DECISION OF THE MINISTER

MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Issuing Regulations on the Management of Production, Business, and Use of Fertilizers

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to the Quality Goods Ordinance No. 18/1999/PL-UBTVQH10 dated December 24, 1999 of the Standing Committee of the National Assembly;

Pursuant to Decree No. 113/2003/NĐ-CP dated October 7, 2003 of the Government on Management of Fertilizer Production and Business;

Pursuant to the Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government on State Management of Product Quality;

At the proposal of the Director of the Department of Agriculture,

DECISION:

Article 1. Issuing the Decision on Regulations on the Management of Production, Business, and Use of Fertilizers.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous regulations that conflict with this Decision shall be abolished.

Article 3. The Heads of the Ministry's Office, the Director of the Agriculture Department, the Directors of Provincial Departments of Agriculture and Rural Development, the Heads of units, organizations, and individuals related to this Decision are responsible for its implementation./.

REGULATIONS ON THE MANAGEMENT OF PRODUCTION, BUSINESS, AND

USE OF FERTILIZERS

(Issued together with Decision No.  72/2004/QĐ-BNN

dated December 8, 2004)

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) These regulations apply to the fields of production, business, use, and announcement of the list of fertilizers permitted for production, business, and use in Vietnam, and the allocation of responsibilities for fertilizer management. for b) Organizations and individuals, both domestic and foreign, engaged in activities related to fertilizers within the territory of Vietnam must comply with these regulations. In cases where international treaties to which Vietnam is a party provide different provisions, such treaties shall prevail.

a) Types of root fertilizers, leaf fertilizers, inorganic fertilizers (mineral fertilizers, chemical fertilizers), single fertilizers (single mineral fertilizers), compound fertilizers, mixed fertilizers (mixed mineral fertilizers), microbial fertilizers, organic biological fertilizers, fertilizers supplemented with growth regulators, and the concept of permissible toxicity levels shall be understood as defined in Article 4, Chapter I of the Government's Decree No. 113/2003/NĐ-CP dated October 7, 2003 on the management of fertilizer production and business (hereinafter referred to as Decree No. 113/2003/NĐ-CP).

2 Definitions

In these regulations, the following terms are understood as follows:

b) Major nutrient elements (hereinafter referred to as major nutrients): are those nutrients that plants consume in large quantities, including nitrogen, phosphorus, and potassium.

c) Medium nutrient elements (hereinafter referred to as medium nutrients): are those nutrients that plants consume in moderate quantities, including calcium, magnesium, and sulfur.

d) Minor nutrient elements (hereinafter referred to as minor nutrients): are those nutrients that plants consume in small quantities, including iron, zinc, copper, boron, molybdenum, and other minor nutrients.

đ) Multi-nutrient fertilizers: are inorganic fertilizers containing two or more major nutrient elements, excluding medium and minor nutrients. e) Organic microbial fertilizers: are fertilizers produced from organic materials containing one or more beneficial live microorganisms at appropriate densities as stipulated.

g) Organic mineral fertilizers: are fertilizers produced from organic materials, mixed with one or more nutrient elements, including at least one major nutrient element.

h) Nutrient content: is the amount of nutrients contained in fertilizers expressed in mass/mass (g/kg...), percentage (%), or parts per million (ppm); for liquid fertilizers, additional units of mass/volume (mg/L, g/L...) may also be used.

Traditional organic fertilizers:

are fertilizers derived from animal and plant sources such as cattle manure, pig manure, chicken manure, night soil, and green manure.

i) k) Soil ameliorants: are substances added to the soil to enhance fertility, improve physical, chemical, and biological properties of the soil, thereby creating favorable conditions for plant growth, development, high yield, and good quality agricultural products. l) List of fertilizers permitted for production, business, and use in Vietnam (hereinafter referred to as the Fertilizer List): is a list of fertilizers recognized and permitted for production, business, and use in Vietnam by the Ministry of Agriculture and Rural Development. II. LIST OF FERTILIZERS

1. The Ministry of Agriculture and Rural Development will announce the Fertilizer List during each period. The types of fertilizers included in the Fertilizer List include:, Fertilizers that have been tested and recognized by the Ministry of Agriculture and Rural Development as new technological advancements (new fertilizers).

Fertilizers that have not undergone testing but meet the following standards: Male Compound fertilizers and mixed mineral fertilizers with a total nutrient content of major nutrients Male.

