Decree No. 84/2019/ND-CP on fertilizer management

DECREE

Regulations on fertilizer management

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Crop Production dated November 19, 2018;

At the request of the Minister of Agriculture and Rural Development,

The Government promulgates this Decree to regulate fertilizer management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations for Clause 5 Article 36, Clause 4 Article 37, Clause 3 Article 38, Clause 2 Article 40, Clause 4 Article 41, Clause 3 Article 42, Clause 3 Article 44, Clause 4 Article 45, Clause 4 Article 46, and Clause 2 Article 49 of the Law on Crop Production concerning fertilizer management.

Article 2. Interpretation of Terms

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

1. The main quality criteria of fertilizers are the quality criteria that determine the nature and function of fertilizers, as stipulated in national technical standards and used for classifying fertilizers.

2. The supplementary quality criteria of fertilizers are the quality criteria that affect the nature and function of fertilizers but are not considered main quality criteria, as stipulated in national technical standards and not used for classifying fertilizers.

3. Nutrient elements in fertilizers are chemical elements necessary for plant growth and development, including:

a) Major nutrient elements are nitrogen (N), phosphorus (P), potassium (K) in forms that plants can absorb;

b) Medium nutrient elements are calcium (Ca), magnesium (Mg), sulfur (S), silicon (Si) in forms that plants can absorb;

c) Trace nutrient elements are boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), zinc (Zn) in forms that plants can absorb.

4. Limiting factors in fertilizers are those factors with a risk of causing toxicity, affecting food safety, and environmental pollution, as stipulated in national technical standards.

5. Fertilizer production is the implementation of one, several, or all activities such as mixing, blending, grinding, sieving, preliminary processing, composting, fermentation, extraction, recycling, drying, moistening, granulation, packaging, and other activities through physical, chemical, or biological processes to produce fertilizer products.

6. Fertilizer trading is the implementation of one, several, or all activities such as offering for sale, displaying for sale, storing, preserving, transporting, wholesaling, retailing, exporting, importing, and other activities to bring fertilizers into circulation.

7. Substandard fertilizers are fertilizers whose quality criteria or limiting factors do not comply with the Decision recognizing fertilizers circulating in Vietnam or national technical standards.

8. Quality counterfeit fertilizers are fertilizers whose main quality criteria meet only 70% or less of the registered levels in the Decision recognizing fertilizers circulating in Vietnam (excluding main quality criteria involving microorganisms).

Article 3. Classification of Fertilizers

1. Chemical Fertilizers Group (also known as Inorganic Fertilizers) includes types of fertilizers produced from primary materials consisting of inorganic or synthetic organic substances, processed through chemical processes or mineral processing, and classified in detail according to their composition, content, or functions of the main quality criteria for plants or the chemical bonding of nutrient elements in fertilizers as stipulated in national technical standards.

2. Organic Fertilizers Group includes types of fertilizers produced from primary materials consisting of natural organic substances (excluding synthetic organic substances), processed through physical processes (drying, grinding, sieving, mixing, moistening) or biological processes (composting, fermentation, extraction), and classified in detail according to their composition or functions of the main quality criteria or production processes as stipulated in national technical standards.

3. Biological Fertilizers Group includes types of fertilizers produced through biological processes or having a natural origin, containing one or more biological substances such as humic acid, fulvic acid, amino acids, vitamins, or other biological substances, and classified in detail according to their composition or functions of the main quality criteria in fertilizers as stipulated in national technical standards.

4. Root Fertilizers are types of fertilizers belonging to one of the fertilizer groups specified in Clauses 1, 2, and 3 of this Article, used to provide nutrients to plants through roots or to improve soil quality.

5. Foliar Fertilizers are types of fertilizers belonging to one of the fertilizer groups specified in Clauses 1, 2, and 3 of this Article, used to provide nutrients to plants through stems or leaves.

Article 4. General provisions on the implementation of administrative procedures under this Decree

1. Submission of documents for administrative procedures: Depending on the conditions for receiving and delivering results of the administrative procedure handling agency, organizations and individuals may submit documents directly, send them through postal services, or transmit them via online environments (national single-window mechanism, online public services, electronic software, email, fax):

a) In cases of direct submission or submission through postal services: All components of the documents must be original copies or certified true copies from the original records or notarized copies, or submitted copies with the original presented for verification.

b) In cases of submission through online environments: All components of the documents must be scanned or photographed from the original.

2. Number of sets of documents: One set.

3. Time limit for responding to completeness of the documents:

a) In cases of direct submission: The administrative procedure handling agency shall check the components of the documents and respond immediately when the organization or individual submits the documents.

b) In cases of submission through postal services or online environments: Within a maximum period of two working days, the administrative procedure handling agency shall examine the completeness of the documents; if the documents are incomplete according to regulations, the agency shall notify the organization or individual to supplement the missing information.

