Circular No. 48/2012/TT-BNNPTNT provides for certification of aquatic products, crop production, and livestock that are produced and processed in accordance with Good Agricultural Practices (VietGAP).

CIRCULAR

Regulations on certification of aquatic products, crop production, and livestock products produced and processed in accordance with Good Agricultural Practices (GAP)

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

Pursuant to the Food Safety Law dated June 17, 2010;

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

The Ministry of Agriculture and Rural Development hereby promulgates regulations on certification of aquatic products, crop production, and livestock products produced and processed in accordance with Good Agricultural Practices (GAP) as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. These Circulars prescribe the procedures and formalities for designating and managing the activities of certification organizations; evaluating and certifying; and the responsibilities of agencies, organizations, and individuals in the certification of aquatic products, crop production, and livestock products produced and processed in accordance with Good Agricultural Practices (GAP).

2. These Circulars apply to organizations and individuals involved in the certification of aquatic products, crop production, and livestock products produced and processed in accordance with Good Agricultural Practices (GAP).

Article 2. Interpretation of Terms

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

1. Good Agricultural Practices (GAP) is a set of criteria issued by organizations, countries, or groups of countries guiding producers in their application to ensure product quality, food safety, traceability, environmental protection, and the health and social welfare of workers;

2. Vietnamese Good Agricultural Practices (VietGAP) Standards are the GAP standards issued by the Ministry of Agriculture and Rural Development for specific aquatic products, crop production, and livestock products (Vietnamese Good Agricultural Practices - VietGAP);

3. Certification organization for aquatic products, crop production, and livestock products produced and processed in accordance with VietGAP (hereinafter referred to as the VietGAP certification organization) is a public service unit, enterprise, or branch of a foreign certification organization in Vietnam that meets the conditions stipulated in Articles 5 and 6 of this Circular and is designated by the competent state authority to conduct VietGAP certification activities; 4. VietGAP Certification

is the activity of evaluation and confirmation by the VietGAP certification organization of products that have been produced and/or processed in accordance with VietGAP; 5. Production facility

is an enterprise; cooperative, joint venture, association (multi-member production facility or group of households producing); farm, household (single-member production facility or household producing) producing/processing aquatic products, crop production, and livestock products according to VietGAP; 6. Internal audit

is a systematic, independent, and documented self-evaluation process conducted by the production facility to determine the extent to which it complies with and maintains VietGAP during the production/processing of its products; 7. VietGAP Consultation

is the activity of training, instructing, and guiding the production facility in applying VietGAP and conducting internal audits; 8. Typical sample of the product

is a representative sample of a specific type of product produced/processed using the same procedure, under the same conditions, and with the same raw materials. 1. Fees and charges for evaluation to designate and supervise VietGAP certification organizations shall be borne by the certification organizations in accordance with the laws on fees and charges.

Article 3. Fees and Charges

2. Costs for VietGAP certification shall be borne by organizations and individuals registering for certification in accordance with agreements with VietGAP certification organizations.

Paragraph 2. The costs for VietGAP certification shall be borne by the organizations and individuals applying for certification in accordance with their agreement with the VietGAP certifying organization.

Article 4. Designating and Supervising Bodies for VietGAP Certification Organizations

Clause 1. The Fisheries General Department is the body designating and supervising the activities of VietGAP certification organizations in the fisheries sector.

Clause 2. The Crop Production Department is the body designating and supervising the activities of VietGAP certification organizations in the crop production sector.

Clause 3. The Livestock Production Department is the body designating and supervising the activities of VietGAP certification organizations in the livestock sector.

Chapter II
DESIGNATION AND MANAGEMENT OF VIETGAP CERTIFICATION ORGANIZATION ACTIVITIES

Article 5. Conditions for VietGAP Certification Organizations

Public service units operating technical service activities, enterprises, and branches of foreign certification organizations in Vietnam may be designated as VietGAP certification organizations when meeting the following conditions:

Point 1. Established according to the provisions of the law, having functions and scope of operation in the field of product and goods certification.

