Decision No. 3699/QD-BNN-CB on issuing the regulations for registration and certification of high-quality and reputable Vietnamese agricultural and forestry products.

Pursuant to …;

Regarding the issuance of regulations on registration and certification of high-quality and reputable trade agricultural and forestry products of Vietnam

- Based on Decree No. 86/2003/ND-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

- Based on Decision No. 3697/QD-TCHQ dated December 29, 2005 of the Minister of Agriculture and Rural Development regarding the acceptance of the project "Certification of high-quality and reputable trade agricultural and forestry products of Vietnam";

- Considering the proposal of the Director of the Department of Processing and Salt Industry;

Now hereby promulgates with this Decision the "Regulations on Registration and Certification of High-Quality and Reputable Trade Agricultural and Forestry Products of Vietnam" consisting of six chapters and twenty articles.

DECISION:

Article 1. The Permanent Deputy Minister, the Director of the Department of Processing and Salt Industry, and the heads of related units are responsible for implementing this Decision.

Article 2. This Decision takes effect from the date of issuance

Article 3. /.

REGULATIONS

Registration and certification of agricultural and forestry products

- Based on Decree No. 86/2003/ND-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

(Issued together with Decision No. 3699/QD-BNN-CB dated December 29, 2005 of the Minister of Agriculture and Rural Development

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Chapter I:

GENERAL PROVISIONS

Article 1. Scope of Application

These Regulations apply to the certification of high-quality and reputable trade agricultural and forestry products of Vietnam, bringing economic benefits to producers, traders, consumers within the country, and exporters.

Article 2. Applicability

Agricultural and forestry products produced in Vietnam by organizations and individuals registered for business under all forms of ownership.

Agricultural and forestry products are goods of the agricultural sector, including fresh, live, processed, preserved, and manufactured products, excluding plant and animal seeds, feedstuffs, veterinary drugs, fertilizers, etc.

Article 3. Forms of certification

High-quality and reputable trade agricultural and forestry products of Vietnam shall be certified by the Minister of Agriculture and Rural Development issuing a Decision and granting a Certificate of Quality and Reputation.

Chapter II:

REGISTRATION PROCEDURES

Article 4. Subjects of registration

Organizations and individuals having products as specified in Article 2 of these Regulations, who have the need and voluntarily, have the right to submit registration application for certification.

Article 5. Conditions for registration

1. Agricultural and forestry products must be produced and sold stably, available on the market for at least two years from the date of product registration to the date of submitting the registration application.

2. Products must have clear origin, without disputes over copyright or complaints related to the quality and reputation of the product.

3. An organization or individual may register certification for multiple products, but a specific product can only be registered for certification by one organization or individual.

Article 6. Procedures for registration

1. Annually, at least 60 days before the evaluation date, the Ministry of Agriculture and Rural Development publicly announces the schedule, fees, and methods of organizing the certification of high-quality and reputable trade products.

2. Organizations and individuals prepare one set of registration files according to the provisions of Article 7 of these Regulations and send them to the Department of Agriculture and Rural Development in their operating area.

3. The Department of Agriculture and Rural Development organizes preliminary evaluations at the grassroots level, sends reports and successful files to the Standing Evaluation Council at the Ministry located at the Department of Processing and Salt Industry, Ministry of Agriculture and Rural Development.

Article 7. Registration Documents

The registration documents include:

1. Application for product certification registration form of organizations and individuals (Annex 1)

2. Description introducing the registering organization or individual

3. Description introducing production technology and equipment

4. Certificate of production management system

5. Description introducing product quality and applicable standards

6. Report on the current environmental status of the production facility

7. Description introducing production and consumption situation of the product in the last two years up to the date of submitting the registration application

8. Copies of relevant documents and materials related to the product (if any)

- Intellectual property certificates

- Awards and certificates

- Comments from organizations and individuals consuming the product

- Other related documents

Article 8. Registration Fee Contribution and Usage

1. Organizations and individuals must contribute the registration fee together with the registration documents to the Department of Agriculture and Rural Development at their location and such contribution will not be refunded.

2. The contributed funds shall be used by the local Evaluation Council for activities such as assessment, inspection, and supervision, and by the Ministry-level Evaluation Council for activities including evaluation, certification, supervision, commendation, introduction, and promotion of certified products.

