Circular No. 38/2010/TT-BNNPTNT on Plant Protection Chemical Management

This Circular stipulates plant protection chemical management, including registration, production, import, trade, transportation, use, and disposal. It applies to domestic and foreign organizations and individuals involved in plant protection chemical management.

Document No.38/2010/TT-BNNPTNT
Document typeCircular
Issuing authorityMinistry of Agriculture and Environment
Signed byBùi Bá Bổng — Thứ trưởng
Updated26/06/2026
SectorAgriculture and Rural Development
FieldUncategorized
Issued date28/06/2010
Effective date12/08/2010
Expiry date25/02/2013
StatusExpired
✦ Smart summary

This Circular stipulates plant protection chemical management, including registration, production, import, trade, transportation, use, and disposal. It applies to domestic and foreign organizations and individuals involved in plant protection chemical management.

Scope of application

Domestic and foreign organizations and individuals involved in plant protection chemical management.

Key points

  • Types of plant protection chemicals intended for use in Vietnam must be registered according to Article 4.
  • Plant protection chemicals shall not be registered if they are listed in the prohibited or restricted use list, pursuant to Article 5.
  • The registration dossier for plant protection chemicals includes various specific documents, according to Article 7.
  • The validity period of the Registration Certificate and Trial Permit is five years, pursuant to Article 10.
  • Organizations producing, processing, bottling, and packaging plant protection chemicals must meet the conditions set forth in Article 12.

🌐 Social impact of this document

  • Establishing a strict management system for plant protection chemicals to ensure safety and effectiveness in their use.
  • Reducing the risk of improper use of plant protection chemicals, which may affect human health and the environment.
  • It may increase production and import costs for businesses.

❓ Frequently asked questions

Which plant protection chemicals are required to be registered?

Newly created domestic types of plant protection chemicals that have become commercial products abroad and are being introduced for the first time in Vietnam must be registered according to Article 3.

When are plant protection chemicals not allowed to be registered?

Plant protection chemicals listed in the prohibited or restricted use list, those not yet registered for use abroad, and those included in the warning lists of the Food and Agriculture Organization (FAO) and the United Nations Environment Programme (UNEP) shall not be registered according to Article 5.

What does the registration dossier for plant protection chemicals include?

The official registration dossier includes the Application Form, Power of Attorney, Confirmation Letter, Technical Documentation, Label Sample, and Biological Efficacy Test Results, according to Article 7.

What is the validity period of the Registration Certificate for plant protection chemicals?

The validity period of the Registration Certificate is five years, pursuant to Article 10.

What conditions must organizations producing, processing, bottling, and packaging plant protection chemicals meet?

These organizations must meet the conditions stipulated in Article 7 of Decree No. 58/2002/NĐ-CP and Article 12 of Decree No. 108/2008/NĐ-CP, including certification for the production manager, according to Article 12.

Full text

CIRCULAR

Regulations on Plant Protection Chemical Management

______________________________

Based on 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 and 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;

Based on the Plant Protection and Quarantine Decree dated July 25, 2001;

Pursuant to the Regulation on Plant Protection Chemical Management issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government;

Based on Decree No. 104/2009/ND-CP dated November 9, 2009 of the Government stipulating the list of dangerous goods transported by road vehicles;

The Ministry of Agriculture and Rural Development hereby stipulates regulations on plant protection chemical management as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates registration; production, processing, bottling, packaging; export, import; trading; storage, transportation; use; destruction; labeling; packaging; seminars, advertising; efficacy testing, quality control, and residue levels of plant protection chemicals in Vietnam.

Article 2. Applicability

This Circular applies to organizations and individuals both within and outside Vietnam involved in plant protection chemical management activities.

Chapter II

REGISTRATION OF PLANT PROTECTION CHEMICALS

Article 3. General Principles

1. Each active ingredient or technical product of a manufacturer shall only be registered under one trade name for pest control or crop growth regulation purposes.

If these products are used for warehouse disinfection, storage preservation of agricultural and forestry products, or termite control in construction projects and dikes, they may be registered under an additional trade name.

2. Domestic or foreign organizations and individuals who produce active ingredients or technical products may directly register their names or authorize another organization or individual once to register one trade name for one active ingredient or technical product produced by themselves.

3. Organizations and individuals named in the registration have the right to change the manufacturer according to requirements or transfer the registered product name according to agreement. After the transfer, the registering entity and the entity receiving the transfer of the registration name shall not use the same type of active ingredient to register another product name. Any changes in the manufacturer or transfer of the registered product name must be approved by the Plant Protection Department and relevant legal procedures must be completed.

4. All types of plant protection chemicals seeking registration must undergo biological efficacy testing in Vietnam. Biological efficacy testing shall be conducted in accordance with Chapter XII of this Circular.

Plant protection chemicals derived from chemical sources seeking formal registration, trade naming, or mixing must undergo narrow and wide-scale biological efficacy testing.

Plant protection chemicals derived from biological sources seeking formal registration, trade naming, or mixing; Plant protection chemicals seeking supplementary registration for usage scope, dosage, application method, formulation, and active ingredient content must undergo wide-scale biological efficacy testing.

5. Chemical-origin plant protection chemicals being registered for the first time for pest control (excluding herbicides for fruit trees and tea); for regulating growth of specific fruit tree varieties from the fruiting stage, tea plants, specific vegetable varieties; for post-harvest preservation of agricultural products must conduct retesting to determine isolation periods in Vietnam and shall be carried out in accordance with Chapter XII of this Circular.

6. Chemical-origin plant protection chemicals whose active ingredients belong to Group III or Group IV according to Clause 1, Clause 7, Appendix 4 of this Circular, which do not belong to organochlorine groups, have a maximum isolation period of seven days in Vietnam, and have passed the required biological efficacy testing in Vietnam may be registered for pest control, regulating growth of fruit trees, tea plants, and vegetables or for post-harvest preservation of agricultural products.

7. Plant protection chemicals that have been separately registered for controlling the same type of pest may be recommended for mixing when used, but shall not bear a separate name unless approved by the Ministry of Agriculture and Rural Development.

Article 4. Types of plant protection products that must be registered for use in Vietnam

1. Plant protection products containing active ingredients not listed in the directory of permitted plant protection products in Vietnam.

2. Plant protection products containing active ingredients already listed in the directory of permitted plant protection products but under different trade names.

3. Plant protection products with trade names listed in the directory of permitted uses, supplemented with new scope of use, dosage, application method, form, or concentration of active ingredients, or mixed together to form new products.

4. Finished products with acute toxicity group I or finished products with acute toxicity group II but containing active ingredients in toxicity group I, as stipulated in Item 1, Item 7, Appendix 4 of this Circular, specifically used for warehouse disinfection, wharf disinfection; timber preservation; termite control in construction works, dykes; rodent control.

Article 5. Types of plant protection products that shall not be registered for use in Vietnam

1. Plant protection products listed in the directory of prohibited plant protection products; plant protection products listed in the directory of restricted plant protection products in Vietnam for pest control in fields.

2. Plant protection products containing active ingredients invented by individuals or organizations from foreign countries but not yet registered for use abroad.

3. Plant protection products with trade names identical to those of active ingredients or trade names of registered plant protection products.

