appendix 3 of this Circular.

7. Certified copy of the Accreditation Certificate of the testing laboratory issued by the Accreditation Organization and related documents on the scope of accreditation (if any).

Article 8. Documents for registration of designation of certification organizations

The documents for registration of designation of certification organizations consist of 01 (one) set including:

1. Application form for designation of certification organization according to the model at Appendix 2d of this Circular;

2. Certified copy of the Decision on establishment or Business Registration Certificate or Investment Certificate;

3. Quality manual of the certification organization according to TCVN 7457:2004 or ISO/IEC Guide 65:1996;

4. Technical documents, necessary standards, and appropriate certification procedures;

5. List of assessors;

6. Sample Certification Certificate of the Certification Organization with contents consistent with the guidance at Appendix 12 or Appendix 14 of this Circular;

7. Certified copy of the Accreditation Certificate of the certification organization issued by the Accreditation Organization and related documents on the scope of accreditation (if any).

Article 9. Acceptance and examination of documents

1. Sampling persons, inspectors, testing laboratories, certification organizations operating nationwide shall submit 01 (one) set of documents directly or through postal service to the Crop Production Department, Ministry of Agriculture and Rural Development.

2. Certification organizations for crop products operating within the scope of 01 province or city shall submit 01 (one) set of documents directly or through postal service to the Department of Agriculture and Rural Development where the certification organization has its headquarters.

3. The Crop Production Department, Department of Agriculture and Rural Development shall accept and examine the documents; in case there are errors in the documents, they must notify the organization or individual submitting the documents about the contents that need to be corrected or supplemented within 05 (five) working days from the date of receipt of the documents.

Article 10. Evaluation, designation, re-designation, and expansion of designated scope for sampling persons and inspectors of plant varieties

1. Evaluation

After receiving valid documents, the Crop Production Department shall organize the evaluation of the documents in accordance with Article 3 of this Circular.

2. Designation

a) The Director of the Crop Production Department decides on the designation of sampling persons and inspectors. The designation decision must detail the scope of designation and is effective for 05 (five) years.

b) The time from evaluation to issuance of the designation decision shall not exceed 10 (ten) working days from the date of receipt of valid documents.

3. Re-designation

a) Sampling persons and inspectors wishing to be re-designated must submit 01 (one) set of re-designation registration documents to the Crop Production Department three months before the designation decision expires.

b) The re-designation documents include:

- Re-designation application form according to the model at Appendix 2a, 2b of this Circular;

- Report on the results of sampling and inspection activities during the designated period;

- 02 photographs measuring 3 x 4 cm.

c) The Crop Production Department evaluates based on the documents and decides on the re-designation of sampling persons and inspectors.

4. Expansion of designated scope

a) Sampling persons and inspectors who have been designated and wish to expand their designated scope must submit 01 (one) set of documents as prescribed in Article 6 to the Crop Production Department.

b) The Crop Production Department evaluates based on the documents and decides on the expansion of the designated scope for sampling persons and inspectors.

5. In case of refusal of designation, the Crop Production Department shall notify the reasons for refusal in writing to the applicant.

Article 11. Evaluation of Testing Laboratories and Certification Organizations

1. Evaluation of Testing Laboratories

a) Within ten working days from the date of receipt of a valid dossier, the Crop Production Department shall establish an Evaluation Team for the Testing Laboratory. The Evaluation Team shall consist of three to five members who are knowledgeable in the designated field.

b) Basis for evaluation: Assess the degree of compliance with the conditions of the Testing Laboratory as stipulated in Article 4 of this Circular.

c) Procedure and methods of evaluation:

- For Testing Laboratories that have a certification certificate from a recognized organization meeting the requirements of TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 for the proposed field and test method, the Evaluation Team shall review the dossier.