Point 2. Management system and certification activity capacity meeting the national standard TCVN 7457:2004 or international standard ISO/IEC Guide 65:1996 - General Requirements for Bodies Operating Product Certification Schemes (referred to collectively as TCVN 7457:2004) in the proposed designation field.

Point 3. Always having at least two evaluation experts for each field within the official staff or long-term contract labor meeting the conditions stipulated in Article 6 of this Circular.

Article 6. Conditions for Evaluation Experts

Clause 1. Conditions for evaluation experts:

a) Graduated from university or higher in aquaculture, aquatic veterinary medicine, biology for the fisheries sector; crop production, plant protection, agronomy, biology for the crop production sector; livestock breeding, veterinary medicine, biology for the livestock sector;

b) Having at least two consecutive years of professional experience in the evaluation field;

c) Holding a training certificate on VietGAP evaluation procedures corresponding to the field issued by the designating authority;

d) Having evaluation capacity meeting the requirements stipulated in the national standard TCVN ISO 19011:2003 or international standard ISO 19011:2002 - Guidelines for Quality Management Systems and/or Environmental Management Systems Auditing;

đ) Holding a training certificate for TCVN ISO 9001:2008 or ISO 9001:2008 or versions of ISO 9001 - Quality Management Systems - Requirements in the case of evaluating multi-member production bases issued by domestic or foreign units with the function and mission of issuing such certificates (collectively referred to as TCVN ISO 9001:2008).

Clause 2. The certification organization must have at least one (1) evaluation expert fully meeting the provisions of point a, clause 1 of this Article; for other remaining evaluation experts who graduated from university in this field wishing to become evaluation experts in a new field, they must supplement a training certificate in the relevant technical field from specialized universities according to specific guidelines provided by the designating and supervising authority (designating authority).

Clause 3. Evaluation experts fully meeting the conditions stipulated in clauses 1 and 2 of this Article shall be issued a VietGAP evaluation expert card by the certification organization according to the model attached as Appendix I to this Circular.

Article 7. Registration Documents for Designation as a VietGAP Certification Organization

Commitment to produce safe food in accordance with Appendix I attached to Circular No. 17/2018/TT-BNNPTNT dated October 31, 2018 of the Minister of Agriculture and Rural Development stipulating management methods to ensure food safety conditions for agricultural, forestry, and aquatic product production and business establishments not subject to issuance of the Food Safety Conditions Certificate under the management of the Ministry of Agriculture and Rural Development as stipulated in points a, b, c, d, đ Clause 1, Article 12 of Decree No. 15/2018/ND-CP;

a) VietGAP certification activity registration form according to the model attached as Appendix II to this Circular;

b) Copy of the Decision on Establishment or Business Registration Certificate or Investment Certificate (certified copy or photocopied original for comparison);

c) Quality manual issued in accordance with TCVN 7457:2004, including guidance on registration forms; evaluation procedure, issuance, reissuance, extension, and expansion of the scope of VietGAP certification; post-certification supervision; warning, suspension, revocation of the effectiveness of the VietGAP certification; related technical documents, standards, regulations;

d) Sample of the VietGAP certification issued by the certification organization with content consistent with the guidelines in Appendix III attached to this Circular;

đ) List of evaluation experts according to the model specified in Appendix IV of this Circular accompanied by copies of diplomas and training certificates proving compliance with the conditions stipulated in clauses 1 and 2 of Article 6 of this Circular;

e) Results of certification activities already carried out in the registered field (if any).

Clause 2. Number of sets of documents: One (1) set.

Article 8. Procedure for Designating VietGAP Certification Organizations

1. The organization applying to conduct VietGAP certification prepares complete files in accordance with Article 7 of this Circular.