4. Finished products with acute toxicity group I or finished products with acute toxicity group II but containing active ingredients in toxicity group I, as stipulated in Item 1, Item 7, Appendix 4, except for the products specified in Clause 4, Article 4 of this Circular.

5. Types of products listed in warning directories of the Food and Agriculture Organization of the United Nations (FAO) and the United Nations Environment Programme (UNEP); types of plant protection products in Appendix 3 of the Rotterdam Convention.

6. Plant protection products containing methyl bromide.

Article 6. Forms of registration

1. Official Registration

Types of plant protection products subject to official registration include:

a) Newly created domestically and recognized by the Plant Protection Department as a type of plant protection product.

b) Already commercialized abroad but first introduced for use in Vietnam.

2. Supplementary registration

Types of plant protection products subject to supplementary registration include:

a) Containing active ingredients similar to those of other organizations or individuals who have been officially registered within three years from the date this Circular on the issuance of the directory of plant protection products by the Ministry of Agriculture and Rural Development takes effect.

b) Having different trade names from those of plant protection products with the same active ingredients listed in the directory of permitted uses.

c) Supplementing scope of use, dosage, application method, form, or concentration of active ingredients.

d) Mixing two or more active ingredients to form a new product.

3. Extension of Registration

a) Extension of registration applies to types of plant protection products listed in the directory of permitted uses, restricted uses in Vietnam when the Certificate of Registration expires.

b) The application for extension of registration must be submitted within three months before the expiration of the Certificate of Registration. Plant protection products that do not complete the extension procedures within the prescribed time will be removed from the directory of permitted uses, restricted uses in Vietnam.

c) Registration extension will not be granted for plant protection products specified in Clause 4, Clause 5, Article 5 of this Circular at the time of expiration of the registration certificate.

Article 7. Plant protection product registration dossier

1. Official registration dossier

a) The plant protection product registration form as stipulated in Appendix 1 of this Circular;

b) Power of attorney from the active substance manufacturer or technical product manufacturer requesting registration;

c) Confirmation certificate (original or certified copy) issued by the competent authority of the country of origin certifying the applicant as the active substance manufacturer or technical product manufacturer;

d) Detailed technical documentation in Vietnamese or English, copied and translated from the original, with confirmation stamp of the active substance manufacturer or technical product manufacturer as specified in Appendix 3 of this Circular;

đ) Photocopy of the drug registration certificate for use abroad;

e) Drug label sample as prescribed in Chapter IX of this Circular;

g) Results of biological efficacy trials and results of isolation period determination trials as prescribed;

h) Certified copy of industrial property right protection certificates issued by the National Office of Intellectual Property of Vietnam or certified copy of power of attorney, assignment agreement for the protection certificates of products in Vietnam issued by the owners of such products (if any).

2. Supplementary registration dossier

a) Trade name, mixture

- The plant protection product registration form as stipulated in Appendix 1 of this Circular;

- Power of attorney from the active substance manufacturer or technical product manufacturer requesting registration;

- Confirmation certificate (original or certified copy) issued by the competent authority of the country of origin certifying the applicant as the active substance manufacturer or technical product manufacturer;

- Detailed technical documentation in Vietnamese or English, copied and translated from the original, with confirmation stamp of the active substance manufacturer or technical product manufacturer as specified in Appendix 3 of this Circular;

- Drug label sample as prescribed in Chapter IX of this Circular;

- Results of biological efficacy trials and results of isolation period determination trials as prescribed;

- Certified copy of industrial property right protection certificates issued by the National Office of Intellectual Property of Vietnam or certified copy of power of attorney, assignment agreement for the protection certificates of products in Vietnam issued by the owners of such products (if any).

b) Supplementing drug form, active substance content.

- The plant protection product registration form as stipulated in Appendix 1 of this Circular;

- Detailed finished product technical documentation in Vietnamese or English, copied and translated from the original, with confirmation stamp of the active substance manufacturer or technical product manufacturer as specified in Appendix 3 of this Circular;

- Photocopy of the plant protection product registration certificate;

- Drug label sample as prescribed in Chapter IX of this Circular;

- Results of biological efficacy trials and results of isolation period determination trials as prescribed.

c) Supplementing scope of use, dosage, application method

- The plant protection product registration form as stipulated in Appendix 1 of this Circular;

- Photocopy of the plant protection product registration certificate;

- Drug label sample as prescribed in Chapter IX of this Circular;

- Results of biological efficacy trials and results of isolation period determination trials as prescribed.

3. Registration renewal dossier

a) The plant protection product registration form as stipulated in Appendix 1 of this Circular;

b) Original Certificate of Registration of Plant Protection Products;

c) Report on the quantity or value of the product imported, produced, processed, bottled, packaged, traded, and used annually in Vietnam;

d) Drug label sample as prescribed in Chapter IX of this Circular.

4. Manufacturer change dossier

a) Application form as stipulated in Appendix 2 of this Circular;

b) Power of attorney from the active substance manufacturer or technical product manufacturer;

c) Confirmation certificate (original or certified copy) issued by the competent authority of the country of origin certifying the applicant as the active substance manufacturer or technical product manufacturer;

d) Detailed technical documentation in Vietnamese or English, copied and translated from the original, with confirmation stamp of the active substance manufacturer or technical product manufacturer as specified in Section II, Appendix 3 of this Circular;

đ) Original Certificate of Registration of Plant Protection Products;

e) Drug label sample as prescribed in Chapter IX of this Circular.

5. Trade name change dossier

A plant protection product can only change its trade name if there is a written conclusion from a competent state agency regarding intellectual property rights or from a court regarding trademark infringement. The old trade name will be canceled and cannot be reused.

The trade name change dossier for plant protection products submitted to the registration authority includes:

a) Application form as stipulated in Appendix 2 of this Circular;

b) Written conclusion from a competent state agency regarding intellectual property rights or from a court regarding trademark infringement;

c) Original Certificate of Registration of Plant Protection Products;

d) Drug label sample as prescribed in Chapter IX of this Circular.

6. Dossier for transfer of registered plant protection products

a) Application form as stipulated in Appendix 2 of this Circular;

b) Legally certified copy of the transfer contract or agreement for the product;

c) Original Certificate of Registration of Plant Protection Products;

d) Drug label sample as prescribed in Chapter IX of this Circular.

Article 8. Reference Standards

Organizations and individuals registering official drugs; trademarking products; mixtures must submit reference standards to the registration authority upon issuance of the trial permit.

The quantity of reference standards to be submitted is 02g (two grams). Reference standards must be quality certified by the manufacturer and have an expiration date of two years or more.

Article 9. Registration Authority and Responsibilities of the Registration Authority

1. The Plant Protection Department is the registration authority for plant protection drugs in Vietnam.

2. Responsibilities of the registration authority:

a) Accept registration files and reference standards.

b) Review, retain, and keep confidential files.

c) Provide review results and issue the Plant Protection Drug Trial Permit according to the model in Appendix 12 of this Circular within three working days from the date of receiving complete valid files. In cases where a trial permit is not issued, a written notification must be provided to the organization or individual named in the registration.

d) Organize advisory council meetings to review officially registered drugs, seek opinions from advisory council members on supplementary drug registrations, and prepare files for the Ministry of Agriculture and Rural Development to issue the Circular approving the list of permitted, restricted, and prohibited plant protection drugs after the advisory council's examination and recommendation.

