Circular No. 41/2014/TT-BNNPTNT guiding certain provisions of Decree No. 202/2013/NĐ-CP dated November 27, 2013 of the Government on the management of fertilizers under the responsibility of the Ministry of Agriculture and Rural Development.

 CIRCULAR

Hguiding certain provisions of Decree No. 202/2013/ND-CP dated November 27, 2013 of the Government on fertilizer management under the responsibility of the Ministry of Agriculture and Rural Development

the of the Ministry of Agriculture and Rural Development

The Minister of Agriculture and Rural Development issues this Circular to guide certain provisions of Decree No. 202/2013/ND-CP dated November 27, 2013 of the Government on fertilizer management under the responsibility of the Ministry of Agriculture and Rural Development.

___________________

Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

At the proposal of the Director of the Plant Cultivation Department;

This Circular guides the implementation of certain contents under the responsibility of the Ministry of Agriculture and Rural Development:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Production, business, import, export, quality management, and testing of organic fertilizers and other fertilizers;

2. Sampling of inorganic fertilizers, organic fertilizers, and other fertilizers (hereinafter referred to collectively as fertilizers), field trials of fertilizers, production quotas, import quotas for fertilizer trials and use.

1. Organizations and individuals involved in activities related to the production, business, import, export, quality management, and testing of organic fertilizers and other fertilizers.

Article 2. Applicability

This Circular applies to:

2. Organizations and individuals involved in activities related to sampling fertilizers, field trials of fertilizers, and using fertilizers in Vietnam.

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

Article 3. Explanation of Terms

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

2. Other fertilizers are mixtures of organic fertilizers and inorganic fertilizers, and the following types of fertilizers:

a) Mineral organic fertilizer is a type of fertilizer containing at least one major, secondary, or micronutrient supplemented with organic matter;

b) Inorganic organic fertilizer is a type of fertilizer containing at least one major, secondary, or micronutrient supplemented with organic matter;

c) Microbial organic fertilizer is a type of fertilizer containing organic matter supplemented with at least one beneficial microorganism;

d) Biological organic fertilizer is a type of fertilizer containing organic matter and at least one substance of biological origin;

đ) Bio-fertilizer is a type of fertilizer produced by biotechnology or of natural origin containing at least one of the following substances of biological origin: humic acid, fulvic acid, amino acids, vitamins, or other biological substances;

e) Microbial fertilizer is a type of fertilizer containing at least one beneficial microorganism;

g) Moisture-retaining fertilizer is a type of organic fertilizer or other fertilizer specified in points a, b, c, d, đ, e of this clause mixed with moisture-retaining substances;

h) Efficiency-enhancing fertilizer is a type of organic fertilizer or other fertilizer specified in points a, b, c, d, đ, e, g of this clause mixed with substances that increase efficiency of use, having the effect of saving at least twenty percent of fertilizer usage;

i) Immunity-increasing fertilizer is a type of organic fertilizer or other fertilizer specified in points a, b, c, d, đ, e, g, h of this clause containing substances that enhance plant immunity against adverse environmental conditions or pests and diseases;

k) Growth-regulating fertilizer is an organic fertilizer or other fertilizer specified in points a, b, c, d, đ, e, g, h, i of this clause supplemented with one or more growth regulators listed in the Pesticide List issued by the Minister of Agriculture and Rural Development, with a total content of growth regulators not exceeding 0.5%;

l) Rare earth fertilizer is a type of fertilizer containing scandium (element number 21), yttrium (element number 39), and lanthanide elements (element numbers 57-71: lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium) in the Mendeleev periodic table;

m) Soil-improving fertilizer is a type of fertilizer containing substances that improve soil physical, chemical, and biological properties, creating favorable conditions for plant growth and development.

3. Main quality criteria are the quality criteria determining the characteristics and functions of organic fertilizers and other fertilizers as stipulated in national technical regulations; if such regulations have not been issued, they shall be implemented according to the provisions in Appendix VIII attached to this Circular.