4. Methods of paying fees and charges for administrative procedures: Organizations and individuals shall pay fees and charges according to current regulations directly at the administrative procedure handling agency or by bank transfer or other services.

5. Method of delivering results: The administrative procedure handling agency shall deliver the results of the administrative procedure handling directly at the place where the documents were received or send them through postal services or online environments.

6. Where this Decree contains provisions different from those specified in Clauses 1, 2, 3, 4, and Clause 5 of this Article, such provisions shall apply.

7. In cases where the documents are in a foreign language, they must have a Vietnamese translation certified by a translation agency.

8. Organizations and individuals are responsible for the legality of the submitted documents.

Chapter II

ISSUANCE, RENEWAL, EXTENSION, AND REVOCATION DECISION ON THE RECOGNITION OF FERTILIZERS FOR CIRCULATION

AND DECISION ON THE RECOGNITION OF ORGANIZATIONS FOR FERTILIZER TESTING

Article 5. Documents, procedures, and authority for issuing the Decision on the Recognition of Fertilizers for Circulation in Vietnam

1. The documents for requesting issuance of the Decision on the Recognition of Fertilizers for Circulation in Vietnam include:

a) Application form for requesting issuance of the Decision on the Recognition of Fertilizers for Circulation in Vietnam according to Form No. 01 attached as Appendix I to this Decree;

b) General information about fertilizers confirmed by the manufacturer including: type of fertilizer; name of fertilizer; form of fertilizer; usage instructions; application methods; shelf life; safety warnings; quality standards, and restricted element contents in fertilizers accompanied by test result certificates;

c) Original report on the testing results of fertilizers according to national standards for fertilizer testing (except for types of fertilizers specified in Point a, b, c of Clause 2, Article 39 of the Law on Crop Production);

d) Free circulation certificate issued by the exporting country (for imported fertilizers specified in Point a, b, c of Clause 2, Article 39 of the Law on Crop Production).

2. Procedures and authority for issuing the Decision on the Recognition of Fertilizers for Circulation in Vietnam are as follows:

Organizations and individuals shall submit the documents as stipulated in Clause 1 of this Article to the competent authority under the Ministry of Agriculture and Rural Development (hereinafter referred to as the competent authority).

Within three months from the date of receipt of all documents, the competent authority shall organize an assessment; if the documents meet the requirements, it shall issue the Decision on the Recognition of Fertilizers for Circulation in Vietnam (hereinafter referred to as the Recognition Decision) according to Form No. 03 attached as Appendix I to this Decree; in case of non-issuance of the Recognition Decision, it shall reply in writing and specify the reasons.

3. The validity period of the Recognition Decision is five years. Three months before the end of the circulation period, organizations and individuals wishing to renew must follow the renewal procedures stipulated in Article 7 of this Decree.

Article 6. Documents and Procedures for Reissuing the Decision Recognizing Fertilizers for Circulation in Vietnam

1. The application documents for reissuing the recognition decision include:

a) An application form for reissuing the recognition decision according to Form No. 01 attached as Appendix I to this Decree;

b) A document from the competent state management agency on intellectual property rights or from the court regarding trademark infringement (in case of changing the fertilizer name);

c) A new business registration certificate or investment certificate (in case of changing or supplementing information of the registered organization or individual);

d) The original or certified copy of the contract or agreement transferring the fertilizer (in case of transferring the fertilizer recognized in the recognition decision).

2. The procedure for reissuing the recognition decision is as follows:

Organizations and individuals submit the application documents as stipulated in Clause 1 of this Article to the competent authority.

Within seven working days from the date of receiving all documents, the competent authority will review the content of the documents. If the documents meet the requirements, the recognition decision will be issued according to Form No. 03 attached as Appendix I to this Decree; if the recognition decision is not issued, a written response must be provided with clear reasons.

3. The validity period of the reissued recognition decision shall be the same as that of the previously issued decision.

Article 7. Documents and Procedures for Extending the Recognition Decision for Fertilizers for Circulation in Vietnam

1. Application documents for extending the recognition decision include:

a) An application form for extending the recognition decision according to Form No. 01 attached as Appendix I to this Decree;

b) Notification of acceptance of the conformity declaration dossier or notification of the result of the state inspection of imported fertilizer quality;

c) Report on the production, export, import, and use of fertilizers according to Form No. 02 attached as Appendix I to this Decree.

2. The procedure for extending the recognition decision is as follows:

Organizations and individuals submit the application documents as stipulated in Clause 1 of this Article to the competent authority.