Provide a written response to organizations and individuals whose drug registrations are not accepted by the advisory council due to technical reasons.

đ) Issue the Plant Protection Drug Registration Certificate according to the model in Appendix 13 of this Circular when the Circular issued by the Ministry of Agriculture and Rural Development regarding the list of permitted, restricted, and prohibited plant protection drugs becomes effective.

e) Reissue the Plant Protection Drug Registration Certificate.

g) Collect fees and charges for issuing the Plant Protection Drug Trial Permit and Registration Certificate according to current regulations.

Article 10. Validity Period of Permits

The validity period of the Registration Certificate and the Trial Permit for plant protection drugs is five years.

Article 11. Registration Fees and Charges

Organizations and individuals registering plant protection drugs must pay registration fees and charges according to current regulations.

Chapter III

PRODUCTION, MANUFACTURING, REPACKAGING, AND PACKAGING OF PLANT PROTECTION DRUGS

Article 12. General Principles

1. Only drugs listed in the approved and restricted use categories of plant protection drugs in Vietnam and those already permitted for importation for re-export purposes under contracts signed with foreign countries can be produced, manufactured, repackaged, and packaged.

2. Organizations and individuals producing, manufacturing, repackaging, and packaging plant protection drugs must meet the conditions stipulated in Article 7 of the Plant Protection Drug Management Regulations promulgated together with Decree No. 58/2002/ND-CP dated June 3, 2002 (hereinafter referred to as Decree No. 58/2002/ND-CP) and Article 12 of Government Decree No. 108/2008/ND-CP dated October 7, 2008 detailing and guiding the implementation of certain provisions of the Chemical Law.

3. Individuals directly managing the production, manufacturing, repackaging, and packaging of plant protection drugs must hold a practice certificate issued by the Provincial or Central City Plant Protection Sub-department.

4. Individuals applying for a practice certificate for the production, manufacturing, repackaging, and packaging of plant protection drugs must meet the conditions stipulated in Article 8 of the aforementioned Plant Protection Drug Management Regulations.

5. Procedures for issuing practice certificates for the production, manufacturing, repackaging, and packaging of plant protection drugs are specified in Decision No. 97/2008/QĐ-BNN dated October 6, 2008 of the Minister of Agriculture and Rural Development concerning the issuance of practice certificates for the production, manufacturing, repackaging, packaging, and trading of plant protection drugs.

Article 13. Registration for the production, processing, bottling, and packaging of plant protection chemicals

1. The competent state agency shall only issue business registration for activities related to the production, processing, bottling, and packaging of plant protection chemicals when the person directly managing and operating such activities holds a professional certificate issued by the local state management agency on plant protection.

2. Foreign organizations and individuals meeting the conditions stipulated in Articles 7 and 8 of Decree No. 58/2002/NĐ-CP and having a need to engage in the production, processing, bottling, and packaging of plant protection chemicals in Vietnam must submit their dossier to the Ministry of Agriculture and Rural Development (Plant Protection Department), including:

a) A report on the production, processing, bottling, and packaging of plant protection chemicals;

b) A legally certified copy of economic and technical justification regarding the form of operation (production, processing, bottling, packaging); about the types of chemicals to be produced, processed, bottled, and packaged; about the duration of the project's operation;

c) An extract from the curriculum vitae and a legally certified copy of the professional qualification certificates of the person directly managing the production, processing, bottling, and packaging of plant protection chemicals, if they are foreigners.

Article 14. Responsibilities of organizations and individuals producing, processing, bottling, and packaging plant protection chemicals

1. To submit periodic written reports to the Plant Protection Department on the situation of production, processing, bottling, and packaging of plant protection chemicals annually in the fourth quarter.

2. To notify in writing the Plant Protection Department of any changes in the factory or workshop location; production capacity, form of operation, types of chemicals produced, processed, bottled, and packaged, including discontinuing production, processing, bottling, and packaging.

3. To bear legal responsibility if their activities in the production, processing, bottling, and packaging of plant protection chemicals adversely affect people, livestock, and the environment; to be responsible for the quality of their products when put into circulation and use.

Article 15. Responsibilities of the Plant Protection Department

1. To receive dossiers on the production, processing, bottling, and packaging activities of foreign organizations and individuals.

2. To respond in writing within three working days from the date of receipt of complete dossiers as stipulated in Clause 2, Article 13 of this Circular, accepting or rejecting the dossiers submitted by units requesting to engage in production, processing, bottling, and packaging activities of plant protection chemicals.

3. To receive reports on production, processing, bottling, and packaging activities; notifications of discontinuation of production, processing, bottling, and packaging activities of plant protection chemicals from organizations and individuals and to compile reports for submission to the Ministry of Agriculture and Rural Development.

4. To organize regular annual inspections and spot checks of production, processing, bottling, and packaging facilities upon request.

Chapter IV

EXPORT AND IMPORT OF PLANT PROTECTION CHEMICALS

Article 16. General Principles

1. Organizations and individuals holding a Business Registration Certificate for the trade in plant protection chemicals or agricultural supplies; and a Registration Number for Export and Import issued by the General Department of Taxation are permitted to export and import plant protection chemicals.

2. For types of chemicals and raw materials for plant protection chemicals listed in the directory of chemicals allowed for use in Vietnam issued by the Ministry of Agriculture and Rural Development, import procedures must only be completed at customs authorities.

3. For types of chemicals and raw materials for plant protection chemicals listed in the directory of chemicals restricted for use in Vietnam issued by the Ministry of Agriculture and Rural Development; plant protection chemicals not included in the directory of chemicals allowed for use in Vietnam imported for research, testing, for use in foreign projects in Vietnam, for special cases, or for re-export under contracts signed with foreign countries must obtain an import permit from the Ministry of Agriculture and Rural Development or a unit authorized by the Ministry of Agriculture and Rural Development. Plant protection chemicals in the restricted use directory can only be permitted for import quarterly.

4. It is prohibited to import types of chemicals and raw materials for plant protection chemicals listed in the directory of chemicals banned for use in Vietnam issued by the Ministry of Agriculture and Rural Development. In cases where standard substances for plant protection chemicals listed in the directory of chemicals banned for use are imported for residue testing purposes or for confiscated plant protection chemicals, such imports must be approved by the Ministry of Agriculture and Rural Development or a unit authorized by the Ministry of Agriculture and Rural Development.

5. Plant protection chemicals in the directory of chemicals allowed for use or restricted use must be imported in finished product form with active ingredient content and formulation identical to those of registered finished products; in raw material (technical grade) form, the minimum active ingredient content must be equal to that of raw materials already included in the directory of chemicals allowed for use or restricted use in Vietnam.

6. Plant protection chemicals in the directory of chemicals allowed for use or restricted use must be accompanied by a certificate of origin and must meet all technical specifications of the registered chemicals in Vietnam.

7. For plant protection chemicals authorized for import, the authorized importing unit must present a letter of authorization from the unit named in the registration of plant protection chemicals in Vietnam.

8. By the end of the fourth quarter each year, organizations and individuals importing plant protection chemicals must submit written reports on their import situation to the Plant Protection Department.