2. The organization applying to conduct VietGAP certification submits the file directly or through postal service to the designated authority as stipulated in Article 4 of this Circular.

3. The designated authority receives the file, reviews it, and guides supplementary completion of the file (in case of direct submission) or within three (3) working days from the date of receipt of the file (in case of receipt through postal service).

4. Within twenty (20) working days from the date of receiving all necessary files, the designated authority establishes an evaluation team and conducts an evaluation in accordance with Article 9 of this Circular.

5. The evaluation team sends the evaluation report to the designated authority. Within five (5) working days from the date of receiving the evaluation team's report, the designated authority issues a decision to designate the VietGAP certification organization.

In cases where the conditions for designation are not met, the designated authority notifies the applying organization in writing, clearly stating the reasons.

6. The designation decision takes effect for five (5) years.

Article 9. Evaluation of Organizations Applying to Conduct VietGAP Certification

1. The designated authority establishes an Evaluation Team consisting of three to five members, including at least one member who is a specialist with training certificates for TCVN 7457:2004 and TCVN ISO 9001:2008.

2. Basis for evaluation: Assessing the level of compliance with the conditions for certification organizations as stipulated in Articles 5 and 6 of this Circular.

3. Procedure and method of evaluation for organizations applying without a recognized certificate for TCVN 7457:2004:

a) The Head of the Evaluation Team decides on the entire team or assigns members to conduct on-site evaluations of the quality management system and capacity of the certification organization according to the requirements of TCVN 7457:2004 and the guidance provided in Appendix V of this Circular;

b) The Evaluation Team prepares an evaluation record in accordance with the guidance provided in Appendix VI issued along with this Circular, concluding with a recommendation to designate or not designate the certification organization;

c) In cases where the applying organization has non-compliant points that can be rectified, the Evaluation Team lists these non-compliant points, proposes a deadline for rectification, and informs the applying organization of the evaluation results. The applying organization proceeds to rectify the non-compliant points and submits a rectification report to the designated authority (Head of the Evaluation Team). The Evaluation Team then verifies the rectification report, and if necessary, conducts another on-site evaluation.

4. Procedure and method of evaluation for organizations applying with a recognized certificate for TCVN 7457:2004, as stipulated in Clause 3 of this Article, but with reduced content on the suitability assessment of the quality management system.

Article 10. Redesignation of VietGAP Certification Organizations

1. A VietGAP certification organization wishing to be redesignated must submit one set of registration files for redesignation (sent directly or through postal service) to the designated authority three (3) months before the expiration of the current designation decision.

2. Components of documents

a) VietGAP certification activity registration form according to the model attached as Appendix II to this Circular;

b) Report on the results of implementing VietGAP certification during the period of designation;

c) Quality manual with updates and changes regarding organizational structure, personnel, equipment, procedures, guidelines, forms (if applicable);

d) List of evaluators with their assigned identification numbers and established in accordance with point d, Clause 1, Article 7 of this Circular for those without a VietGAP evaluator card or wishing to expand the scope of evaluation beyond the card already issued.

3. Implementation Procedures

a) Processing of files: in accordance with Clause 3, Article 8 of this Circular;

b) Based on the redesignation files and monitoring results, within fifteen (15) working days from the date of receiving all files, the designated authority establishes an evaluation team and conducts an evaluation in accordance with Article 9 of this Circular;

c) Handling the results of the evaluation team and the validity of the designation decision in accordance with Clause 5 and Clause 6, Article 8 of this Circular.

Article 11. Expanding the Scope of VietGAP Certification Organization Activities

1. A VietGAP certification organization wishing to expand its designated scope must submit one set of application documents for expanding the designated scope directly or through postal service to the designating authority.