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

5. Foliar fertilizers are types of fertilizers sprayed or poured directly onto leaves or stems to provide nutrients to plants through their leaves or stems.

6. Moisture-retaining substances are natural or artificial substances capable of increasing the soil's moisture retention capacity for plants.

7. Efficiency-enhancing substances are substances that increase the effectiveness of nutrient utilization by plants.

8. Limiting factors present in organic fertilizers or other fertilizers are those that pose a risk of toxicity, affecting food safety and environmental pollution, including:

a) Heavy metals: arsenic (As), cadmium (Cd), lead (Pb), and mercury (Hg);

b) Pathogenic bacteria:

E. coli and Salmonella PRODUCTION, BUSINESS, EXPORT, IMPORT.

Chapter II

ORGANIC FERTILIZERS AND OTHER FERTILIZERS

4. Guidance on implementing certain conditions for producing organic fertilizers and other fertilizers

Article 4. Guidelines for implementing certain conditions for the production of organic fertilizers and other fertilizers

The conditions for producing organic fertilizers and other fertilizers as stipulated in Points a, b, c, and d Clause 2 Article 8 Decree 202/2013/ND-CP dated November 27, 2013 of the Government on fertilizer management (hereinafter referred to as Decree No. 202/2013/ND-CP) are specified in the national technical regulation on conditions for producing organic fertilizers and other fertilizers. During the period when the national technical regulation has not been issued, the provisions in Appendix VII attached to this Circular shall be implemented.

Article 5. Issuance of Production Permit for Organic Fertilizers and Other Fertilizers

1. Documents for Issuing Production Permit for Organic Fertilizers and Other Fertilizers

Organizations and individuals submit a set of application documents for issuing the Production Permit for Organic Fertilizers and Other Fertilizers through postal service or directly to the Crop Production Department, including:

a) An application form for issuing the Production Permit for Organic Fertilizers and Other Fertilizers according to the model prescribed in Appendix I attached to this Circular;

b) A copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate containing the business activity of fertilizer production;

c) A certified copy or a copy with the original for comparison of the Certificate of Conformity with the national technical regulation on conditions for producing organic fertilizers and other fertilizers issued by the conformity assessment organization designated to issue such certificates;

In cases where the national technical regulation on conditions for producing organic fertilizers and other fertilizers has not yet been issued or there is no conformity assessment organization designated by the Ministry of Agriculture and Rural Development or the Crop Production Department, then submit documents proving compliance with the provisions in Appendix VII attached to this Circular;

d) A copy of the Decision approving the Environmental Impact Assessment Report or Notification of Acceptance of Environmental Protection Commitment Registration from the competent authority or the Environmental Protection Commitment of the production facility according to Circular No. 26/2011/TT-BTNMT dated July 18, 2011 of the Ministry of Natural Resources and Environment detailing certain provisions of Decree No. 29/2011/NĐ-CP dated April 18, 2011 of the Government on strategic environmental assessment, environmental impact assessment, and environmental protection commitment;

đ) A copy of documents and papers proving compliance with the conditions stipulated by laws on fire prevention and control;

e) A copy of the Occupational Safety and Health Plan according to Model No. 2 of Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT dated January 10, 2011 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health guiding the implementation of occupational safety and health work in workplaces;

g) List of management, technical, operational staff and list of direct production workers trained and educated in organic fertilizers and other fertilizers according to the model prescribed in Appendix II attached to this Circular. Training and education in organic fertilizers and other fertilizers for direct production workers do not require certification and are organized by units with relevant functions or enterprises according to training and education programs issued by the Crop Production Department upon the effectiveness of this Circular;