9. The format of the Import Permit for plant protection chemicals specified in Appendix 7 of this Circular is valid for the entire consignment and for the period stated on the permit.

Article 17. Documents for Issuing Import Permit for Plant Protection Chemicals and Raw Materials

1. Application form for issuing Import Permit for plant protection chemicals and raw materials as specified in Appendix 6 of this Circular;

2. A certified copy of Business Registration Certificate for the trade of plant protection chemicals or agricultural supplies (only submitted once);

3. A certified copy of Export-Import Enterprise Code issued by the General Department of Taxation (only submitted once);

4. In case of importing plant protection chemicals and raw materials for re-export, one certified copy of the export contract and one certified copy of the import contract with foreign partners, and one certified copy of the customs clearance certificate from the border customs office regarding the consignment after completing the re-export process must be submitted;

5. In case of importing plant protection chemicals and raw materials without brand name and active ingredient listed in the permitted usage list for foreign investment projects in Vietnam, a certified copy of the Foreign Investment License issued by the competent Vietnamese authority must be submitted (only submitted once).

Article 18. Exporting and Importing Plant Protection Chemicals Containing Methyl Bromide

1. Prohibiting the import and export of plant protection chemicals containing methyl bromide from or to any country not participating in the Montreal Protocol;

2. Organizations importing plant protection chemicals containing methyl bromide must have a Certificate of Qualification for Fumigation and Disinfection Services. They must register specifically with the Plant Protection Agency the quantity of methyl bromide imported for different purposes: plant quarantine/disinfection for export (QPS) and other purposes (non-QPS) before December 15 of the previous year;

3. The Plant Protection Agency allocates the quantity of methyl bromide imported in the previous year before January 30 of the following year based on the registration, scale of operation of organizations engaged in fumigation and disinfection services, and the phased-out schedule of methyl bromide that Vietnam has committed to internationally;

4. The model of Import Permit for methyl bromide is specified in Appendix 8 of this Circular; the validity period of the import permit is December 31 of the year it is issued and cannot be extended under any circumstances;

5. Organizations are not allowed to import methyl bromide if they violate any of the following cases:

a) Failure to comply with reporting requirements or providing false reports on the situation of importing, using, and trading methyl bromide;

b) Using methyl bromide for purposes not registered or changing the purpose of use from plant quarantine/disinfection for export (QPS) to other purposes (non-QPS);

c) Supplemental imports for activities outside the scope of plant quarantine and export disinfection (non-QPS);

6. Responsibilities of organizations exporting and importing plant protection chemicals containing methyl bromide

a) Only allowed to use methyl bromide according to the registration with the Plant Protection Agency and must be subject to inspection by the state management agency in the use of methyl bromide;

b) Only allowed to sell plant protection chemicals containing methyl bromide to organizations having the qualification for fumigation and disinfection services as stipulated by law;

c) Must report annually to the Plant Protection Agency on the fumigation and disinfection activities and the trading of methyl bromide according to the model specified in Appendix 9 of this Circular. The deadline for submitting the mid-year report is July 15 and the annual report is January 15 of the following year;

d) Organizations and individuals exporting plant protection chemicals containing methyl bromide, in addition to the above requirements, must also comply with the provisions of Clause 1, Article 16 of this Circular;

Chapter V

TRADING IN PLANT PROTECTION CHEMICALS

Article 19. General Principles

1. Organizations and individuals engaged in the sale of plant protection products must meet the conditions stipulated in Article 16 of Decree No. 58/2002/NĐ-CP and Article 7 of Decree No. 59/2006/NĐ-CP dated June 12, 2006, of the Government detailing the implementation of the Law on Trade regarding goods and services prohibited from trade, restricted trade, and conditional trade.

2. Only plant protection products listed in the permitted and restricted use catalogues issued annually or supplemented by the Ministry of Agriculture and Rural Development may be sold.

3. Only finished plant protection products within their shelf life, with clear origin and labeling in compliance with Chapter IX of this Circular and other relevant laws on product labeling may be sold.

4. Individuals directly involved in the sale of plant protection products must hold a practice certificate issued by the Plant Protection Sub-department of the province or centrally-administered city.

Article 20. Registration for Sale of Plant Protection Products

1. The competent state agency shall only issue business registration for the sale of plant protection products if the seller holds a practice certificate issued by the Plant Protection Sub-department of the province or centrally-administered city.

2. Applicants for a practice certificate for the sale of plant protection products must meet the conditions stipulated in Article 17 of Decree No. 58/2002/NĐ-CP.

3. Procedures for issuing a practice certificate for the sale of plant protection products are specified in Decision No. 97/2008/QĐ-BNN dated October 6, 2008, of the Minister of Agriculture and Rural Development concerning the issuance of practice certificates for the production, processing, bottling, packaging, and sale of plant protection products.

Article 21. Locations for Selling Plant Protection Products

The location for selling plant protection products must have the written consent of the commune or ward authority; it must be far from residential areas, schools, hospitals, markets, and water sources; it must ensure safety for people, animals, and the environment; it must not be prone to flooding under any circumstances; it must have adequate fire prevention and explosion control equipment and comply with the requirements set forth in Clause 2, Article 19 of Decree No. 58/2002/NĐ-CP.

Chapter VI

TRANSPORTATION AND STORAGE OF PLANT PROTECTION PRODUCTS AND RAW MATERIALS

Article 22. General Principles

1. Transportation of plant protection products and raw materials must comply with the provisions of Decree No. 104/2009/NĐ-CP dated November 9, 2009, of the Government detailing dangerous goods and transportation of dangerous goods by road transport vehicles, traffic regulations for roads, railways, inland waterways, and other relevant laws.

2. Transportation of plant protection products and raw materials must follow the schedule recorded in the contract or other relevant documents on the transportation of plant protection products between the vehicle owner and the cargo owner.

3. Transportation of plant protection products and raw materials must ensure safety for people and the environment. Vehicles must not stop in crowded places near schools, hospitals, markets, or sources of drinking water.

4. Plant protection products and raw materials can only be transported when they are properly packaged, labeled, and have been issued a transportation permit by the competent authority in accordance with Article 24 of this Circular.

5. Plant protection products that react with each other must not be transported together on the same vehicle.

6. Strictly prohibit the transportation of plant protection products and raw materials on vehicles carrying passengers, animals, foodstuffs, flammable and explosive substances, and other goods (except fertilizers).

Article 23. Transport of Plant Protection Chemicals and Raw Materials

1. Persons transporting plant protection chemicals and raw materials

a) The driver and escort must be fully aware of the hazardous nature of plant protection chemicals and raw materials such as toxicity, flammability, explosiveness, corrosiveness, and must know how to handle initial incidents during the transport of plant protection chemicals and raw materials, and comply with the laws on the transportation of dangerous goods.

b) The driver of vehicles transporting plant protection chemicals and raw materials, in addition to current national certificates for operating vehicles on public roads, must also hold a Certificate of Occupational Safety Training for the transportation of plant protection chemicals and raw materials.

c) The escort must be trained in occupational safety for the transportation of plant protection chemicals and raw materials.