- For Testing Laboratories that do not have a certification certificate from a recognized organization meeting the requirements of TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 for the proposed field and test method, the following procedures shall be implemented:

+ The Head of the Evaluation Team decides either all members or assigns members to conduct on-site evaluation of the management system and capabilities of the Testing Laboratory according to the requirements for designated Testing Laboratories as specified in Appendix 8a of this Circular; prepare a report of the evaluation results according to the form in Appendix 4 of this Circular;

+ The Evaluation Team discusses openly and votes by ballot;

- The Evaluation Team prepares a conclusion record according to the form in Appendix 5 of this Circular. The Testing Laboratory will be designated when at least two-thirds or three-fifths of the members (including the Head of the Evaluation Team) vote in favor.

- In cases where the Testing Laboratory has non-compliant points but can be rectified, the Evaluation Team lists these non-compliant points and proposes a rectification period; notify the Testing Laboratory to rectify the non-compliant points and submit a rectification report to the Head of the Evaluation Team. Based on the rectification report, the Evaluation Team conducts a verification and prepares a conclusion record; if necessary, the Evaluation Team may conduct another on-site evaluation.

2. Evaluation of Certification Organizations

a) Within ten working days from the date of receipt of a valid dossier, the Crop Production Department and the Department of Agriculture and Rural Development shall establish an Evaluation Team for the Certification Organization consisting of three to five members who are knowledgeable in the designated field.

b) Basis for evaluation: Assess the degree of compliance with the conditions of the Certification Organization as stipulated in Article 5 of this Circular.

c) Procedure and methods of evaluation:

- For Certification Organizations that have a certification certificate from a recognized organization meeting the requirements of TCVN 7457:2004 or ISO/IEC Guide 65:1996, the Evaluation Team shall review the dossier.

- For Certification Organizations that do not have a certification certificate from a recognized organization meeting the requirements of TCVN 7457:2004 or ISO/IEC Guide 65:1996, the following procedures shall be implemented:

+ The Head of the Evaluation Team decides either all members or assigns members to conduct on-site evaluation of the management system and capabilities of the Certification Organization according to the requirements for designated Certification Organizations as specified in Appendix 8b of this Circular; prepare a report of the evaluation results according to the form in Appendix 6 of this Circular.

+ The Evaluation Team reviews the application dossier, evaluation reports; discusses openly and votes by ballot;

- The Evaluation Team prepares a conclusion record according to the form in Appendix 7 of this Circular. The Certification Organization will be designated when at least two-thirds or three-fifths of the members (including the Head of the Evaluation Team) vote in favor.

- In cases where the Certification Organization has non-compliant points but can be rectified, the Evaluation Team lists these non-compliant points, proposes a rectification period, and notifies the Certification Organization of the evaluation results. The Certification Organization proceeds to rectify the non-compliant points and submits a report to the Head of the Evaluation Team. The Evaluation Team conducts a verification based on the rectification report; if necessary, the Evaluation Team may conduct another on-site evaluation.

Article 12. Designation of Testing Rooms and Certification Organizations

1. Designation of Testing Rooms

a) Within five (5) working days from the date of receipt of the Minutes requesting designation by the Inspection Team, the Director of the Crop Production Department shall issue a decision on the designation of the testing room. The designation decision must specify the scope of designation in detail and be valid for no more than five (5) years.

b) The time from the decision to establish the Inspection Team to the issuance of the designation decision shall not exceed thirty (30) working days, except in cases where the testing room has non-compliant points that need to be rectified.

c) The sample stamp and instructions for using the stamp of the designated testing room are specified in Appendix 16 of this Circular.

2. Designation of Certification Organizations

a) Within five (5) working days from the date of receipt of the Minutes requesting designation by the Inspection Team, the Director of the Crop Production Department and the Department of Agriculture and Rural Development shall issue a decision on the designation of the certification organization. The designation decision must specify the scope of designation in detail and be valid for no more than five (5) years.

b) The time from the decision to establish the Inspection Team to the issuance of the designation decision shall not exceed thirty (30) working days, except in cases where the certification organization has non-compliant points that need to be rectified.

3. In case of refusal of designation, the Crop Production Department shall notify the reasons for refusal in writing to the testing room and certification organization with registration files, and the Department of Agriculture and Rural Development shall notify the certification organization applying for designation within the province.