2. Procedure and Time Limit for Issuing Production Permit for Organic Fertilizers and Other Fertilizers

a) In case of direct submission, the Crop Production Department immediately responds regarding the validity of the application documents; in case of submission through postal service, within a maximum of three working days from receipt of the application documents, if the documents are not valid, the Crop Production Department will notify the organizations and individuals applying for the Production Permit for Organic Fertilizers and Other Fertilizers in writing to correct or supplement them;

b) Within ten working days from the date of receiving complete valid application documents, the Crop Production Department will examine and approve the application documents and issue the Production Permit for Organic Fertilizers and Other Fertilizers to organizations and individuals meeting the requirements. In case of non-issuance of the Production Permit for Organic Fertilizers and Other Fertilizers, the Crop Production Department must respond in writing and specify the reasons;

3. Sample of Production Permit for Organic Fertilizers and Other Fertilizers

a) The sample of the Production Permit for Organic Fertilizers and Other Fertilizers contains the content prescribed in Appendix III attached to this Circular;

b) The method of recording the code number of the Production Permit for Organic Fertilizers and Other Fertilizers is prescribed in Appendix IV attached to this Circular.

Article 6. Reissuing the Production Permit for Organic Fertilizers and Other Fertilizers

1. Documents for Reissuing the Production Permit for Organic Fertilizers and Other Fertilizers

Organizations and individuals submit one set of documents to request reissuing the Production Permit for Organic Fertilizers and Other Fertilizers through postal service or directly to the Crop Cultivation Department, including:

a) A request form for reissuing the Production Permit for Organic Fertilizers and Other Fertilizers according to the model prescribed in Appendix I issued together with this Circular;

b) The original Production Permit for Organic Fertilizers and Other Fertilizers, except in cases where it has been lost.

2. Procedures and Time Limit for Reissuing the Production Permit for Organic Fertilizers and Other Fertilizers:

a) In case of direct submission, the Crop Cultivation Department will immediately respond regarding the validity of the documents; in case of submission through postal service, within two working days from receipt of the documents, if the documents are not valid, the Crop Cultivation Department will notify the organization or individual requesting the Production Permit for Organic Fertilizers and Other Fertilizers in writing to correct or supplement the documents;

b) Within five working days from the date of receiving complete valid documents, the Crop Cultivation Department will examine and approve the documents and reissue the Production Permit for Organic Fertilizers and Other Fertilizers to organizations and individuals meeting the conditions. If the Production Permit for Organic Fertilizers and Other Fertilizers is not reissued, the Crop Cultivation Department must provide a written response stating the reasons.

3. The format of the reissued Production Permit for Organic Fertilizers and Other Fertilizers is regulated in Clause 3, Article 5 of this Circular.

Article 7. Amending the Production Permit for Organic Fertilizers and Other Fertilizers

1. Documents for Requesting Amendment of the Production Permit for Organic Fertilizers and Other Fertilizers

Organizations and individuals submit one set of documents to request amendment of the Production Permit for Organic Fertilizers and Other Fertilizers through postal service or directly to the Crop Cultivation Department, including:

a) A request form for amending the Production Permit for Organic Fertilizers and Other Fertilizers according to the model prescribed in Appendix I issued together with this Circular;

b) The original Production Permit for Organic Fertilizers and Other Fertilizers;

c) In case of requesting amendments related to business registration information, location, or other relevant information about the registering organization or individual: submit a certified copy of the Business Registration Certificate or Investment Certificate or Business Registration Certificate that has been modified;

d) In case of requesting amendments related to operating conditions or production capacity: submit a certified copy of the certificate confirming compliance with national technical standards on organic fertilizer and other fertilizer production conditions. In cases where national technical standards have not been issued or there is no designated certification body, submit documentation proving that the requested amendments comply with the provisions in Appendix VII issued together with this Circular;

đ) In case of requesting additional amendments related to types or lists of fertilizers produced: submit the decision of the entity producing organic fertilizers and other fertilizers to include organic fertilizers and other fertilizers that have passed trials into production or a certified copy of the contract transferring ownership or technology transfer of organic fertilizers and other fertilizers from another organization or individual;

e) In case of requesting a name change for the fertilizer produced when implementing a contract to transfer ownership of the fertilizer from another organization or individual: submit a certified copy of the contract transferring ownership of the fertilizer from another organization or individual;

g) In case of removing fertilizers from the market: submit a certified copy of the decision to remove organic fertilizers or other fertilizers from the market issued by the competent authority;

h) In case of self-requested removal by the organization or individual: submit a request to remove the type of organic fertilizer or other fertilizer that is no longer being produced;