2. Packaging, containers, or cargo boxes containing plant protection chemicals and raw materials during transport

a) Must be made from durable, water-resistant materials;

b) Must have a hazard symbol featuring a black skull and crossbones on a white background in a square placed diagonally. The size of the hazard symbol affixed to each box containing plant protection chemicals and raw materials is 100mm x 100mm, and for containers, it is 250mm x 250mm according to the model specified in Clause 1, Section II, Appendix 5 of this Circular.

c) Must have a rectangular warning sign in orange, with the United Nations Number (UN) in the center, the size of the warning sign being 300mm x 500mm according to the model specified in Clause 2, Section II, Appendix 5 of this Circular, located below the hazard symbol.

3. Vehicles transporting plant protection chemicals and raw materials

a) Common transport vehicles permitted by competent authorities to carry goods may be used to transport plant protection chemicals and raw materials.

b) Vehicles transporting plant protection chemicals and raw materials must meet the following technical conditions:

- Not to use flatbed trucks to transport plant protection chemicals;

- To have appropriate firefighting equipment suitable for plant protection chemicals and raw materials during transport;

- To have a roof or tarpaulin securely covering the entire cargo area to ensure waterproofing during transport.

c) Vehicles transporting plant protection chemicals and raw materials must be positioned at the rear of each ferry trip if the ferry terminal does not have a dedicated ferry for dangerous goods.

d) Vehicles transporting containers of plant protection chemicals and raw materials must display the hazard symbol corresponding to the type of goods being transported. The size of the hazard symbol affixed to the vehicle is 500mm x 500mm. The hazard symbol must be affixed on both sides and the rear of the vehicle.

4. Handling Incidents

In case of incidents due to breakage or traffic accidents during the transport of plant protection chemicals and raw materials, the driver, escort, or owner of the goods must handle the incident and immediately report to the local authority or nearest state agency to take measures to prevent and promptly address the consequences caused by leakage of the chemicals. The violator shall bear all costs of remediation.

Article 24. Permit for Transporting Pesticides and Raw Materials for Pesticides

1. Organizations and individuals transporting pesticides and raw materials for pesticides with a quantity of 1,000 kg per vehicle or more must have a dangerous goods transport permit issued by the competent authority.

2. The Department of Agriculture and Rural Development of provinces and centrally governed cities has the authority to issue or delegate to local plant protection agencies the issuance of the Permit for Transporting Pesticides and Raw Materials for Pesticides. This permit is valid nationwide.

3. The term of the Permit for Transporting Pesticides and Raw Materials for Pesticides shall be issued for each shipment or period but not exceeding twelve months from the date of issuance.

4. The model of the Permit for Transporting Pesticides and Raw Materials for Pesticides is specified in Appendix 11 of this Circular.

Article 25. Procedures for Issuing the Permit for Transporting Pesticides and Raw Materials for Pesticides

1. Documents:

a) Application for issuing the Permit for Transporting Pesticides and Raw Materials for Pesticides as prescribed in Appendix 10 of this Circular;

b) A copy of the certificate of training on occupational safety in the transportation of pesticides and raw materials for pesticides (the original must be presented for verification when submitting);

c) A certified true copy of the supply contract or transportation contract for pesticides and raw materials for pesticides;

d) The route of cargo transportation, address and telephone number of the consignor.

2. Time limit for issuance: three working days from the date of submission of complete and valid application.

Article 26. Contents of Occupational Safety Training in the Transportation of Pesticides and Raw Materials for Pesticides

Drivers, escorts, and warehouse keepers are trained and instructed on the following contents:

1. Contents of occupational safety training as stipulated in Circular No. 37/2005/TT-BLDTBXH dated December 29, 2005, of the Ministry of Labor, Invalids, and Social Affairs regarding guidance on occupational safety training and labor hygiene;

2. Documents related to the transportation and storage of hazardous chemicals;

3. Characteristics of pesticides;

4. Hazard signs and symbols of goods;

5. Measures to ensure safety during the transportation of pesticides and raw materials for pesticides (rescue, road safety, basic knowledge about protective equipment usage);

6. Preventive measures and handling procedures for accidents involving each type of pesticide.

Article 27. Responsibilities for Organizing Training and Issuing Certificates of Training

1. The Plant Protection Department under the Ministry of Agriculture and Rural Development is responsible for developing the content and training programs for warehouse keepers, escorts, and drivers of vehicles transporting pesticides.

2. The Department of Agriculture and Rural Development of provinces and centrally governed cities or delegating to local plant protection agencies cooperate with training institutions, vocational schools, and enterprises to organize training according to the content and program specified in Clause 1 of this Article and issue certificates of training.

3. Units engaged in the transportation of pesticides and raw materials for pesticides must ensure that drivers, escorts, and warehouse keepers of pesticides are trained according to the contents specified in Article 26 of this Circular. Annual supplementary training and review of knowledge must be organized.

Article 28. Pesticide Storage Facility

The pesticide storage facility must meet the following requirements:

1. The location of the pesticide storage facility outside industrial zones must be approved in writing by the commune-level authority or higher.

2. The storage facility must be constructed solidly with fire-resistant materials, not prone to flooding, ensuring good ventilation, and facilitating the operation of firefighting equipment.

3. The storage facility must have firefighting tools, protective gear against poisoning, first aid supplies, and warning signs displaying a skull and crossbones symbol in black on a white background within a square placed diagonally, matching the size of the hazardous material symbols specified in Clause 1, Section II of Appendix 5 of this Circular.

4. The pesticide storage facility must comply with environmental protection laws.

Article 29. Pesticide Storage

1. Pesticide storage must ensure safety for people, livestock, and the surrounding environment.

2. The warehouse manager must be trained in occupational safety regarding pesticide storage.

3. In cases where pesticides leak or spread causing harm to the ecosystem and environment, the owner of the pesticides must take responsibility for remediation under the guidance or inspection of the plant protection agency, environmental management agency, nearest People's Committee, and bear all costs associated with remediation.

Chapter VII

USE OF PESTICIDES

Article 30. General Principles

1. Pesticides can only be used from the list of permitted pesticides or the restricted use list issued by the Ministry of Agriculture and Rural Development.

2. It is strictly prohibited to use pesticides listed in the banned pesticide list in Vietnam; pesticides not included in the permitted list or restricted use list; pesticides of unknown origin or source; pesticides without labels or with labels only in foreign languages.

3. Pesticides must be used according to the instructions provided on the label.

4. The use of pesticides must adhere to the four correct principles (correct pesticide, correct timing, correct dosage and concentration, correct method) and must comply with the isolation period indicated on the label.

Article 31. Responsibilities of Pesticide Users

Pesticide users must be held legally responsible for the following actions:

1. Using pesticides arbitrarily, not following recommended techniques, failing to ensure isolation periods, leaving pesticide residues in agricultural products exceeding permissible levels.

2. Using banned pesticides, using pesticides not listed, using pesticides of unknown origin or source.

3. Discarding pesticide packaging indiscriminately, dumping pesticides or pesticide water causing adverse effects on human health, livestock, ecosystems, and the environment.

If using pesticides causes material damage to others, compensation must be provided.

Article 32. Responsibilities of Management Agencies and Pesticide Business Units

1. Provincial and centrally-administered city plant protection and quarantine agencies shall cooperate with relevant departments to inspect pesticide usage in production areas, particularly in specialized vegetable, tea, and fruit production areas; identify and handle deliberate violations of general pesticide usage principles as stipulated in Article 30 of this Circular.