2. Components of documents

a) VietGAP certification activity registration form according to the model attached as Appendix II to this Circular;

b) Report on the results of VietGAP certification within the already designated scope;

c) Quality manual with updates and changes regarding organizational structure, personnel, equipment, procedures, guidelines, forms (if applicable);

d) List of evaluators with their assigned identification numbers and established in accordance with point d, Clause 1, Article 7 of this Circular for those without a VietGAP evaluator card or wishing to expand the scope of evaluation beyond the card already issued.

d) Technical documents and standards related to the expanded scope of designation.

3. Implementation Procedures

a) Processing of files: in accordance with Clause 3, Article 8 of this Circular;

b) Based on the application for expanding the scope of designation and the monitoring results, within fifteen working days from the date of receiving all documents, the designating authority shall establish an evaluation team and conduct an evaluation in accordance with Article 9 of this Circular.

c) Handling the results of the evaluation team and the validity of the designation decision in accordance with Clause 5 and Clause 6, Article 8 of this Circular.

Article 12. Designation Code

1. Each designated VietGAP certification organization has a unique code for management purposes. The code is recorded in the designation decision.

2. The method of setting the VietGAP certification organization code follows the guidelines set out in Appendix VII issued together with this Circular.

Article 13. Supervision of VietGAP Certification Organization Activities

1. The designating authority shall develop a supervision plan for the activities of the VietGAP certification organization with a minimum frequency of two times during the validity period of the designation decision, except in cases of emergency.

2. The supervision results serve as the basis for the designating authority to consider maintaining, warning, suspending, or revoking the effectiveness of the designation decision.

3. The designating authority shall establish a Supervision Team consisting of three to five members, including at least one member holding a training certificate for TCVN 7457:2004 and TCVN ISO 9001:2008; one staff member from the Department of Agriculture and Rural Development where the supervision takes place at the certified production facility.

4. Supervision procedures and contents:

a) The designating authority shall notify the periodic supervision plan to the certification organization at least five working days in advance;

b) Verify the suitability of the quality management system and the capacity of the certification organization according to TCVN 7457:2004 and the guidelines set out in Appendix V issued together with this Circular;

c) Inspect the assessment, supervision, and certification results at least one production facility that has been granted a VietGAP Certificate, if necessary, take samples of products for food safety testing;

d) Prepare a supervision record following the guidelines set out in Appendices VI and VIII issued together with this Circular;

đ) Submit the supervision result report to the designating authority no later than fifteen working days after the end of the supervision;

e) In case the VietGAP certification organization has non-conformities, it must implement corrective actions and report the results of these actions to the Supervision Team for verification.

The Supervision Team will verify the results of the corrective actions based on the corrective action reports; if necessary, they may conduct on-site inspections again.

Chapter III
EVALUATION AND CERTIFICATION OF VietGAP

Article 14. Forms of Evaluation by VietGAP Certification Organizations

1. Initial evaluation is conducted after the production facility signs the VietGAP certification contract.

2. Corrective action evaluation is carried out after the production facility has been evaluated but does not meet the conditions for issuance, maintenance, or expansion of the VietGAP Certificate.

3. Re-evaluation is performed when the production facility requests reissuance of a VietGAP Certificate that has expired.

4. Surveillance evaluation is conducted after the VietGAP Certificate is issued. Surveillance evaluations can be scheduled (with prior notice) or unscheduled (without prior notice); the number of surveillance evaluations is determined by the certification organization depending on specific circumstances to ensure the maintenance of VietGAP by the production facility.

5. Unscheduled evaluations are carried out in the following situations:

a) When there is a complaint about the production facility's non-compliance with VietGAP;

b) When products certified under VietGAP are found to not meet quality and food safety requirements;

c) When requested by state management authorities.

Article 15. Evaluation Method

The evaluation method for products produced or processed in accordance with VietGAP: Combined process production/processing evaluation and typical sample testing; monitoring through combined process production/processing evaluation and sampling at the production/processing site.

Article 16. Sequence and Content of Evaluation

1. Production process evaluation according to the assessment criteria and guidance provided in the VietGAP for each type of product.