Within seven working days from the date of receiving all documents, the competent authority will review the content of the documents. If the documents meet the requirements, the recognition decision will be extended according to Form No. 03 attached as Appendix I to this Decree; if the recognition decision is not extended, a written response must be provided with clear reasons.

Article 8. Procedures, Formalities, and Authority for Revoking the Recognition Decision for Fertilizers for Circulation in Vietnam

1. In cases specified in point a, Clause 1, Article 38 of the Law on Crop Production, the competent authority will compile and review the information. Within five working days from the date of concluding that the fertilizer poses a high risk of adversely affecting human health and the environment, the competent authority will issue a decision to revoke the recognition decision.

2. In cases specified in point b, Clause 1, Article 38 of the Law on Crop Production, within five working days from the date of receiving the conclusion on the use of false materials or providing incorrect information about the fertilizer in the recognized circulation, the competent authority will issue a decision to revoke the recognition decision.

3. The revocation decision includes the following contents:

a) Name of the fertilizer - Fertilizer code;

b) Name of the organization or individual with the fertilizer;

c) Reasons for revoking the fertilizer including legal basis or scientific grounds;

d) Effectiveness of the revocation decision of the recognition decision.

4. The authority issuing the recognition decision has the authority to issue the revocation decision of the recognition decision.

Within two working days from the date of signing the decision, it must be officially published on mass media and the website of the competent authority.

Article 9. Minimum number of personnel to conduct fertilizer testing of fertilizer testing organizations

Fertilizer testing organizations must have sufficient personnel to conduct testing, including at least five formal employees responsible for conducting tests (civil servants or indefinite-term labor contracts or definite-term labor contracts of at least twelve months) in addition to the person directly in charge of the testing.

Article 10. Documents, procedures, and authority for issuing the Decision recognizing fertilizer testing organizations

1. The application documents for issuing the Decision recognizing fertilizer testing organizations include:

a) Application form for recognition of fertilizer testing organizations according to Form No. 04 attached as Appendix I to this Decree;

b) Description of conditions for conducting fertilizer testing according to Form No. 05 attached as Appendix I to this Decree.

2. Procedures and authority for issuing the Decision recognizing fertilizer testing organizations are as follows:

Organizations and individuals submit the application documents as stipulated in Clause 1 of this Article to the competent authority.

Within twenty working days from the date of receiving all application documents, the competent authority shall review the content of the documents, and if the documents meet the requirements, they will conduct an on-site inspection of the testing organization's conditions.

If the results of the on-site inspection meet the requirements, within five working days from the end of the inspection, the competent authority shall issue the Decision recognizing the fertilizer testing organization according to Form No. 06 attached as Appendix I to this Decree.

In cases where corrective actions are required based on the inspection report, within five working days from the receipt of the report on the results of the corrective actions, if the organization meets the requirements as stipulated, the competent authority shall issue the Decision recognizing the fertilizer testing organization according to Form No. 06 attached as Appendix I to this Decree; if the Decision is not issued, a written response with detailed reasons must be provided.

Article 11. Revocation of the Decision recognizing fertilizer testing organizations

1. The Decision recognizing fertilizer testing organizations shall be revoked in the following cases:

a) Fabricating or providing false reports on the results of fertilizer testing;

b) Altering or tampering with the content of the Decision already issued;

c) Failing to take corrective actions when there is a conclusion by the competent authority that the organization does not meet the conditions specified in Clause 1, Article 40 of the Plant Cultivation Law.

2. Within ten working days from the date of receiving information about violations stipulated in Clause 1 of this Article, the competent authority issuing the Decision recognizing fertilizer testing organizations shall verify the information and revoke the Decision recognizing the fertilizer testing organization when the organization violates any of the provisions in Clause 1 of this Article; the decision shall be published on the official website of the competent authority.

3. An organization whose Decision recognizing the fertilizer testing organization has been revoked may only be considered for accepting application documents for issuing the Decision recognizing the fertilizer testing organization after twenty-four months from the date the competent authority issues the revocation decision.

Chapter III

ISSUANCE, REISSUANCE, REVOCATION OF CERTIFICATE OF QUALIFICATION PRODUCTION AND SALE OF FERTILIZERS

Article 12. Detailed regulations on conditions for fertilizer production

1. Point a, Clause 2, Article 41 of the Plant Cultivation Law is specified as follows: The production area must be enclosed by walls or fences separating it from the outside; it must have sturdy structures; walls, ceilings, partitions, and doors must meet quality control requirements.

2. Point b, Clause 2, Article 41 of the Plant Cultivation Law is specified as follows: Production lines, machinery, and equipment for producing fertilizers must be suitable for the production process of each type and form of fertilizer as specified in Appendix II attached to this Decree.