2. For the documents specified in points c, d, đ, e, g of Clause 1 of this Article, if submitted as photocopies, the originals must be brought for verification;

3. The procedures and time limit for amending the Production Permit for Organic Fertilizers and Other Fertilizers shall be implemented according to the provisions of Clause 2 of Article 6 of this Circular;

4. The format of the amended Production Permit for Organic Fertilizers and Other Fertilizers is regulated in Clause 3, Article 5 of this Circular.

Article Article 8. Guidelines for Implementing Business Conditions for Organic Fertilizers and Other Fertilizers

The provisions in Clause 2, 3, 4, 5 of Article 15 of Decree 202/2013/ND-CP on business conditions for organic fertilizers and other fertilizers are implemented as follows:

1. Retail stores or sales locations displaying organic fertilizers and other fertilizers must have signs, price lists publicly displayed in visible and readable areas. Organic fertilizers and other fertilizers must be arranged separately, not mixed with other goods, stored in dry places ensuring quality maintenance and environmental hygiene conditions.

2. Packaging, containers, equipment for storage, retention, and transportation means must ensure quality; they must not leak or spread out affecting the surrounding environment. Measures must be taken to handle packaging, bottles, jars of organic fertilizers and other fertilizers that have exceeded their usage period.

3. There must be warehouses or rental contracts for storing finished organic fertilizers and other fertilizers that meet requirements for construction location, design suitable for the fertilizers being sold, environmental protection, fire prevention; in the warehouse, organic fertilizers and other fertilizers must be arranged separately from other goods, unaffected by rain, sun, wind, ensuring environmental hygiene, without leakage causing odor pollution to nearby areas.

4. For retail stores selling organic fertilizers and other fertilizers, in cases where there is no warehouse, storage equipment must ensure quality and environmental hygiene conditions.

5. Legal documents and invoices must be available regarding the origin of production, importation, or supply for each type of organic fertilizer and other fertilizer.

Article 9. Documents for Exporting Organic Fertilizers and Other Fertilizers

In addition to the documents and materials required under laws on export of goods, organizations and individuals exporting organic fertilizers and other fertilizers must present to Customs authorities the following documents and materials:

1. A certified copy or a copy accompanied by the original for verification of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes fertilizer business activities.

2. A certified copy or a copy accompanied by the original for verification of the Fertilizer Production Permit, including the name of the exported fertilizer type, only to be presented upon the first export, for organizations and individuals exporting organic fertilizers and other fertilizers produced by the unit.

3. In case the importing organization or individual requests quality inspection: submit the test result certificate of the exported fertilizer batch in accordance with the export contract regulations issued by the designated Fertilizer Testing Laboratory, or the Test Result Certificate/Certificate of Conformity issued by a testing or certification organization of the country that has signed Mutual Recognition Arrangement/Agreement (MRA) with Vietnam.

Article 10. Documents for Importing Organic Fertilizers and Other Fertilizers

1. For importation for business purposes

In addition to the documents and materials required under laws on import of goods, organizations and individuals importing organic fertilizers and other fertilizers must present to Customs authorities the following documents and materials:

a) A copy of the Enterprise Registration Certificate or Investment Certificate or Business Registration Certificate issued by the competent authority, which includes fertilizer business activities;

b) A certified copy or a copy accompanied by the original for verification of the Compliance Certificate or the test result certificate of the imported fertilizer batch issued by the designated Fertilizer Testing Laboratory, or the Test Result Certificate/Certificate of Conformity issued by a testing or certification organization of the country that has signed Mutual Recognition Arrangement/Agreement (MRA) with Vietnam.

2. For importation for research, trial, sample production, raw material for producing organic fertilizers and other fertilizers, and other cases shall be implemented according to the provisions of Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign agency buying, selling, processing, and transiting goods.