2. Commune-level authorities are responsible for managing pesticide sales and usage locally; coordinating with specialized plant protection and quarantine agencies to promote effective pesticide usage and address violations.

3. Domestic and foreign organizations and individuals engaged in pesticide business and trade must provide clear guidance to buyers, and they must be held legally accountable and compensate for economic losses resulting from insufficient, incorrect, or inaccurate promotional, advertising, and usage guidance that leads to confusion among buyers and users, harming human health, livestock, the environment, and production.

Chapter VIII

DISPOSAL OF PESTICIDES AND PESTICIDE PACKAGING

Article 33. General Principles

The destruction of pesticides and pesticide packaging must comply with the requirements stipulated in Article 22 of Decree No. 58/2002/NĐ-CP and the legal provisions on the destruction of hazardous waste.

Article 34. Destruction Process

1. During the collection and destruction of pesticides and pesticide packaging, there shall be no spillage, dispersion, or increase in hazardous waste released into the environment; safety for people, animals, and the ecological environment must be ensured.

2. The destruction of pesticides and pesticide packaging shall be carried out in accordance with the legal provisions on environmental protection.

3. Organizations and individuals possessing pesticides and pesticide packaging that must be destroyed shall bear all costs associated with the destruction. If pesticides and pesticide packaging that must be destroyed have no owner in any locality, the People's Committee of the province or centrally governed city where such pesticides and packaging are located shall allocate funds from the budget to carry out the destruction in compliance with regulations.

Chapter IX

LABELS FOR PESTICIDES

Article 35. General Principles

1. All types of pesticides sold and used must have labels in Vietnamese, the content of which must correspond to the content approved in the label model when reviewed and registered, and must comply with current legal provisions on product labeling as stipulated in Government Decree No. 89/2006/NĐ-CP dated August 30, 2006, concerning product labeling and the Global Harmonized System for Classification and Labeling of Chemicals.

2. Labels must be printed in standard font size, at least 8 points, clearly visible, easy to read, not prone to fading or tearing during circulation, storage, transportation, and use.

3. Labels must be firmly attached or printed directly on the pesticide packaging.

4. The background color of the label must not match the color indicating the toxicity level of the pesticide.

5. The active ingredient or raw material (technical pesticide) name may only be listed under the "ingredients" section.

6. For pesticides packaged in small containers, labels must also be printed in standard font size, at least 8 points, and if necessary information cannot be fully included, a supplementary label must be attached to each package. If a package has a supplementary label, the main label on the package must include the phrase "Read the attached supplementary label before using the pesticide."

The contents of the trade name; the name of the organization or individual responsible for the pesticide; quantity; production date; expiration date of the pesticide must be recorded on the main label.

7. Any changes to the label content compared to the approved model during the registration review process must be approved by the Plant Protection Department.

Article 36. Content on Pesticide Labels

1. Finished Products

a) Product Information

- Trade name;

- Finished product form coded according to the international coding system for pesticide formulations of the Food and Agriculture Organization (FAO International Formulation Coding System);

- Name, ingredients, active substance content: clearly state the unit of measurement in g/kg (for solid, viscous liquid, aerosol, or volatile liquid pesticides); unit of measurement in g/l (for other liquid forms) or percentage by weight (% w/w);

- Solvent (if it alters the toxicity of the pesticide): name and content of the solvent. Units and methods of recording are the same as for the active substance;

- Actual volume, unit is L or ml (for liquid pesticides); net weight, unit is kg or g (for powder or granular pesticides); number of tablets, net weight unit is kg or g (for tablet pesticides).

b) Safety Information

- Toxicity information consistent with the provisions of Section 1, Section 7, Appendix 4 of this Circular;

- Symbolic images, colored stripes indicating the toxicity and hazard class of the pesticide;

- Safety measures during use, after use, and first aid measures in case of poisoning.

c) Usage Information

- Usage instructions consistent with the registered content;

- Symbolic images guiding storage, mixing, and usage methods (if applicable);

- Pre-harvest interval (days);

- Compatibility with other types of pesticides (if applicable).

d) Other Information

- Registration number;

- Manufacturer's name and address;

- Name and address of the processing facility or supplier;

- Processing date or bottling/packaging date; shelf life (recorded in the same position, can be abbreviated);

- Storage conditions.

2. Technical Pesticides

a) Active ingredient name;

b) Name, ingredients, active substance content: clearly state the unit of measurement in g/kg, g/l or percentage by weight (% w/w);

c) Actual volume, net weight;

d) Name and address of the importing entity;

đ) Manufacturer's name and address;

e) Production date; shelf life (recorded in the same position, can be abbreviated).

Chapter X

PACKAGING AND CONTAINERS FOR PESTICIDES

Article 37. General Principles

The packaging of dangerous chemicals must comply with the requirements of TCVN 5507:91 and the following requirements:

1. Pesticides must be packaged in high-quality containers.

a) The quality of the packaging must be sufficiently sturdy to withstand normal impacts and vibrations during transportation, transfer between means of transport, and manual or mechanical loading and unloading.

b) The packaging must be constructed tightly enough to ensure that no chemical leakage occurs during preparation for transportation or during transportation under conditions such as shaking, increased temperature, humidity, and pressure.

c) The outer surface of the packaging must be clean and free from any dangerous chemicals.

These requirements apply to all types of pesticide packaging, including recycled or reused packaging.

2. Parts of the packaging that come into contact with pesticides must ensure:

a) They are not affected or deteriorate in quality due to the impact of the chemicals inside the packaging;

b) There are no hazardous reactions, catalytic effects, or reactions with the pesticides they contain;

c) An appropriate inert liner layer is used to protect and isolate the packaging from the pesticides inside.

3. When packaging liquid pesticides, sufficient empty space must be left to ensure that the packaging does not leak or deform due to the increase in volume of the enclosed liquids when temperatures rise during transportation.

4. Inner layers of packaging when pesticides are double-layered must ensure that under normal transportation conditions, they cannot break, puncture, or leak the enclosed substances to the outer layer of packaging.

5. Inner packaging types that are prone to breaking or puncturing, such as glass, ceramics, or certain types of plastics, must be securely fixed to the outer layer of packaging using suitable shock-absorbing materials.

6. Pesticides must not be packaged together in the same outer layer of packaging or in a large transport compartment if these chemicals can react with each other and cause:

a) Fire or significant heat generation;

b) Heat generation or fire producing suffocating gases, oxidizing agents, or toxic gases;

c) The creation of highly corrosive substances;

d) The creation of unstable substances.

7. The seal of packaging for volatile substances must be tight enough to ensure that the liquid level does not fall below the limit during transportation.

8. Liquids must be packaged in containers capable of withstanding internal pressure generated during transportation.

9. Pesticide packaging produced or recycled and reused must meet technical requirements as specified.

10. Empty containers and packaging that have contained pesticides must be managed as if they still contain pesticides.

11. All packaging used to contain liquid pesticides must be tested for leaks before use.

12. Packaging for granular or powdered pesticides must be sufficiently sealed to prevent spillage or require sealed cushioning layers.