N P

(effective) + K

a) 18%, where nitrogen is denoted as N, phosphorus as P (expressed as P

b) ), and potassium as K (expressed as K

O). Compound fertilizers and mixed mineral fertilizers used for root application with a total nutrient content of major nutrients N + P₂O₅ 18%, supplemented with medium and minor nutrients.₂O ³ 18%, supplemented with₂O₅organic matter < 10%.₂Micro-nutrient fertilizers used for root application with a minimum content of the following elements:

         B:0.02% Cl: 0.1%           Co: 0.005%                 Cu: 0.05%₂O₅ 18%, supplemented with medium and minor nutrients.₂O ³ Fe: 0.01%           Mn: 0.05%       Mo: 0.0005%   Zn: 0.05%

         B:0.02% Cl: 0.1%           Co: 0.005%                 Cu: 0.05%₂O₅ 18%, supplemented with medium and minor nutrients.₂O ³ c) Fertilizers resulting from scientific research projects accepted by specialized science councils at the ministry level or national level, recognized as new fertilizers, and registered with the Ministry of Agriculture and Rural Development in the Fertilizer List. Application form for inclusion in the Fertilizer List 

(Form No. 01)

Minutes of the acceptance evaluation by the specialized science council;

Report on the results of the research project;

Decision or confirmation by the supervising ministry regarding the acceptance evaluation results of the specialized science council.

The registration documents include:

Other relevant documents (chemical, physical, biological characteristics, analysis results of nutrient components in fertilizers, usage instructions, etc.). 2. Annually, the Ministry of Agriculture and Rural Development will review the Fertilizer List to:;

a) Add fertilizers under point a and point c, Clause 1, Section II of these regulations to the Fertilizer List.

b) Remove from the Fertilizer List the following types of fertilizers:

Fertilizers that no longer exist in the market;

Fertilizers found to cause harm to production and the environment during use.

2. Annually, the Ministry of Agriculture and Rural Development shall review the Fertilizer List to:

a) Supplement fertilizer types falling under points a and c, Clause 1, Section II of this Regulation into the Fertilizer List.

b) Remove from the Fertilizer List the following types:

Fertilizer types that no longer exist in the market;

Fertilizer types found during use to cause harm to production and the environment;

Types of fertilizers listed in the Fertilizer Catalog for more than five years but have not re-registered with the Ministry of Agriculture and Rural Development.

Types of fertilizers that, after three consecutive inspections, have inspection quality levels not meeting the announced quality levels.

3. Organizations and individuals have the right to transfer production technology for types of fertilizers listed in the Fertilizer Catalog. The transfer of fertilizer production technology shall be carried out in accordance with Decree No. 45/1998/NĐ-CP dated July 1, 1998 detailing the transfer of technology and Decision No. 11/2002/TT-BKHCN dated November 29, 2002 of the Ministry of Science and Technology.

III. PRODUCTION AND USE OF FERTILIZERS

1. Production conditions for inorganic fertilizers are regulated by the Ministry of Industry.

2. Production of leaf fertilizers, microbial fertilizers, biological organic fertilizers, microbe-based organic fertilizers, mineral-based organic fertilizers, fertilizers supplemented with growth regulators, and soil amendment products must meet the following conditions: a) Possess a business registration certificate for fertilizer products issued by competent state authorities and comply with the conditions stipulated in Article 5, Chapter II of Decree No. 113/2003/NĐ-CP;

b) Have at least one specialist in fertilizers with a bachelor's degree or higher, either employed or hired;

c) Have a laboratory for testing fertilizer quality to self-inspect each batch of products.

3. Types of fertilizers permitted for production include:

a) Types of fertilizers listed in the Fertilizer Catalog;

b) Types of fertilizers specified in point c, Clause 1, Section II of this Regulation but

must be registered and obtain written approval from the Ministry of Agriculture and Rural Development. c) Allowable deviation when testing quality should not exceed ±5% for each main element registered in the fertilizer and not more than ±9% for the total of all main nutritional elements when announcing quality standards.;

4. Use of fertilizers:

a) Permitted types of fertilizers for use include:

- Fertilizers listed in the Fertilizer Catalog;

Traditionally processed organic fertilizers ensuring food safety and environmental hygiene;

Fertilizers resulting from scientific research projects approved by specialized fertilizer evaluation councils at the ministry or national level recognized as new fertilizers and registered with the Ministry of Agriculture and Rural Development.

b) Use of fertilizers must follow the "guidelines for use" provided by organizations and individuals producing and trading in fertilizers.