Chapter III

QUALITY MANAGEMENT OF ORGANIC FERTILIZERS AND OTHER FERTILIZERS

Article 11. Announcement of Compliance of Organic Fertilizers and Other Fertilizers

1. Types of Organic Fertilizers and Other Fertilizers Announced as Compliant

Before putting organic fertilizers and other fertilizers into circulation on the market, organizations and individuals producing or importing must announce compliance of the following types of fertilizers:

a) Fertilizers listed in the Catalogue of Permitted Fertilizers for Production, Trading, and Use in Vietnam issued by the Minister of Agriculture and Rural Development from August 9, 2008 to November 27, 2013, organizations and individuals announce compliance according to Clause 2, Article 22 of Decree No. 202/2013/ND-CP;

b) Fertilizers produced and traded by organizations and individuals or fertilizers resulting from state-level or ministry-level research projects meeting the requirements of fertilizer trial standards. During the period when the fertilizer trial standards have not been issued, the provisions in Appendix IX attached to this Circular shall apply.

2. Procedures and Content of Announcing Compliance of Organic Fertilizers and Other Fertilizers

a) The procedures and content of announcing compliance are carried out according to Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 of the Minister of Agriculture and Rural Development guiding the procedures for designating organizations to certify compliance and announce compliance within the scope of management of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 55/2012/TT-BNNPTNT).

b) Each type of organic fertilizer or other fertilizer is only announced as compliant once. When there is a change in the content of the announcement of compliance for a type of organic fertilizer or other fertilizer that has been registered, it must be re-announced.

3. Basis for Evaluation and Certification of Announcements of Compliance of Organic Fertilizers and Other Fertilizers:

a) Criteria and methods of evaluation and certification of compliance according to national technical standards;

b) During the period when national technical standards have not been issued, the evaluation criteria shall be implemented according to the provisions in Section I of Appendix VIII attached to this Circular for root fertilizers, or Section II of Appendix VIII attached to this Circular for leaf fertilizers; apply evaluation method 5 for domestically produced organic fertilizers or other fertilizers and method 7 for imported organic fertilizers or other fertilizers.

4. Announcement of List of Organic Fertilizers and Other Fertilizers Announced as Compliant

a) Within three months from the date of issuance of the Notice of Receipt of the Announcement of Compliance, the Department of Agriculture and Rural Development sends a copy of the Notice of Receipt of the Announcement of Compliance to the Crop Cultivation Department.

b) Within five working days from the date of receipt of the Notice of Receipt of the Announcement of Compliance, the Crop Cultivation Department compiles and announces on its website the list of types of organic fertilizers and other fertilizers announced as compliant by each organization and individual producing or importing organic fertilizers and other fertilizers.

5. Compliance Mark and Use of Compliance Mark according to Article 4 of Circular No. 55/2012/TT-BNNPTNT.

Article 12. Announcement of standards for organic fertilizers and other fertilizers

1. Organizations and individuals producing or importing organic fertilizers and other fertilizers shall announce on their own the quality indicators, limiting factors, basic characteristics, warning information, and standard number of the organic fertilizers and other fertilizers they produce or import through one of the following means: fertilizer packaging, fertilizer label, accompanying documentation.

2. The content of the announced standards must not contravene the provisions of national technical regulations. During the period when national technical regulations have not been issued, it must not contravene the provisions set out in Appendix VIII attached to this Circular.

Article 13. Sampling and testing of organic fertilizers and other fertilizers

1. Sampling of fertilizers

a) The sampling of fertilizers for conformity assessment certification or for state management purposes must be carried out by a person with a fertilizer sampling certificate in accordance with the prescribed regulations;

b) The organization of training and issuance of certificates for training of organic fertilizer, organic fertilizer, and other fertilizer samplers shall be implemented in accordance with Article 5 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011, of the Minister of Agriculture and Rural Development amending, supplementing, and abolishing certain administrative procedures in the crop cultivation sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010;

c) Within five working days from the date of issuing the fertilizer sampling certificate, the Crop Cultivation Department shall compile and publish a list of names and code numbers of fertilizer samplers who have obtained the sampling certificate on the Crop Cultivation Department's website.

