Circular No. 54/2014/TT-BNNPTNT on recognizing other Good Agricultural Practices (GAP) standards for application to benefit from support policies in agriculture, forestry, and aquaculture.

CIRCULAR

Regulations on recognizing other good agricultural practices standardshe shall comply with the farming practice standards for application

to benefit from support policies inagriculture, forestry, and aquaculture to be eligible for support policies under d) To guide, monitor, inspect, and compile reports on the implementation of this Circular;

Based on Decision No. 01/2012/QĐ-TTg dated January 9, 2012 of the Prime Minister on certain support policies for applying good agricultural practices production procedures in

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 the Food Safety Law;

agriculture, forestry, and aquaculture; At the proposal of the Director General of the Fisheries General Department, the Director General of the Forestry General Department, the Director of the Crop Production Department, and the Director of the Livestock Production Department;

The Minister of Agriculture and Rural Development hereby stipulates regulations on recognizing other good agricultural practices standards for application

to benefit from support policies in agriculture, forestry, and aquaculture. Article 1. This Circular stipulates the conditions and procedures for recognizing other good agricultural practices standards in agriculture, forestry, and aquaculture for application to benefit from support policies under Decision No. 01/2012/QĐ-TTg dated January 9, 2012 of the Prime Minister on certain support policies for applying good agricultural practices production procedures in agriculture, forestry, and aquaculture (hereinafter referred to as Decision No. 01/2012/QĐ-TTg).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. For other good agricultural practices standards where Vietnam is a member and does not need to follow the recognition procedures stipulated in this Circular; organizations and individuals applying such standards will benefit from support policies as prescribed in Decision No. 01/2012/QĐ-TTg.

This Circular applies to organizations and individuals involved in recognizing other good agricultural practices standards for application to benefit from support policies in agriculture, forestry, and aquaculture.

Article 2. Applicability

Good Agricultural Practices (GAP)

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. are standards, procedures, and norms that compile criteria issued by organizations, countries, or regions guiding producers to apply them to ensure product quality and food safety; traceability of products; environmental protection; health and social security for workers (hereinafter referred to as GAP - Good Agricultural Practices); Practice - GCP) Recognizing other GAP for application to benefit from support policies

2. (hereinafter referred to as recognizing other GAP) is the process whereby the Ministry of Agriculture and Rural Development evaluates and confirms that other GAP meet the conditions stipulated in Article 5 of this Circular; organizations and individuals applying such standards will benefit from support policies as prescribed in Decision No. 01/2012/QĐ-TTg. Article 4. Authorities receiving and processing applications for recognizing other GAP

1. The Fisheries General Department is the authority responsible for receiving and processing applications for recognizing other GAP in the aquaculture sector.

2. The Forestry General Department is the authority responsible for receiving and processing applications for recognizing other GAP in the forestry sector.

3. The Crop Production Department is the authority responsible for receiving and processing applications for recognizing other GAP in the crop production sector.

4. The Livestock Production Department is the authority responsible for receiving and processing applications for recognizing other GAP in the livestock production sector.

RECOGNITION OF OTHER GAP

Chapter II

Article 5. Conditions for recognizing other GAP

Other GAP must meet the following conditions to be recognized:

1. Issued by domestic organizations, international organizations, countries, or regions outside Vietnam (hereinafter referred to as the issuing organization of other GAP).

2. Must have criteria as specified in Appendix I for the aquaculture sector, Appendix II for the forestry and crop production sectors, and Appendix III for the livestock production sector.

3. Must include provisions on certification of products produced according to such other GAP.

3. There are separate provisions regarding the certification of products produced according to GAP.

Article 6. Registration for Recognition of Other GAPs

One of the following organizations or individuals has the right to submit registration documents for recognition of other GAPs:

1. The organization issuing other GAPs.

2. The representative organization in Vietnam of the organization specified in Clause 1 of this Article.

3. Organizations or individuals authorized by the organization specified in Clause 1 of this Article.

Article 7. Documents for Registration for Recognition of Other GAPs

1. The organizations or individuals specified in Article 6 of this Circular shall directly submit or send via postal service one set of registration documents for recognition of other GAPs to the General Department or the specialized agency under the Ministry of Agriculture and Rural Development as stipulated in Article 4 of this Circular.