Article 13. Re-designation and Expansion of the Scope of Designation for Testing Rooms and Certification Organizations

1. Re-designation of Testing Rooms

a) A testing room wishing to be re-designated must submit one (1) set of Registration Application Files for Re-designation to the Crop Production Department three months before the designation decision expires. Based on the application files and monitoring results (if any), the Crop Production Department shall evaluate and re-designate the testing room according to Clause 1 of Article 11 and Clause 1 of Article 12 of this Circular.

b) The re-designation documents include:

- Application form for re-designation according to the model at Appendix 2c of this Circular;

- Report on testing results during the five (5) years of designation;

- Quality manual with updates and changes regarding organizational structure, personnel, equipment, procedures, guidelines, forms (if any).

c) Based on the evaluation results, the Director of the Crop Production Department shall decide to re-designate the testing room.

2. Expansion of the Scope of Designation for Testing Rooms

A designated testing room wishing to expand the scope of designation must submit one (1) set of Registration Application Files according to Article 7 of this Circular to the Crop Production Department. Based on the application files and annual monitoring results (if any), the Crop Production Department shall evaluate and expand the scope of designation according to Clause 1 of Article 11 and Clause 1 of Article 12 of this Circular.

3. Re-designation of Certification Organizations

a) A certification organization wishing to be re-designated must submit one (1) set of Registration Application Files for Re-designation to the Crop Production Department and the Department of Agriculture and Rural Development three months before the designation decision expires.

The re-designation application files include:

- Application form for re-designation according to the model at Appendix 2d of this Circular;

- Report on certification implementation results during the five (5) years of designation;

- Quality manual with updates and changes regarding organizational structure, personnel, equipment, procedures, guidelines, forms (if any).

b) Based on the application files and annual monitoring results, the Crop Production Department and the Department of Agriculture and Rural Development shall evaluate and re-designate the certification organization according to Clause 2 of Article 11 and Clause 2 of Article 12 of this Circular.

4. Expansion of the Scope of Designation for Certification Organizations

a) A designated certification organization wishing to expand the scope of designation must submit one set of Registration Application Files according to Article 8 of this Circular to the Crop Production Department and the Department of Agriculture and Rural Development.

b) Based on the application files for expanding the scope of designation and annual monitoring results, the Crop Production Department and the Department of Agriculture and Rural Development shall evaluate and expand the scope of designation according to Clause 2 of Article 11 and Clause 2 of Article 12 of this Circular.

Article 14. Designation Code

1. Each sample collector, inspector, testing laboratory, certification organization designated shall have a unique code for management purposes. The code shall be recorded in the designation decision.

2. The method of assigning codes to sample collectors, inspectors, testing laboratories, and certification organizations shall follow the guidelines set out in Appendix 15 of this Circular.

Chapter III

MANAGEMENT OF ACTIVITIES OF DESIGNATED SAMPLE COLLECTORS, INSPECTORS, TESTING LABORATORIES, AND CERTIFICATION ORGANIZATIONS FOR SEEDS, AGRICULTURAL PRODUCTS, AND FERTILIZERS

Article 15. Reporting System

1. Changes to be reported

a) Designated sample collectors, inspectors, testing laboratories, and certification organizations must report to the Crop Production Department (certification organizations operating in one province/city shall report to the provincial Department of Agriculture and Rural Development) any changes related to their scope of designation, at the latest within thirty working days from the date of change.

b) Reports must include:

Legal status;

Organizational structure and leadership;

Policies and procedures;

Address, telephone, fax, email;

Personnel, key staff, equipment, infrastructure, work environment, or other resources if they significantly impact the management system;

- Errors and corrective measures when required.

2. Periodic reporting on activity results

a) Designated testing laboratories must submit reports on their activity results six months before June 30 and before December 31 each year to the Crop Production Department for consolidation.

b) Designated certification organizations:

- In cases where products are certified as conforming to technical standards: Monthly periodic reports must be submitted to the Crop Production Department (certification organizations registered to operate in one province shall report to the provincial Department of Agriculture and Rural Development) regarding the issuance, warning, suspension, or revocation of product conformity certificates.