2. Testing of organic fertilizers and other fertilizers

a) The designation and management of activities of laboratories and organizations certifying organic fertilizers and other fertilizers shall be carried out in accordance with Circular No. 16/2011/TT-BNNPTNT dated April 1, 2011, of the Minister of Agriculture and Rural Development on the evaluation, designation, and management of agricultural and rural development laboratories (hereinafter referred to as Circular No. 16/2011/TT-BNNPTNT), Circular No. 52/2012/TT-BNNPTNT dated October 22, 2012, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 16/2011/TT-BNNPTNT, and Circular No. 55/2012/TT-BNNPTNT;

b) Within five working days from the date of designation of organic fertilizer and other fertilizer laboratories, the Crop Cultivation Department shall compile and publish a list of designated organic fertilizer and other fertilizer laboratories on the Crop Cultivation Department's website;

c) Quality indicators that must be tested for state management purposes shall be in accordance with the announced standards and corresponding national technical regulations for each type of organic fertilizer and other fertilizers;

d) The permissible tolerance between the analysis results of the laboratory and the declared quality indicator content of organic fertilizers and other fertilizers is specified in Appendix X attached to this Circular.

Article 14. Handling complaints about the testing results of organic fertilizers and other fertilizers

Complaint handling regarding the testing results of organic fertilizers and other fertilizers shall be carried out according to the regulations of the designated testing and verification laboratory. In cases where there is no designated testing and verification laboratory for organic fertilizers and other fertilizers, the following regulations shall apply:

1. Within five days from the receipt of the test results, organizations and individuals whose samples were tested must submit a complaint in writing if they disagree with the test results, and the inspection and supervision agency must send a request for retesting to the laboratory that conducted the initial testing.

2. The laboratory shall conduct a retest of the testing process and perform retesting on the retained sample; notify the inspection and supervision agency and the organization or individual whose sample was tested of the results.

3. If the organization or individual whose sample was tested still disagrees with the retest results, the inspection and supervision agency shall send two samples: one sample retained at the sampling location and one sample retained at the inspection and supervision agency to the laboratory specified in Clause 5 of this Article for retesting. The result of this retest will serve as the basis for the inspection and supervision agency to handle the complaint.

4. If the retest result is still equivalent to the initial test result, the organization or individual requesting the retest must pay the laboratory for the retest costs.

5. Conditions for the laboratory selected to retest the test results to resolve complaints:

a) Recognized by the Vietnam National Accreditation Committee (BoA) under the Ministry of Science and Technology and designated by the Ministry of Agriculture and Rural Development or the Crop Cultivation Department;

b) Having been consecutively ranked among the top five laboratories in inter-laboratory testing or proficiency testing for the relevant test indicators for at least two consecutive times;

c) Announced on the Crop Cultivation Department's website by the Crop Cultivation Department.

6. The permissible tolerance for test results on the same sample, for the same indicator, using the same method, between different laboratories is stipulated in the national standard for analytical methods for that indicator; in cases where it is not specified in the national standard, the maximum range is ±5%.

Chapter IV

FERTILIZER TESTING

Article 15. Types of fertilizers that must undergo testing

The following types of fertilizers, including inorganic fertilizers, organic fertilizers, and other fertilizers, must be tested before being announced to meet standards for production, business, and circulation on the market:

1. Newly created fertilizers within the country.

2. Imported fertilizers for the first time with a patent or a Certificate of Free Sale (CFS) or equivalent.

Article 16. Conditions for conducting fertilizer testing

Organizations and individuals (hereinafter referred to collectively as entities) meeting the following conditions have the right to conduct fertilizer testing:

1. Testing entity:

a) Having the function and mission of fertilizer testing and/or fertilizer research as stipulated in the establishment decision issued by the competent authority;

b) Regarding human resources: having at least three technical staff members who are permanent employees or contracted for at least one year, holding a bachelor's degree or higher in one of the following fields: soil science, agronomy, crop production, or related fields such as chemistry, biology, and environment, and having at least two years of experience working in the field of fertilizer testing or research.