IV. IMPORT, EXPORT, AND TRADING OF FERTILIZERS

1. Organizations and individuals are permitted to import types of fertilizers listed in the Fertilizer Catalog published by the Ministry of Agriculture and Rural Development and are responsible for the quality of imported fertilizers.

2. Importing raw materials for fertilizer production or importing fertilizers in special cases must be approved in writing by the Ministry of Agriculture and Rural Development.

3. Importing new fertilizers not yet listed in the Fertilizer Catalog for trial purposes must be approved in writing by the Ministry of Agriculture and Rural Development. Only those fertilizers widely used abroad can be imported for trials. Fertilizers not yet tested or still undergoing tests abroad cannot be imported. Documents required for importing fertilizers for trial purposes include:

a) Application for Import of Fertilizers

(Form No. 02). b) Documentation on the characteristics of the fertilizer being trialed:

Trade name and other names;

Type of fertilizer (leaf fertilizer, root fertilizer);

Manufacturer’s name or company name and country of manufacture;

Characteristics: form (liquid, granular, powder), color;

Composition and nutrient content (specify analytical method) as follows:

Leaf fertilizer: major, secondary, and micronutrients, organic matter, carriers, and growth regulators (if applicable);

Biological organic fertilizer: organic matter content, biological active substances, moisture content, pH, and other nutrients (if applicable);

Mineral-based organic fertilizer: organic matter content, major, secondary, and micronutrients, moisture content;_{Soil pH}Microbial fertilizer: beneficial microorganism species and density, moisture content;

Organic-microbe fertilizer: organic matter content, beneficial microorganism species and density, moisture content;

Fertilizers supplemented with growth regulators: composition and content of nutrients in the base fertilizer and allowable growth regulators;

Soil amendment products: composition and content of each component in the product.

c) Documentation on the toxicity of fertilizers: for fertilizers produced from industrial waste, urban waste, and others containing harmful elements, heavy metal content (Pb, Hg, Cd, As), pathogenic microorganism density (E. coli, Salmonella), and parasitic eggs (Ascaris) must be analyzed.

d) For imported fertilizers: manufacturer’s name or company name and country of manufacture;

documentation permitting production and trade, and

usage instructions in the exporting country, fertilizer label. e) For domestically produced fertilizers: production process and author of the process; preliminary trial results (if available) and from the production facility.

f) Origin and main raw material components for fertilizer production. 4. Organizations and individuals are permitted to export fertilizers based on customer requirements. fertilizer label. 5. Fertilizers circulating in the market must have product labels complying with Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister and current regulations.

6. Trading fertilizers in the market requires a business registration certificate for fertilizer products issued by competent state authorities.

7. Fertilizer retail stores must comply with all procedures regarding agency regulations stipulated in the Commercial Law.

1. Directorate

a) Draft and submit to competent authorities for promulgation and implementation of regulatory documents and policies on fertilizer production (excluding inorganic fertilizer production) and use;

b) Coordinate with relevant agencies to develop plans and policies on fertilizer production (excluding inorganic fertilizer production) and use;.

V. IMPLEMENTATION

c) Receive and review applications for importing fertilizers; issue and revoke import permits for fertilizers and raw materials for fertilizer production. XXI

a) Draft and submit to competent authorities for issuance and implementation of regulatory legal documents and mechanisms/policies on fertilizer production (excluding inorganic fertilizer production) and fertilizer use;

b) Coordinate with relevant agencies to develop plans and policies on fertilizer production (excluding inorganic fertilizer production) and fertilizer use;

c) Receive and evaluate import permit applications for fertilizers; issue and revoke import permits for fertilizers and raw materials for fertilizer production;

d) Accept and process applications for the publication of quality standards, conformity declarations, and re-registration into the Fertilizer Catalogue for fertilizers produced and traded by enterprises with 100% foreign investment capital. foreign;

e) Establish the Fertilizer Catalogue and submit it to the Ministry of Agriculture and Rural Development for publication of the Fertilizer Catalogue;

g) Collect and manage information and materials related to fertilizers;

h) Organize inspections, audits, and handle violations in the production (excluding inorganic fertilizer production), trading, and use of fertilizers;

i) Promote and disseminate knowledge and experience on the production, trading, and use of fertilizers;

k) Cooperate internationally in the field of production (excluding inorganic fertilizer production), trading, and use of fertilizers.