- In cases where batches of products are certified as conforming to technical standards: Submit reports on activity results six months before June 30 and before December 31 each year to the Crop Production Department and the provincial Department of Agriculture and Rural Development.

3. Reports must be made upon request by the Crop Production Department or the provincial Department of Agriculture and Rural Development where sampling, inspection, testing, and quality certification of seeds, fertilizers, and agricultural products take place.

4. Provincial Departments of Agriculture and Rural Development must compile and report relevant contents periodically every six months and annually to the Crop Production Department for consolidation.

Article 16. Supervision of Designated Testing Laboratories

1. Annually, the Crop Production Department shall develop a regular supervision plan in the first month of the first quarter and an ad hoc supervision plan as needed.

2. Forms of supervision

a) Inter-laboratory comparison: Applied to designated testing laboratories with a frequency of once per year.

b) On-site supervision: Applied to testing laboratories at least twice during the validity period of the designation decision. The Crop Production Department shall notify the testing laboratory fifteen days prior to conducting the supervision. In exceptional circumstances, prior notice may not be required.

3. Organization of inter-laboratory comparisons

a) The Crop Production Department shall issue a document instructing designated testing laboratories to organize inter-laboratory comparisons, prioritizing the use of accredited testing laboratories (if available).

b) The testing laboratory assigned to organize the inter-laboratory comparison shall prepare test samples, send them to participating laboratories along with testing requirements and result report templates.

c) Participating laboratories shall conduct tests on the samples according to prescribed methods; submit test result reports to the testing laboratory assigned to organize the inter-laboratory comparison.

d) The testing laboratory assigned to organize the inter-laboratory comparison shall consolidate, analyze, and evaluate the test results of the participating laboratories using statistical methods; prepare a consolidated report on inter-laboratory test results no later than fifteen days after the completion of the test; submit the report to the Crop Production Department and inform each participating laboratory of the evaluation results in accordance with confidentiality principles.

4. Procedures and contents of on-site supervision

a) The Crop Production Department shall establish a supervision team consisting of two to three members knowledgeable about the designated field.

b) Contents of supervision

- Evaluation of the suitability of the management system and capabilities of the testing laboratory against TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005 as required for designated testing laboratories in Appendix 8a of this Circular and guidance during the assessment/supervision process as stipulated in Clause 1 of Appendix 19 of this Circular;

- Inspection of procedures for performing designated tests according to current testing methods;

- Retest of retained samples: Retesting of retained samples shall be conducted for seed and fertilizer testing laboratories when necessary; the number of samples to be tested shall be determined by the head of the supervision team and the Crop Production Department shall instruct designated testing laboratories to conduct the retesting, prioritizing the use of accredited testing laboratories (if available).

c) Prepare a supervision record of the testing laboratory and report according to the template in Appendix 17 of this Circular.

d) Designated testing laboratories that have errors must implement corrective actions and report the results to the supervision team according to the template in Appendix 18 of this Circular for verification and reporting to the Crop Production Department.

The supervision team shall verify the results of corrective actions based on the implementation report of the testing laboratory; if necessary, they shall conduct another on-site inspection.

Article 17. Supervision of designated certification organizations

1. Annually, the Crop Production Department and the Department of Agriculture and Rural Development shall develop a supervision plan for the activities of certification organizations with a frequency of once every one year during the validity period of the designation decision, and an ad hoc supervision plan when necessary.

2. The results of supervision serve as the basis for the Crop Production Department and the Department of Agriculture and Rural Development to consider maintaining, warning, suspending, or revoking the effectiveness of the designation decision.

3. Establishment of the Supervision Team

- For certification organizations designated by the Crop Production Department: The Crop Production Department shall establish a supervision team consisting of 2-3 members knowledgeable in the designated field.

- For certification organizations designated by the Department of Agriculture and Rural Development: The Department of Agriculture and Rural Development shall take the lead in establishing the supervision team. When necessary, the Crop Production Department has the right to conduct supervision and request the Department of Agriculture and Rural Development to suspend or revoke the designation decision if violations by the certification organization are discovered.