Chapter III:

ASSESSMENT AND CERTIFICATION

Article 9. Assessment Criteria

1. Production Management System - Products must be produced at facilities applying at least one of the following management systems: GAP, GAHP, GMP, GHP, HACCP, ISO, TQM

2. Product Quality:

- Products must be produced in accordance with published standards (TCVN, TCN, TCCS, International Standards).

- Products must ensure food safety and safe usage according to current national regulations.

- Products must bear origin labels and comply with current national labeling regulations.

3. Environmental Protection

Production facilities must not have adverse impacts on the ecological environment.

4. Commercial Reputation: Products must be widely consumed in the market, ensuring commercial reputation, and there should be no complaints related to product quality.

Article 10. Evaluation Council

1. The Evaluation Council consists of members representing management agencies, production and business entities (production and business entities with registered products do not participate in the Council), industry associations, consumers, and scientists in the field of registered products.

2. The Director of the Department of Agriculture and Rural Development decides to establish the local Evaluation Council (preliminary selection council), consisting of five to seven people, including a Chairperson, Vice-Chairperson, two opposing members, and a Council Secretary.

3. The Minister of Agriculture and Rural Development decides to establish the Ministry-level Evaluation Council, consisting of seven to nine people, including a Chairperson, Vice-Chairperson, Secretary member, and two opposing members. The Council Chairperson is the Director of the Processing and Salt Industry Department. The Council Standing Committee includes the Chairperson, Vice-Chairperson, and Secretary. The Council Secretary is a specialist from the Processing and Forestry Products Department and the Salt Industry Department.

Article 11. Receipt and Processing of Registration Documents

1. The local Evaluation Council Secretary receives and examines the validity of the registration documents according to Articles 4, 5, and 7 of this Regulation, prepares a report to submit to the head of the agency establishing the Council.

2. The Ministry-level Evaluation Council Standing Committee receives the evaluation reports from the Department of Agriculture and Rural Development, successful preliminary selection documents, prepares a report to submit to the Minister of Agriculture and Rural Development.

Article 12. Principles of Operation of the Evaluation Council

1. The Evaluation Council operates on the principle of democracy with secret ballot voting.

2. A meeting of the Evaluation Council must have at least three-quarters of the members present, including the Chairperson and/or Vice-Chairperson, and at least one reviewing member. Absent reviewing members must provide comments and evaluations in writing.

3. Each council member is responsible for studying the dossier before the meeting, providing written comments and evaluations of the product (Annex 2).

4. The Ministry-level Evaluation Council only considers products that have been recommended by the foundation-level Evaluation Council.

Article 13. Procedure and Results of Evaluation

1. Foundation-level Evaluation

- Foundation-level evaluation is conducted no later than thirty days from the deadline for submitting the application dossier and is carried out in two steps: on-site evaluation (if deemed necessary) and dossier evaluation.

- On-site evaluation: The Council appoints a team of experts consisting of three people, including a team leader, who directly visit the production facility to assess the conformity of reality with the contents registered in the dossier. The expert team prepares an evaluation report to submit to the Council.

- Dossier evaluation: The Council convenes a full session, listens to the expert team's evaluation report; provides comments and evaluates the product by the council members; discusses and votes on the evaluation (Annex 3) for each product.

The counting committee, appointed by the Council, counts the votes, prepares minutes (Annex 4), and announces the voting results.

Products selected for certification are those receiving at least two-thirds of the council members' votes recommending certification.

- The Council prepares minutes (Annex 5) to submit to the head of the agency establishing the Council.

- Within fifteen days of receiving the Council's evaluation minutes, the Department of Agriculture and Rural Development prepares a report on the foundation-level evaluation results to submit to the Ministry-level Evaluation Council and publicly announce the evaluation results to organizations and individuals with registered products for certification.

- Ministry-level Evaluation

- Ministry-level evaluation is conducted no later than thirty days from the date of receipt of the foundation-level evaluation report.

- The Council Secretary sends the registration dossier and review comments (Annex 2) to the council members at least five days before the meeting.

- The Council convenes a full session, listens to the reviewing comments; comments and evaluations by the council members; discusses and votes on the evaluation (Annex 3) for each product.

- The counting committee, appointed by the Council, counts the votes, prepares minutes (Annex 4), and announces the voting results.