For aquatic products; vegetables, fruits, tea under crop cultivation; dairy cattle, poultry, pigs, bees under animal husbandry, the assessment criteria shall be based on Appendices IXA, IXB, and IXC issued together with this Circular until the new version of VietGAP is released.

2. Sampling of environmental factors (soil, water, air), input materials, waste, or typical samples of the product and determining analytical indicators according to VietGAP regulations (in cases where the production facility cannot provide analysis results or the results are not compliant); sampling methods and testing methods according to technical standards or regulations, in cases where there are no regulations, following the methods of recognized or designated laboratories.

3. For multi-member production facilities:

a) Internal quality management system evaluation according to Appendix X issued together with this Circular;

b) Documentation review;

c) Representative member group evaluation: The number of representative members to be evaluated is decided by the certification organization according to specific circumstances but must be at least the square root (for initial evaluation) or at least two-thirds of the square root (for re-evaluation) or at least half of the square root (for surveillance evaluation) of the total number of members in the group.

4. In accordance with point c, Clause 1, Article 7 and Article 17 of this Circular, VietGAP certification organizations shall develop detailed guidelines on registration files; sequence and content of evaluation, evaluation time, issuance of VietGAP Certificate for each specific product, and notification to the registering organizations or individuals for VietGAP certification.

Article 17. VietGAP Certificate

1. Validity of the VietGAP Certificate

a) The VietGAP Certificate is valid for a maximum of two years from the date of issuance;

b) The VietGAP Certificate can be extended for a maximum of three months for production facilities that have been issued a certificate but do not renew it after its expiration.

2. In cases where multiple production sites of a production facility apply for evaluation simultaneously: The VietGAP Certificate must clearly state the address, product name, area of cultivation/production, and expected yield for each site.

3. In cases where multiple members exist at the same production site: The VietGAP Certificate must include a list of members (name, address, product name, area of cultivation/production, expected yield) attached to the VietGAP Certificate.

4. VietGAP Certification Number

a) The VietGAP Certification Number according to the guidelines in Appendix XI issued together with this Circular.

b) Automatic issuance of the VietGAP Certification Number via the website began on January 1, 2013, following the guidelines of the Fisheries General Department, Crop Production Department, and Livestock Production Department.

Chapter IV
INSPECTION, AUDIT AND VIOLATION HANDLING

Article 18. Inspection and Audit

1. The competent state management agency shall carry out inspection and audit of designated agencies, production facilities, and VietGAP certification organizations in accordance with the provisions of laws on inspection and audit.

2. In case of violations by the designated agency, the inspection and audit agency shall handle such violations in accordance with the provisions of the law.

3. In case of violations by the VietGAP certification organization, the inspection and audit agency shall send the inspection and audit report to the designated agency for consideration and handling of the violation in accordance with the provisions.

4. In case of violations by a production facility that has been issued a VietGAP Certificate, the inspection and audit agency shall send the inspection and audit report to the certification organization that issued the certificate, requesting it to consider and handle the violation in accordance with the provisions.

Article 19. Handling Violations by Production Facilities

Based on the results of supervision or inspection and audit, the certification organization shall issue a decision to handle violations against manufacturers holding a VietGAP Certificate through the following methods:

1. Issuing a written warning to the production facility when it is found to have non-conformities according to VietGAP requirements. Upon receiving a warning, the production facility must agree with the certification organization on the deadline for rectifying the non-conformity and must take corrective actions within the specified time frame. After rectifying the non-conformity, the production facility must submit a written report to the certification organization.

2. Suspending the validity of the VietGAP Certificate and setting a deadline for the production facility to rectify non-conformities in cases where the production facility has received a warning but failed to take corrective actions within the specified time frame. The deadline for rectifying non-conformities shall not exceed six months from the date the suspension decision takes effect.