4. Procedures and contents of on-site supervision:

a) Checking the suitability of the quality management system and the capacity of the certification organization with TCVN 7457:2004 or ISO/IEC Guide 65:1996 as required for designated certification organizations in Appendix 8b of this Circular and guidance during the evaluation/supervision process as stipulated in Clause 2 of Appendix 19 of this Circular;

b) Inspecting the assessment procedures and certification outcomes at certified manufacturers, and when necessary, taking samples of certified products for quality-related index testing;

c) Preparing a supervision record of the certification organization according to the guidelines in Appendix 17 of this Circular;

d) Submitting the supervision results report to the designating authority within no more than fifteen days after the end of the supervision;

đ) In cases where the certification organization commits errors, it must implement corrective actions and report the results to the supervision team according to the form in Appendix 18 of this Circular for verification and reporting to the Crop Production Department;

The supervision team will verify the results of corrective actions based on the certification organization's corrective action report; when necessary, they may conduct another on-site inspection.

Article 18. Exemption from supervision for laboratories and designated certification organizations holding recognition certificates

1. Objects exempted from supervision:

a) Laboratories designated and holding recognition certificates, with post-recognition supervision results from the recognizing organization concluding that the laboratory continues to meet TCVN ISO/IEC 17025:2007 or ISO/IEC 17025:2005;

b) Certification organizations designated and holding recognition certificates, with post-recognition supervision results from the recognizing organization concluding that the certification organization continues to meet TCVN 7457:2004 or ISO/IEC Guide 65:1996.

2. Laboratories and designated certification organizations wishing to be exempted from supervision must submit one set of files to the Crop Production Department or the Department of Agriculture and Rural Development. The file includes:

- A request for exemption from supervision;

- A certified copy of the Recognition Certificate;

- A certified copy of the supervision record of the recognizing organization;

- Reports on operational results and other related documents (if any);

3. Within five working days from the date of receipt of the request, the Crop Production Department and the Department of Agriculture and Rural Development shall review the file and decide on the exemption from supervision.

Article 19. Inspection, Audit, Handling Complaints and Reports

1. Inspection, audit, and handling violations in the field of designation and management of sample takers, testers, testing laboratories, and certification organizations designated according to current laws.

2. Complaints and reports related to the designation and management of sample takers, testers, testing laboratories, and certification organizations shall be handled in accordance with the laws on complaints and reports.

Article 20. Warning, Suspension, Restoration, and Revocation of Designation Decisions

The Crop Cultivation Department bases its decision to issue warnings, suspensions, restorations, or revocations of designation decisions on the results of supervision, inspection, and audit.

1. Issue a warning when designated sample takers, testers, testing laboratories, or certification organizations commit errors but these have not affected the testing, sampling, or certification results.

2. Suspend partially or entirely the effectiveness of the designation decision if technical errors occur that can be corrected and have not caused serious consequences:

a) Corrective actions reported in the supervision report were not fully implemented;

b) Testing laboratories fail to report inter-laboratory testing results or consecutive inter-laboratory testing results for the same parameter that do not meet requirements;

c) Customer complaints about testing, sampling, or laboratory testing results are verified to be due to errors by testers, samplers, or laboratories but are not corrected;

d) Failure to comply with reporting procedures as stipulated in Article 15 of this Circular.

3. Restore the effectiveness of the designation decision once the errors have been corrected.

4. Revoke the designation decision in the following cases:

a) Designated samplers, testers, or testing laboratories commit serious errors: violating provisions of Article 20 of the Product Quality Law; Clause 4 of Article 24 of Government Decree No. 57/2005/NĐ-CP dated April 27, 2005 on administrative penalties in the field of plant breeding; Clause 2 of Article 13, Clause 2 of Article 18 of Government Decree No. 15/2010/NĐ-CP dated March 1, 2010 on administrative penalties in fertilizer production and trading activities, and other current legal documents.

b) Certification organizations fail to meet conditions stipulated in Article 5 of this Circular or monitoring results show that certification organizations are not honest or impartial in their evaluation and certification activities.