2. The documents include:

a) A registration form for recognition of other GAPs according to the model prescribed in Appendix IV issued together with this Circular;

b) A power of attorney for organizations or individuals specified in Clause 3 of Article 6 of this Circular;

c) A certified copy of the document promulgating other GAPs or a copy carried along with the original for comparison; if the original is in a foreign language, a certified Vietnamese translation must be submitted;

d) A certified copy of the latest version of other GAPs or a copy carried along with the original for comparison; if the original is in a foreign language, a certified Vietnamese translation must be submitted;

đ) A certified copy of the regulation on certification of other GAPs or a copy carried along with the original for comparison; if the original is in a foreign language, a certified Vietnamese translation must be submitted;

e) A list of organizations certifying other GAPs currently operating in Vietnam including their names, addresses, telephone numbers, fax numbers, emails, accompanied by a certified copy of the power of attorney or certification to operate certification in Vietnam;

Article 8. Procedures and Timeframe for Resolution

1. In case of direct submission, the General Department or the specialized agency will immediately respond regarding the validity of the documents; in case of submission via postal service, within three working days from receipt of the documents, if the documents are not valid, the General Department or the specialized agency will notify in writing the organization or individual submitting the registration documents for recognition of other GAPs to amend or supplement.

2. Within twenty working days from receipt of valid documents, the General Department or the specialized agency will establish an Evaluation Board consisting of three to five members, including representatives from the Department of Science, Technology and Environment under the Ministry of Agriculture and Rural Development to conduct an evaluation of the registration documents.

The Evaluation Board will assess the compatibility between the criteria of other GAPs and the provisions in Appendices I, II, and III issued together with this Circular corresponding to each field.

If the Evaluation Board concludes that the conditions for recognition are not met, within three working days from the date of the Evaluation Board's meeting minutes, the General Department or the specialized agency will review and reply in writing, specifying the reasons.

3. If the Evaluation Board concludes that the conditions for recognition are met, within five working days, the General Department or the specialized agency will review and forward the application documents for recognition of other GAPs to the Department of Science, Technology and Environment for preliminary examination before presenting to the Minister. The documents include:

a) Draft memorandum to the Minister, clearly stating the necessity, implementation process, summary of evaluation results, and recommendation for recognition of other GAPs;

b) Preliminary examination report of the General Department or the specialized agency;

c) Registration documents for recognition of other GAPs as prescribed in Clause 2 of Article 7 of this Circular;

d) Draft Decision on recognition of other GAPs.

4. Within five working days from receipt of valid documents, the Department of Science, Technology and Environment will issue a preliminary examination report to the General Department or the specialized agency.

5. Within three working days from receipt of the preliminary examination report of the Department of Science, Technology and Environment, the General Department or the specialized agency will present to the Minister for consideration and recognition of other GAPs. In case of non-recognition, the General Department or the specialized agency will issue a written response specifying the reasons.

6. Within three working days from the date the Minister of Agriculture and Rural Development signs the decision on recognition, the General Department or the specialized agency will publicly announce on the Ministry of Agriculture and Rural Development’s website, their own website, and inform the Departments of Agriculture and Rural Development.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of Organizations and Individuals

1. The Fisheries General Department, the Forestry General Department, the Crop Production Department, and the Livestock Production Department, according to the assigned fields, are responsible for:

a) Receiving, evaluating documents, and submitting to the Minister for signing the Decision on recognition for applying other GAPs to enjoy support policies when meeting the conditions as stipulated in Article 5 of this Circular;

b) Summarizing the situation of applying and implementing support policies for other GAPs; compiling and reporting to the Minister.

2. The Department of Science, Technology and Environment is responsible for preliminary examination of the application documents for recognition of other GAPs submitted by the General Department or the specialized agency.

3. The Departments of Agriculture and Rural Development are responsible for updating recognized other GAPs for application in Vietnam as a basis for supporting production establishments to apply other GAPs locally.

4. The organization issuing other GAPs or the representative organization or individual of other GAPs in Vietnam:

a) Implement the provisions of this Circular and related legal documents;

b) Report to the General Department or the specialized agency any changes in the content of other GAPs; regulations on certification of other GAPs; lists of organizations certifying other GAPs operating in Vietnam;

c) Before December 15th each year, submit a report on the results of applying other GAPs and the implementation of support policies according to Decision No. 01/2012/QĐ-TTg to the General Department or the specialized agency.

Article 10. Provisions on implementation

1. This Circular takes effect from February 12, 2015.

2. During the implementation process, if there are difficulties or obstacles, organizations or individuals concerned should reflect them to the Ministry of Agriculture and Rural Development (Fisheries General Department, Forestry General Department, Crop Production Department, Livestock Production Department) for research and proposal to amend and supplement appropriately./.