Chapter XI

SEMINARS AND ADVERTISING OF PESTICIDES

Article 38. General Principles

1. Only pesticides listed in the permitted use directory may be discussed or advertised; seminars on pesticides listed in the restricted use directory in Vietnam should aim to promote rational and safe use. The content of seminars and advertising of pesticides must correspond to the registered content of the pesticides.

2. Advertising of pesticides listed in the restricted use directory and pesticides outside the permitted use directory in Vietnam is prohibited.

3. All commercial seminars on pesticides organized by business units must include a presentation on "Safe Use of Pesticides." The content of this program is guided by the Plant Protection Department.

Article 39. Advertising and seminars

1. Advertising for plant protection products must comply with the following regulations:

- The Advertising Ordinance dated November 16, 2001; Clause 3, Article 35, Plant Protection and Quarantine Ordinance;

- Circular Joint No. 96/2004/TTLT/BVHTT-BNN&PTNT dated November 3, 2004 of the Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Rural Development guiding advertising for certain goods in the agricultural and rural development sector;

- Circular Joint No. 06/2007/TTLT/BVHTT dated February 28, 2007 of the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture and Rural Development, and the Ministry of Construction guiding procedures for issuing one-stop-shop advertising permits.

2. Advertising for plant protection products on central information media must have written approval from the Plant Protection Department regarding the content of such advertisements.

3. Seminars or customer meetings introducing plant protection product samples at local levels or advertising plant protection products on local information media must have written agreement from the Provincial Plant Protection Sub-department regarding the content. In cases where products have already been approved for advertising on central information media and require further promotion or introduction on local media, the entity producing the product must send copies of the written approval from the Plant Protection Department regarding the content of such advertisements to the local Plant Protection Sub-department.

Chapter XII

TESTING OF PLANT PROTECTION PRODUCTS FOR REGISTRATION IN VIETNAM

Article 40. General Principles

1. Testing of plant protection products not included in the list of permitted or restricted plant protection products in Vietnam may only be conducted within Vietnam upon obtaining a testing permit in Vietnam.

2. Biological efficacy testing is to determine the pest control effectiveness and assess the impact of the product on crops, humans, animals, and the ecological environment under cultivation conditions in major production regions in Vietnam.

3. Determination of pre-harvest interval testing is to establish the time period from the last application of the plant protection product until harvest under cultivation conditions in major production regions in Vietnam.

4. Testing of plant protection products aimed at registration in the list of permitted products in Vietnam includes:

a) Biological efficacy testing;

b) Pre-harvest interval determination testing;

c) For plant growth regulators, in addition to biological efficacy testing, the impact of the product on certain quality indicators of the produce must also be evaluated according to the regulations for testing plant growth regulators.

Article 41. Forms and Scale of Testing

Forms and scale of testing for a crop and a pest:

1. Biological efficacy testing

a) Narrow-scale testing is conducted on a small scale. The test area ranges from 25-50 m2 per plot, repeated 3-4 times; it must be carried out in at least two production regions (North and South), each region at two locations, and must be conducted over two different growing seasons. For crops or pests present in only one production region, testing must be conducted at different locations within that region.

b) Wide-scale testing is conducted on a large scale, with a minimum area of 300-500 m2; it must be carried out in two production regions (North and South), each region at one location, and conducted during one growing season. For crops or pests present in only one production region, testing must be conducted at two locations within that region.

c) For perennial crops and special testing subjects (stored grain pests, forest tree diseases, rodent damage to crops, rodent damage in storage, and populations), the size of the test plot must follow the specialized testing procedures.

d) For crops or pests present in only one production region, testing must be conducted at two locations within that region.

2. Pre-harvest interval determination testing

Pre-harvest interval determination testing for plant protection products on crops is conducted in two production regions (North and South) over two growing seasons.

 For crops with only one growing season per year, testing is conducted at two different locations during that growing season.

For crops present in only one production region, pre-harvest interval determination testing is conducted at two locations over two growing seasons in that region. For crops present in only one production region and having only one growing season per year, testing is conducted at four different locations within that region.

Article 42. Conditions for organizations conducting plant protection product trials

1. The head officer must have a bachelor's degree or higher in plant protection or crop production and biology, having attended training courses on plant protection product trials and obtained certification.

2. There must be a team of officers currently engaged in plant protection work who have attended training courses on plant protection product trials.

3. There must be technical facilities in accordance with the regulations of the Plant Protection Department to serve the trial of plant protection products.

4. Not directly registering or being authorized to register plant protection products in Vietnam under their own name.

Article 43. Responsibilities of units conducting plant protection product trials

1. Register to join the network of plant protection product trials with the Plant Protection Department.

2. Strictly comply with national technical standards (QCVN), national standards (TCVN), and trial procedures.

3. Shall not organize or guide visits to plant protection product trial fields without the approval of the trial management authority of the Plant Protection Department.

4. Shall be responsible under the law for the honesty of the trial results.

5. The sample Report of Trial Results is attached as Appendix 16 and Appendix 17 of this Circular.

Article 44. Responsibilities of organizations and individuals with plant protection products requiring trials

1. Comply with the Plant Protection and Quarantine Ordinance, Decree No. 58/2002/NĐ-CP and other relevant state regulations.

2. Provide the Plant Protection Department with complete information about products requiring trials as stipulated in Articles 7 and 8 of this Circular, and shall be responsible for the honesty of such information. In case the trial causes damage to people, crops, animals, and the environment based on the technical information of the product, the organization or individual with the product shall bear responsibility for compensation according to Vietnamese law.

Article 45. Responsibilities of the Plant Protection Department

1. Manage activities related to plant protection product trials.

2. Designate organizations meeting the conditions to conduct plant protection product trials.

3. Train staff involved in plant protection product trials.

4. Organize inspections and evaluations of plant protection product trial results.

5. Utilize trial results to organize assessments serving registration and guidance on usage when the product has been approved for use in Vietnam.

Article 46. Fees and Charges

1. Costs for sampling and quality testing, residual pesticide testing as stipulated in Articles 31, 37, 41, and 58 of the Product Quality Law.

2. Organizations and individuals requiring plant protection product trials shall pay fees and charges in accordance with current regulations.

Chapter XII

QUALITY TESTING AND RESIDUAL PESTICIDE TESTING OF PLANT PROTECTION PRODUCTS

Article 47. General Principles

1. Quality testing of plant protection products involves determining the active ingredient content, formulation, content of impurities that may be harmful to plants, humans, or the environment (if present), content of additives enhancing the safety of the product for humans and crops (if present); chemical and physical properties related to biological activity and safety during storage and use.

2. Residual pesticide testing in agricultural and forestry products, food, and the environment (referred to as items) involves determining the amount of active ingredients and metabolites of plant protection products remaining in the items.

3. Plant protection products subject to quality testing include technical products and finished plant protection products imported; finished plant protection products stored at production facilities, processing plants, bottling, packaging, and sales outlets.

4. Imported plant protection products and raw materials must be sampled and tested for quality before importation, in accordance with Circular No. 77/2009/TT-BNN PTNT dated December 10, 2009, issued by the Ministry of Agriculture and Rural Development regarding State Quality Control of Imported Plant Protection Products.

5. State management agencies for plant protection and quarantine shall take samples to test the quality of finished plant protection products at production facilities, processing plants, bottling, and packaging sites annually for those holding GMP (Good Manufacturing Practice), ISO (International Standards Organization) or equivalent quality management system certificates; no more than twice a year for others.