2. Production or import entities self-testing their fertilizers:

a) Holding a Fertilizer Production Permit (for fertilizer production entities) or a Business Registration Certificate, Investment Certificate, or Business Operation Registration Certificate that includes fertilizer as a business activity (for entities specializing in importing fertilizers for business);

b) Regarding human resources: as prescribed in point b Clause 1 of this Article.

Article 17. Outline of Fertilizer Testing

1. Before conducting testing, the testing entity or the entity self-testing its fertilizers must establish and approve the outline of fertilizer testing according to the testing regulations for fertilizers. In the absence of such regulations, it shall be carried out according to the provisions of Section III Appendix IX attached to this Circular.

2. The testing entity or the entity self-testing its fertilizers must send the approved outline of fertilizer testing to the Department of Agriculture and Rural Development where the testing takes place for reference in inspecting the implementation of fertilizer testing.

Article 18. Evaluation of Fertilizer Testing Results

1. Upon completion of fertilizer testing, the entity conducting the testing must organize the evaluation of the testing results. The evaluation of testing results shall be conducted according to the testing regulations for fertilizers. In the absence of such regulations, it shall be carried out according to Appendix IX attached to this Circular.

2. The entity conducting the testing bears full responsibility for the testing results, issues a decision regarding the production or import of tested fertilizers, and implements the announcement of conformity according to the regulations; retains testing records for inspection and review purposes.

Article 19. Limitations on Production and Import of Fertilizers for Testing

The quantity of fertilizers allowed to be produced or imported for testing for each type of fertilizer is based on the application rate determined for each type of crop and the actual testing area, but shall not exceed thirty hectares for annual crops and fifty hectares for perennial crops.

Chapter V

RESPONSIBILITIES OF RELATED ORGANIZATIONS AND INDIVIDUALS

Article 20. Responsibilities of the Crop Production Department

1. Drafting and submitting to the Minister for approval legal documents, national standards, and national technical regulations on organic fertilizers and other fertilizers; on sampling, testing, and using fertilizers.

2. Implementing management over the production, business, export, import, quality, and naming of organic fertilizers and other fertilizers; sampling, testing, and using fertilizers.

3. Organizing evaluation, designation, and management of activities of laboratories and organizations certifying compliance with technical regulations for organic fertilizers and other fertilizers.

4. Organizing training and issuing certificates for individuals involved in fertilizer sampling.

5. Compiling and publishing lists of organizations and individuals granted permits for producing organic fertilizers and other fertilizers; lists of organic fertilizers and other fertilizers that have been certified compliant; lists of certification organizations and laboratories for organic fertilizers and other fertilizers; lists of individuals involved in fertilizer sampling nationwide on the Crop Production Department's website.

6. Leading and coordinating with relevant units to implement agricultural extension services, disseminate knowledge, experience, and guidance on using fertilizers.

7. Leading the commissioning of research topics and projects, application of science and technology; collecting and managing information and materials; training, enhancing, promoting, and disseminating legal normative documents; international cooperation in the field of organic fertilizers and other fertilizers.

8. Inspecting, supervising, handling complaints and accusations, and dealing with violations related to the production, business, export, import, and quality of organic fertilizers and other fertilizers; regarding individuals involved in sampling, testing, and using fertilizers across the country according to the provisions of the law.

Article 21. Responsibilities of the Science, Technology, and Environment Department

1. Leading the review of draft national standards and national technical regulations on organic fertilizers and other fertilizers; on sampling, testing, and using fertilizers.

2. Coordinating with the Crop Production Department to submit to the Minister for issuance of national technical regulations on organic fertilizers and other fertilizers; on sampling, testing, and using fertilizers.