Within one year from the date of the Decision to revoke the certification activity designation, certification organizations may not engage in certification activities. To resume operations, they must re-register according to Clause 3 of Article 13 of this Circular.

Article 21. Costs

1. Costs for assessment, designation, and supervision of activities by sample takers, testers, testing laboratories, and certification organizations shall be paid according to state fees and charges.

2. Costs for sampling and testing related to customer opinions or complaints shall be borne by the party at fault.

Chapter IV

RESPONSIBILITIES AND LIMITATIONS

Article 22. Responsibilities and Authorities of Designated Sample Takers, Testers, Testing Laboratories, and Certification Organizations

1. Sample Takers, Testers

a) Have the right to conduct sampling and testing based on contracts signed with organizations or individuals requesting sampling or testing of plant varieties.

b) Are responsible for conducting sampling and testing according to the correct methodology; ensuring objectivity and fairness; maintaining confidentiality of information, data, and results of sampling and testing, except when required to report by competent authorities; participating in training and retraining; paying designation fees as prescribed.

2. Testing Laboratories, Plant Variety and Agricultural Product Certification Organizations designated have rights and responsibilities as stipulated in Articles 19 and 20 of the Product Quality Law and implementing regulations.

Article 23. Responsibilities and Authorities of the Crop Cultivation Department

1. Implement the acceptance of registration files, designate sample collectors, seed testing personnel; evaluate, designate, inspect, audit, supervise: testing laboratories, certification organizations nationwide;

2. Ensure objectivity and fairness in activities of evaluation, designation, inspection, auditing, supervision, and handling complaints and reports;

3. Maintain confidentiality of information and data during the implementation of evaluation, designation, and supervision;

4. Announce on mass media the list of sample collectors, seed testing personnel, testing laboratories, certification organizations designated, suspended, or revoked from designation decisions nationwide;

5. Develop and issue training programs, organize training sessions, conduct workshops, and issue training certificates regarding sampling, testing, laboratory analysis, evaluation, and certification of seeds, plant products, and fertilizers;

6. Organize audits, inspections, and handle complaints and reports related to sample collectors, seed testing personnel, testing laboratories, and certification organizations according to the provisions of the law;

7. Archive files of sample collectors, seed testing personnel, testing laboratories, and certification organizations;

8. Issue, warn, suspend, restore, and revoke designation decision for sample collectors, seed testing personnel, testing laboratories, and certification organizations;

Article 24. Responsibilities and Authorities of the Department of Agriculture and Rural Development

1. Implement the acceptance of registration files, evaluate, designate, and supervise certification organizations operating within the province in the field of plant products;

2. Coordinate with the Crop Cultivation Department to audit, inspect, and handle complaints and reports related to sample collectors, seed testing personnel, testing laboratories, and certification organizations operating within the province;

3. Report the name and address of designated, suspended, restored, or revoked certification organizations and compile the operational results of certification organizations of plant products within the province to the Crop Cultivation Department;

4. Announce on mass media the list of designated, suspended, restored, or revoked certification organizations of plant products;

5. Issue, suspend, restore, and revoke designation decisions for certification organizations of plant products operating within the province;

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Transitional Provisions

Sample collectors, seed testing personnel, testing laboratories, and certification organizations that have been designated before this Circular takes effect shall continue their operations within the scope of their designation according to the term of the designation decision.

Article 26. Effective date

1. This Circular takes effect 45 days from the date of signature and replaces Decision No. 106/2008/QĐ-BNN dated October 29, 2008, of the Ministry of Agriculture and Rural Development on the designation and management of activities of sample collectors, seed testing personnel, testing laboratories, and certification organizations of seed quality, plant products, and fertilizers;

2. Entrust the Crop Cultivation Department to be the focal point for monitoring, guiding, and organizing the implementation of this Circular. During the implementation process, if there are difficulties or obstacles, relevant organizations and individuals should report to the Ministry of Agriculture and Rural Development (Crop Cultivation Department) for timely resolution./.