3. Revoking the VietGAP Certificate in the following circumstances:

a) Failure to take corrective actions within the specified time frame after the VietGAP certification suspension;

b) Requesting a postponement of supervision by the certification organization twice consecutively without valid reasons;

c) Using the VietGAP logo, logo, or certification organization's mark in a manner inconsistent with the regulations of the competent authority or the content of the authorization document issued by the certification organization;

d) During the period of implementing corrective actions from the date the decision to revoke the VietGAP Certificate becomes effective, the production facility may not apply for VietGAP certification. After completing the corrective actions, if it wishes to obtain VietGAP certification again, it must reapply.

4. In cases where violations by the production facility are discovered and required to be handled by the inspection and audit agency, the certification organization must immediately notify the inspection and audit agency after signing the handling decision.

Article 20. Handling Violations by VietGAP Certification Organizations

Based on the results of supervision or inspection and audit, the designated agency shall issue a decision to handle violations against VietGAP certification organizations through the following methods:

1. Issuing a warning when the designated certification organization has non-conformities but these do not affect the certification outcome;

2. Suspending the validity of the designation decision in cases where there are technical non-conformities that can be rectified and have not caused serious consequences:

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

b) Failure to comply with reporting requirements as stipulated in Article 22 of this Circular;

c) During the period of implementing corrective actions from the date the suspension decision for the designation decision takes effect, the certification organization may not conduct VietGAP certification activities. After completing the corrective actions, the certification organization must submit a corrective action report to the designated agency. Based on the corrective action report, the designated agency will issue a decision allowing the certification organization to continue its certification activities; if necessary, the designated agency may conduct another inspection at the certification organization.

3. Revoking the designation decision in the following circumstances:

a) The certification organization does not meet the conditions stipulated in Articles 5 and 6 of this Circular;

b) The certification organization is not honest and impartial in its evaluation and certification activities.

c) For at least one year from the date the designation decision is revoked, the certification organization may not apply for VietGAP certification activities. If the certification organization wishes to resume operations after this period, it must go through the registration and designation assessment procedures as stipulated in Article 10 of this Circular and must commit to not repeating the violation. Repeated violations will result in permanent prohibition from operating.

4. In cases where violations by the certification organization are discovered and required to be handled by the inspection and audit agency, the designated agency must immediately notify the inspection and audit agency after issuing the handling decision.

Chapter V
RESPONSIBILITIES AND LIMITATIONS OF ORGANIZATIONS AND INDIVIDUALS

Article 21. Responsibilities and Authorities of Production Units Issued with VietGAP Certificate

1. Responsibilities:

a) Ensuring and maintaining production/prereparation conditions; conducting internal assessments to meet VietGAP requirements;

b) Implementing VietGAP within the certified scope. When changes affect VietGAP implementation, immediately notify the certifying organization for monitoring and supervision;

c) Taking corrective actions on non-conformities within the specified timeframe when warned, suspended, or the VietGAP Certificate is revoked;

d) Paying full certification costs to the certifying organization as stipulated in Article 3 of this Circular;

đ) Truthfully displaying information about certified VietGAP products on labels and bearing responsibility for product compliance with VietGAP;

e) Upon discovering a batch of products that do not ensure food safety: temporarily halt distribution of the batch, recall the product if it has been circulated in the market, investigate to determine the cause of food safety issues, implement corrective measures simultaneously, and record in the file. If the risk cannot be mitigated, report to the Department of Agriculture and Rural Development and the certifying organization for appropriate handling;

2. Authorities:

a) Reserving opinions if disagreeing with the evaluation and monitoring results of the Evaluation and Monitoring Team;

b) Filing complaints regarding certification, inspection, audit, evaluation, and monitoring results according to the law;

c) Using VietGAP certification number, VietGAP logo as prescribed by the competent authority or the logo or mark of the certifying organization as agreed upon with the certifying organization;

d) Selecting VietGAP certifying organizations, designated laboratories. In case of changing certifying organizations, the production unit must provide necessary information and declare the old VietGAP certification number to the new certifying organization;