Article 22. Responsibilities of the Department of Agriculture and Rural Development

1. Submitting to the Provincial People's Committee for approval mechanisms and policies to incentivize the production, business, and use of organic fertilizers and other fertilizers at the local level.

2. Reviewing the content and approving the organization of agricultural extension meetings and seminars recommending effective fertilizer use and minimizing environmental pollution at the local level.

3. Receiving declarations of compliance with conditions for production and quality of fertilizers from organizations and individuals producing and importing organic fertilizers and other fertilizers; sending notifications of receipt of declarations of compliance to the Crop Production Department as prescribed.

4. Leading and coordinating with relevant agencies to organize the promotion, dissemination, and guidance on legal matters, providing information on fertilizer production and quality to organizations and individuals engaged in production, business, and use.

5. Inspecting, supervising, handling complaints and accusations, and dealing with violations related to the production, business, export, import, and quality of organic fertilizers and other fertilizers; regarding individuals involved in sampling, testing, and using fertilizers within their jurisdiction according to the provisions of the law.

6. Periodically reporting inspection, supervision results, and violation handling outcomes to the Crop Production Department by the end of June and December each year, following the model specified in Appendix V issued together with this Circular.

Article 23. Responsibilities of organizations and individuals producing, trading, importing, and exporting

1. For organizations and individuals producing, trading, importing, and exporting organic fertilizers and other fertilizers:

a) Implement the provisions of this Circular and other relevant legal documents regarding production, trading, importation, exportation, quality management, and testing of organic fertilizers and other fertilizers;

b) Fulfill the responsibilities stipulated in Clause 2 of this Article;

c) Regularly prepare reports on the situation of production and importation of organic fertilizers and other fertilizers at the end of May and November each year, or when requested by competent authorities, and submit them to the Crop Production Department and the Department of Agriculture and Rural Development where their main office is located, following the model set out in Appendix VI issued together with this Circular.

2. For organizations and individuals producing, trading, importing, and exporting fertilizers:

a) Implement the provisions of this Circular and other relevant legal documents concerning sampling, testing, and using fertilizers;

b) When organizing agricultural promotion conferences or seminars, they must report the plan and content and obtain the approval of the Department of Agriculture and Rural Development where the conference or seminar is held;

c) Retain files and documents related to fertilizer testing for inspection and audit purposes.

Article 24. Responsibilities of fertilizer testing facilities

Fully implement the provisions on fertilizer testing in this Circular and bear responsibility for the results of such testing.

Chapter VI

IMPLEMENTING PROVISIONS

Article 25. Transitional Provisions

1. Organizations and individuals who have produced and traded organic fertilizers and other fertilizers before the effective date of this Circular must supplement the necessary conditions for production and trading within the time frame specified in Clause 1 of Article 22 of Decree No. 202/2013/ND-CP and complete the licensing procedures as prescribed in this Circular.

2. For fertilizers that were tested before the effective date of Decree No. 202/2013/ND-CP but not yet approved by the scientific council established by the Crop Production Department, the testing facility with the tested fertilizer must enter into a contract with the testing facility to conduct additional testing on unsuitable contents according to the fertilizer testing regulations, and if these regulations have not been issued, follow the provisions set out in Appendix IX issued together with this Circular.

Article 26. Effective date

1. This Circular takes effect from December 29, 2014.

2. This Circular replaces Circular No. 36/2010/TT-BNNPTNT dated June 24, 2010, issued by the Minister of Agriculture and Rural Development on the issuance of regulations on the production, trading, and use of fertilizers; and Circular No. 52/2010/TT-BNNPTNT dated September 9, 2010, issued by the Ministry of Agriculture and Rural Development on guidelines for testing, recognizing, and naming new fertilizers.

3. In cases where standards, technical regulations, provisions, or referenced documents in this Circular are changed, supplemented, or replaced, the new documents shall apply.

4. During implementation, if there are any difficulties, organizations and individuals should promptly report to the Ministry of Agriculture and Rural Development for research and resolution./.