2. Department of Science and Technology

a) Coordinate with relevant agencies to organize research and application of advanced science and technology in fertilizer production activities (excluding inorganic fertilizer production) and fertilizer use;

b) Organize the drafting of procedures, regulations, and standards for fertilizer production (excluding inorganic fertilizer production) and fertilizer use, and quality testing standards for fertilizers, and submit them to competent authorities for promulgation;

c) Cooperate internationally in the field of research and application of advanced science and technology in fertilizer production activities (excluding inorganic fertilizer production) and fertilizer use.

3. Provincial Departments of Agriculture and Rural Development

a) Develop plans for fertilizer demand at the local level;

b) Perform state management functions regarding fertilizers (excluding inorganic fertilizer production), guide and instruct on the effective use of various types of fertilizers without causing environmental pollution;

c) Inspect, audit, and handle violations in the production (excluding inorganic fertilizer production), trading, and use of fertilizers under local management. Report the results of inspection, audit, and violation handling to the Agricultural Department;

d) Accept and process applications for the publication of quality standards, conformity declarations, and re-registration into the Fertilizer Catalogue for fertilizers produced and traded by enterprises within the locality;

đ) Report to the Agricultural Department the situation of production, trading, use, and publication of quality standards, conformity declarations for fertilizers by organizations and individuals within the locality annually in December.

4. Responsibilities of organizations and individuals producing, trading, and using fertilizers

a) Organizations and individuals producing, trading, and using fertilizers must strictly comply with the contents of Decree 113/2003/NĐ-CP of the Government on the management of fertilizer production and trading; the contents of this Regulation and other relevant laws;

b) Organizations and individuals wishing to advertise fertilizers through organizing seminars, building demonstration models must comply with the Advertising Ordinance; Decision No. 24/2003/NĐ-CP dated March 13, 2003 of the Government detailing the implementation of the Advertising Ordinance and obtain the consent of the Provincial Department of Agriculture and Rural Development where the seminar or demonstration model is organized;

c) Organizations and individuals with a distribution network for fertilizers must ensure the quality of fertilizers according to the declaration and provide registration for the publication of quality standards, conformity declarations to affiliated distributors;

d) Distributors at all levels must have a business registration certificate for fertilizers issued by competent authorities, and must have a valid copy of the declaration of quality standards for various types of fertilizers;

đ) Annually in December, enterprises with 100% foreign capital National report their situation of production and trading of fertilizers to the Agricultural Department-Ministry of Agriculture and Rural Development; organizations and individuals producing and trading fertilizers in provinces and cities report their situation of production (excluding inorganic fertilizer production), trading of fertilizers to the Provincial Department of Agriculture and Rural Development where the enterprise's headquarters is located.

VI. VIOLATION HANDLING

1. The Provincial Department of Agriculture and Rural Development may recommend to the People's Committee of the province or city to temporarily suspend or halt operations for organizations and individuals that do not meet the conditionsstipulated in Article 5, Chapter II of Decree 113/2003/NĐ-CP and this Regulation. 2. For imported fertilizers that do not meet the registered quality standards, depending on the severity, they may be subject to administrative penalties,

or forced to be re-exported.3. For fertilizers produced, traded, and used, if they fail to meet the published quality standards after three consecutive inspections, the competent authorities may temporarily suspend or halt production and trading, and widely announce this on mass media.

4. Any person who abuses their position or authority and violates the provisions of Decree 113/2003/NĐ-CP and this Regulation, and engages in other acts contrary to the legal provisions on state management of fertilizers, shall be disciplined or criminally prosecuted, depending on the nature and degree of violation, and if damage is caused, compensation must be provided according to the law.

Bi

 

u PB-ĐKDMdevelopmentu mFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSAPPLICATION FOR REGISTRATION IN THE FERTILIZER CATALOGUE

Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSrom 202No.:  01

 

Agricultural Department

Respectfully submitted to:   Name and address, telephone, Fax of the registering organization or individual:...

Chemical name and trade name of the fertilizer being registered:...

Type of fertilizer: (leaf fertilizer, root fertilizer); form: (liquid, granular, powder...); color:...

Origin:

Imported fertilizer: indicate the manufacturer's name or company name and country of production;

Domestic-produced fertilizer: indicate the technological process and author of the process ...

Composition, nutrient content, analysis method;

Type of soil, region, test site: ...

Crop type tested: ...

Test period (start...end...)

Documents submitted along with the application: (label, usage instructions, test result reports...)

         Day         Month           Year 200

   Organization or individual applying for registration

(sign, stamp)

(signature, stamp)