6. State inspection of the quality of plant protection products circulating in the market shall be carried out in accordance with the Product Quality Law and Circular No. 16/2009/TT-BKHCN dated June 2, 2009, guiding State Inspection of the Quality of Goods Circulating in the Market.

7. Quality and residual pesticide testing shall be conducted by organizations meeting the conditions designated by the Ministry of Agriculture and Rural Development.

Article 48. Basis for quality inspection and residue testing of plant protection products

1. Sampling for quality inspection and residue testing of plant protection products must comply with the National Standard. The sampling record for quality inspection and residue testing of plant protection products is set out in Appendix 14 and Appendix 15 of this Circular.

2. Quality inspection and residue testing of plant protection products must comply with the National Technical Regulation (QCVN) and the National Standard (TCVN); the basic standards (TC) of the Plant Protection Department (if there is no national technical regulation or national standard). In cases where there are no such bases, international, regional standards and the manufacturers' guidelines shall be applied.

3. Samples for quality inspection and residue testing of plant protection products must be preserved for a period of three months from the date of receipt.

 4. The results of quality inspection and residue testing of plant protection products must be stored for a period of three years from the date of issuance.

Article 49. Responsibilities of the Plant Protection Department

1. Managing activities related to quality inspection and residue testing of plant protection products.

2. Evaluating, reviewing, and submitting to the Ministry of Agriculture and Rural Development for designation organizations that meet the conditions for quality inspection and residue testing of plant protection products.

3. Training staff involved in quality inspection and residue testing of plant protection products.

Article 50. Fees and Charges

1. Costs for sampling and quality testing, residual pesticide testing as stipulated in Articles 31, 37, 41, and 58 of the Product Quality Law.

2. Organizations and individuals requiring quality inspection and residue testing of plant protection products shall pay fees and charges in accordance with current regulations.

Chapter XIV

IMPLEMENTING PROVISIONS

Article 51. Effective Date

This Circular takes effect forty-five days from the date of signature.

Abolish Decisions No. 89/2006/QĐ-BNN dated October 2, 2006 on the management of plant protection products, Decision No. 63/2007/QĐ-BNN dated July 2, 2007 amending and supplementing certain provisions of the Decision on the management of plant protection products issued together with Decision No. 89/2006/QĐ-BNN, Decision No. 91/2008/QĐ-BNN dated September 9, 2008 on the issuance of the Import Permit for plant protection products, Decision No. 50/2003/QĐ-BNN dated March 25, 2003 of the Minister of Agriculture and Rural Development on the quality inspection and residue testing of plant protection products and field trials of plant protection products for registration purposes in Vietnam, and Decision No. 79/2003/QĐ-BNN dated August 8, 2003 of the Minister of Agriculture and Rural Development on amending Clause 2 and Clause 3 of Article 11 of the Decision on the quality inspection and residue testing of plant protection products and field trials of plant protection products for registration purposes in Vietnam issued together with Decision No. 50/2003/QĐ-BNN.

Article 52. Responsibility for Implementation

Units under the Ministry of Agriculture and Rural Development, Departments of Agriculture and Rural Development of provinces and centrally governed cities, relevant organizations and individuals have the responsibility to implement this Circular.

During implementation, if there are difficulties or obstacles, organizations and individuals should report to the Ministry of Agriculture and Rural Development (Plant Protection Department) for timely supplementation and amendment./.

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36/2001/PL-UBTVQH10 Pháp lệnh số 36/2001/PL-UBTVQH10 Bảo vệ và kiểm dịch thực vật Expired 104/2009/NĐ-CP Nghị định số 104/2009/NĐ-CP Quy định Danh mục hàng nguy hiểm và vận chuyển hàng nguy hiểm bằng phương tiện giao thông cơ giới đường bộ Expired 01/2008/NĐ-CP Nghị định số 01/2008/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nông nghiệp và Phát triển nông thôn Expired 75/2009/NĐ-CP Nghị định số 75/2009/NĐ-CP Sửa đổi Điều 3 Nghị định số 01/2008/NĐ-CP ngày 03 tháng 01 năm 2008 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Nông nghiệp và Phát triển nông thôn Expired 22/2012/TT-BNNPTNT Thông tư số 22/2012/TT-BNNPTNT Sửa đổi, bổ sung một số điều của Thông tư số 10/2012/TT-BNNPTNT ngày 22 tháng 2 năm 2012 của Bộ Nông nghiệp và Phát triển nông thôn ban hành Danh mục thuốc bảo vệ thực vật được phép sử dụng, hạn chế sử dụng, cấm sử dụng ở Việt Nam Expired 36/2011/TT-BNNPTNT Thông tư số 36/2011/TT-BNNPTNT Danh mục thuốc bảo vệ thực vật được phép sử dụng, hạn chế sử dụng, cấm sử dụng ở Việt Nam Expired 54/2012/TT-BNNPTNT Thông tư số 54/2012/TT-BNNPTNT Sửa đổi, bổ sung một số nội dung của Thông tư số 10/2012/TT-BNNPTNT ngày 22 tháng 2 năm 2012 và Thông tư số 22/2012/TT-BNNPTNT ngày 5 tháng 6 năm 2012 của Bộ Nông nghiệp và Phát triển nông thôn về sửa đổi, bổ sung một số điều của Thông tư số 10/2012/TT-BNNPTNT ngày 22 tháng 2 năm 2012 Expired 10/2011/TT-BNNPTNT Thông tư số 10/2011/TT-BNNPTNT Về việc sửa đổi, bổ sung một số nội dung của Thông tư số 24/2010/TT-BNNPTNT ngày 8/4/2010 về việc ban hành Danh mục thuốc bảo vệ thực vật được phép sử dụng, hạn chế sử dụng, cấm sử dụng ở Việt Nam của Bộ Nông nghiệp và Phát triển nông thôn và thông tư số 46/2010/TT-BNNPTNT ngày 22/7/2010 về việc sửa đổi, bổ sung một số nội dung của Thông tư số 24/2010/TT-BNNPTNT ngày 8/4/2010 về việc ban hành Danh mục thuốc bảo vệ thực vật được phép sử dụng, hạn chế sử dụng, cấm sử dụng ở Việt Nam Expired 19/2012/TT-BNNPTNT Thông tư số 19/2012/TT-BNNPTNT Sửa đổi, bổ sung một số điều của Thông tư số 10/2012/TT-BNNPTNT ngày 22 tháng 2 năm 2012 của Bộ Nông nghiệp và Phát triển nông thôn ban hành Danh mục thuốc bảo vệ thực vật được phép sử dụng, hạn chế sử dụng, cấm sử dụng ở Việt Nam Expired 1297/QĐ-BNN-BVTV Quyết định số 1297/QĐ-BNN-BVTV Về việc công bố thủ tục hành chính (TTHC) mới ban hành; sửa đổi, bổ sung; thay thế; bãi bỏ thuộc phạm vi chức năng quản lý của Bộ Nông nghiệp và PTNT; In effect
38/2010/TT-BNNPTNT
Circular No. 38/2010/TT-BNNPTNT on Plant Protection Chemical Management
Expired
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