- Products recommended for certification as high-quality and reputable must receive at least two-thirds of the council members' votes recommending certification.

- The Council Secretary prepares minutes (Annex 5) of the Council meeting.

- The Council Chair prepares a report to submit to the Minister of Agriculture and Rural Development.

Article 14. Certification

1. The Minister of Agriculture and Rural Development issues a Decision and grants a Certificate of High Quality and Reputable Product to the product. The validity period of the Decision is five years.

2. The Ministry of Agriculture and Rural Development organizes a ceremony to present the Decision and Certificate to organizations and individuals whose products have been certified and promotes the certified products widely through mass media.

3. Upon expiration of the Decision's validity period, to be re-certified, the product must be re-evaluated according to the provisions of this Regulation.

4. In the first quarter of each year, the Ministry of Agriculture and Rural Development publishes a list of certified products and products whose certification Decision validity period has expired.

Chapter IV:

MANAGEMENT AND SUPERVISION

Article 15. Management and Supervision

1. The Ministry of Agriculture and Rural Development shall direct the Processing and Sea Salt Industry Department to take the lead, in coordination with provincial Departments of Agriculture and Rural Development and relevant agencies, to manage and supervise the quality and commercial reputation of certified products, as well as the activities of organizations and individuals whose products have been certified in relation to production, business, and promotion of such products.

2. Annually before December 15, organizations and individuals with certified products shall prepare reports on production status, consumption, and product quality and submit them to the provincial Department of Agriculture and Rural Development. The provincial Department of Agriculture and Rural Development shall compile these reports and submit them to the Processing and Sea Salt Industry Department before December 25.

certified establish a report on the situation of production, consumption, and product quality and send it to the provincial Department of Agriculture and Rural Development.

Article 16. Handling Violations

1. If organizations or individuals with certified products violate the provisions of Article 9 of this Regulation, depending on the severity, they may be temporarily suspended or their certification decision may be revoked.

2. During the period of temporary suspension, organizations and individuals must implement corrective actions and submit reports to the provincial Department of Agriculture and Rural Development and the Processing and Sea Salt Industry Department.

3. The temporary suspension, restoration of validity, or revocation of the certification decision shall be proposed by the Director of the Processing and Sea Salt Industry Department and decided upon by the Minister of Agriculture and Rural Development.

Chapter V:

RIGHTS AND RESPONSIBILITIES

Article 17. Rights

Organizations and individuals with certified high-quality and reputable products are permitted to publicize and advertise their products through mass media or other forms, and are allowed to use the High-Quality Agricultural Product Emblem on the labels of certified products.

Article 18. Responsibilities

1. Promoting products and using the Emblem must not create confusion that other products of the organization or individual are also certified as high-quality and reputable.

2. During the validity period of the certification decision, organizations and individuals with certified products must comply with the provisions of this Regulation and the terms committed in the certification application, bear responsibility for any changes related to the quality and commercial reputation of the certified product, and submit written reports to the provincial Department of Agriculture and Rural Development. The provincial Department of Agriculture and Rural Development shall compile these reports and submit them to the Processing and Sea Salt Industry Department.

Article 19. Complaints and Resolution of Complaints

1. Organizations and individuals with or without registered certification applications for high-quality and reputable Vietnamese agricultural products have the right to complain about the evaluation results and violations of the provisions of this Regulation.

2. Complaint letters must clearly state the name, address of the sender, and be submitted to the provincial Department of Agriculture and Rural Development and/or the Processing and Sea Salt Industry Department.

3. The Director of the provincial Department of Agriculture and Rural Development and the Director of the Processing and Sea Salt Industry Department are responsible for reviewing and responding in writing to complaints according to current national regulations.

4. In cases where the complainant disagrees with the content of the response from the Director of the provincial Department of Agriculture and Rural Development or the Director of the Processing and Sea Salt Industry Department, they may appeal to the Minister of Agriculture and Rural Development. The Minister's decision is final.

Chapter VI:

FINAL PROVISIONS

Article 20. Amendment and Supplement to the Regulation

The amendment and supplement to this Regulation shall be proposed by the Director of the Processing Department under the Ministry of Agriculture and Rural Development and decided by the Minister of Agriculture and Rural Development.