đ) Products produced/prerepared in accordance with VietGAP serve as grounds for the production unit to announce safe products at the Department of Agriculture and Rural Development in accordance with the law;

e) Selecting, hiring organizations or individuals to advise during the preparation, registration, evaluation, and certification process of VietGAP;

Article 22. Responsibilities and Authorities of VietGAP Certifying Organizations

1. Responsibilities:

a) Conducting VietGAP evaluation and certification activities in accordance with this Circular; evaluators must wear VietGAP evaluator identification cards when performing evaluations;

b) Based on this Circular and the requirements of TCVN 7457:2004, the certifying organization shall develop detailed guidelines on application forms, procedures, timelines, evaluation, issuance, reissuance, extension, supervision, warning, suspension, revocation of the VietGAP Certificate, certification fees for specific products, and notify relevant agencies, organizations, and individuals through the website or other mass media;

c) Ensuring objectivity and fairness in VietGAP certification activities;

d) Maintaining confidentiality of information, data, and assessment results during the evaluation and certification process, except when required by authorized state agencies;

đ) Not providing VietGAP advisory services to production units that have signed certification contracts;

e) Bearing legal responsibility for the results of VietGAP certification;

g) Reporting to the designated agency and the Department of Agriculture and Rural Development where certification activities take place immediately after issuing, reissuing, supervising, extending, warning, suspending, or revoking the VietGAP Certificate of production units to promptly provide information to consumers;

h) Reporting to the designated agency within 15 days from the date of change regarding: legal status, organizational structure and leadership, policies, procedures, address, telephone number;

In case of supplementing or expanding the scope of evaluator activities, submit the list of evaluators along with certificates as stipulated in Point đ Clause 1 Article 7 of this Circular to the designated agency; only issue the VietGAP Evaluator Identification Card after obtaining written approval from the designated agency;

i) Announcing on the website or through mass media the results of issuing, reissuing, extending, supervising, warning, suspending, or revoking the VietGAP Certificate;

k) Implementing automatic VietGAP code issuance through the website as stipulated in this Circular;

2. Authorities:

a) Issuing VietGAP Evaluator Identification Cards as prescribed in this Circular;

b) Issuing, reissuing, extending, warning, suspending, or revoking the VietGAP Certificate as stipulated in this Circular;

c) Supervising the implementation of Good Agricultural Practices by production units issued with the VietGAP Certificate within the certified scope;

d) Being paid certification costs according to the agreement with production units requiring certification of VietGAP-compliant products.

Article 23. Responsibilities and Authorities of the Designating Authority

1. Responsibilities:

a) Implement the acceptance of registration files, evaluation, designation, re-designation, expansion of designated scope, supervision, and inspection of certification organizations and VietGAP assessment experts in accordance with the provisions of this Circular;

b) Ensure objectivity and fairness in the activities of evaluation and designation of certification organizations;

c) Maintain confidentiality of information and data during the process of inspection, evaluation, and supervision of certification organizations;

d) Notify the Departments of Agriculture and Rural Development and publish on the website or mass media the list of VietGAP certification organizations that have been designated, warned, suspended, or had their designation decisions revoked, and the list of production facilities that have been issued, reissued, extended, warned, suspended, or had their VietGAP certificates revoked nationwide;

đ) Organize training and certification for expertise in VietGAP assessment procedures and issue VietGAP assessor cards;

e) Resolve complaints related to VietGAP certification in accordance with the law;

2. Authorities:

a) Issue, maintain, warn, or revoke the designation decision of certification organizations in accordance with the regulations;

b) Require VietGAP certification organizations to handle violations by production facilities;

c) Inspect production facilities that have been issued VietGAP certificates and supervise the activities of VietGAP assessment and certification by certification organizations;

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

1. Responsibilities:

a) Inspect and audit production facilities that have been issued VietGAP certificates and the activities of VietGAP assessment and certification by designated certification organizations within their jurisdiction;

b) Resolve complaints related to VietGAP certification within their jurisdiction in accordance with the law;

c) Coordinate with designating authorities to monitor the activities of certification organizations;

d) Train VietGAP for organizations and individuals engaged in production and processing within their jurisdiction;

2. Authorities:

a) Handle and report the results of handling to the designating authority or request the designating authority to handle violations by VietGAP certification organizations in accordance with the law;

b) Handle and report the results of handling to the certification organization or require the VietGAP certification organization to handle violations by production facilities;

Chapter VI
IMPLEMENTATION

Article 25. Transitional Provisions

1. Certification organizations of VietGAP designated under Decision No. 84/2008/QĐ-BNN dated July 28, 2008; Decision No. 121/2008/QĐ-BNN dated December 17, 2008 of the Ministry of Agriculture and Rural Development:

a) Continue to operate VietGAP certification within the scope and duration specified in the decision of the Crop Production Department, Livestock Production Department, or the Department of Agriculture and Rural Development;

b) Conduct self-assessment of the management system and capacity against the conditions for designation stipulated in this Circular. If they find themselves not meeting the conditions for operation, they must take timely measures to rectify the situation. In cases where rectification is not possible, they must notify the cessation of all or part of the activities in the designated field. Submit the self-assessment report to the Crop Production Department, Livestock Production Department no later than December 31, 2012, following the guidance of the Crop Production Department, Livestock Production Department;

2. Based on the designation file and the self-assessment report of the certification organization, the Crop Production Department, Livestock Production Department shall lead and coordinate with the Department of Agriculture and Rural Development to evaluate the registration file or conduct direct inspections at the facility to decide on re-designation or expansion of the designated scope (if required) in accordance with the provisions of this Circular no later than June 30, 2013;

Article 26. Implementation Provisions

1. This Circular takes effect from November 10, 2012, and replaces:

a) Decision No. 56/2008/QĐ-BNN dated April 29, 2008, of the Ministry of Agriculture and Rural Development promulgating the Inspection and Certification Regulations for Sustainable Aquaculture;

b) Clause 3 of Circular No. 24/2011/TT-BNNPTNT dated April 6, 2011, of the Ministry of Agriculture and Rural Development regarding "Amendments and Supplements to Certain Administrative Procedures in the Fisheries Sector" pursuant to Resolution No. 57/NQ-CP dated December 15, 2010;

c) Decision No. 84/2008/QĐ-BNN dated July 28, 2008, of the Ministry of Agriculture and Rural Development promulgating the VietGAP Certification Regulations for Safe Vegetables, Fruits, and Tea Production Processes;

d) Clause 1 of Circular No. 17/2011/TT-BNNPTNT dated April 6, 2011, of the Ministry of Agriculture and Rural Development regarding Amendments and Supplements to Certain Administrative Procedures in the Crop Production Sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010;

đ) Decision No. 121/2008/QĐ-BNN dated December 17, 2008, of the Minister of Agriculture and Rural Development issuing the VietGAHP Certification Regulations for Good Animal Husbandry Practices for Dairy Cattle, Pigs, Poultry, and Bees;

e) Circular No. 08/2010/TT-BNNPTNT dated February 11, 2010, of the Ministry of Agriculture and Rural Development stipulating the conditions for VietGAHP certification organizations in animal husbandry for dairy cattle, pigs, poultry, and bees;

g) Clause 8 of Circular No. 19/2011/TT-BNNPTNT dated April 6, 2011, of the Ministry of Agriculture and Rural Development amending and supplementing certain administrative procedures in the animal husbandry sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government;

2. During the implementation process, if there are difficulties or obstacles, relevant organizations and individuals should reflect them to the Ministry of Agriculture and Rural Development (Designating Authority) for prompt resolution./.