3. Point c, Clause 2, Article 41 of the Plant Cultivation Law is specified as follows: There must be a laboratory recognized as meeting ISO 17025 standards or a contract with a designated testing organization in accordance with laws on product and commodity quality, except for facilities solely engaged in fertilizer packaging.

4. Point d, Clause 2, Article 41 of the Plant Cultivation Law is specified as follows: There must be a quality management system recognized as meeting ISO 9001 or equivalent standards; for newly established facilities, this must be achieved no later than one year from the date of issuance of the Certificate of Qualification for Fertilizer Production.

Article 13. Competence to issue, reissue, revoke the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade and to maintain conditions

1. The competent authority under the Ministry of Agriculture and Rural Development shall inspect, issue, reissue, and revoke the Certificate of Eligibility for Fertilizer Production according to Model No. 10 attached as Appendix I of this Decree.

2. The Department of Agriculture and Rural Development shall inspect, issue, reissue, and revoke the Certificate of Eligibility for Fertilizer Trade according to Model No. 11 attached as Appendix I of this Decree.

3. The issuing authority of the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade (hereinafter referred to as the Certificate) must post on the electronic portal of the agency immediately after issuing, reissuing, or revoking the Certificate.

Article 14. Documents for Issuing the Certificate of Eligibility for Fertilizer Production

1. Application for issuance of the Certificate of Eligibility for Fertilizer Production according to Model No. 07 attached as Appendix I of this Decree.

2. Description of production conditions for fertilizers according to Model No. 09 attached as Appendix I of this Decree.

3. Copy of a bachelor's degree or higher diploma of the person directly managing fertilizer production as stipulated in point e, Clause 2, Article 41 of the Law on Crop Cultivation.

Article 15. Documents for Issuing the Certificate of Eligibility for Fertilizer Trade

1. Application for issuance of the Certificate of Eligibility for Fertilizer Trade according to Model No. 08 attached as Appendix I of this Decree.

Article 16. Documents for Reissuing the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade

1. In case the Certificate of Eligibility for Fertilizer Production expires.

Three months before the expiration date of the Certificate of Eligibility for Fertilizer Production, organizations and individuals producing fertilizers who wish to continue producing fertilizers must submit the application documents for reissuance as prescribed in Article 14 of this Decree. If the documents have not changed, the organization or individual must submit the Application for Issuance of the Certificate of Eligibility for Fertilizer Production according to Model No. 07 attached as Appendix I of this Decree.

2. In case the Certificate is lost or damaged.

a) Application for reissuance of the Certificate according to Model No. 07 or Model No. 08 attached as Appendix I of this Decree;

b) Original Certificate that has been issued (in case the Certificate is damaged).

3. In case there is a change in the information of the organization or individual recorded on the Certificate.

a) Application for reissuance of the Certificate according to Model No. 07 or Model No. 08 attached as Appendix I of this Decree;

c) Original Certificate that has been issued.

4. In case there is a change in the production or trade location for fertilizers.

a) Application documents for reissuance as prescribed in Article 14 or Article 15 of this Decree;

b) Original Certificate that has been issued.

5. In case there is a change in the type of fertilizer, form of fertilizer, or production capacity in the Certificate of Eligibility for Fertilizer Production.

a) Application for reissuance of the Certificate of Eligibility for Fertilizer Production according to Model No. 07 attached as Appendix I of this Decree;

b) Description of production conditions for fertilizers according to Model No. 09 attached as Appendix I of this Decree;

c) Original Certificate of Eligibility for Fertilizer Production that has been issued.

Article 17. Procedures for Issuing and Reissuing the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade

1. Procedures for Issuing Certificates.

a) Procedures for Issuing the Certificate of Eligibility for Fertilizer Production are as follows:

Organizations and individuals submit the dossier to the competent authority specified in Clause 1, Article 13 of this Decree.

Within twenty working days from the date of receipt of all required documents, the competent authority shall examine the contents of the dossier. If the dossier meets the requirements, the actual conditions for fertilizer production and the fulfillment of obligations by organizations and individuals producing fertilizers as stipulated in Point i, Clause 2, Article 50 of the Law on Crop Cultivation shall be inspected, and a record of inspection shall be made according to Model No. 12 in Appendix I issued together with this Decree.

In cases where organizations and individuals producing fertilizers fail to meet the conditions, they must take corrective measures. After completing these measures, they must notify the competent authority in writing to arrange for an inspection of the corrected items. If the inspection results meet the requirements, within five working days from the end of the inspection, the competent authority shall issue the Certificate of Eligibility for Fertilizer Production according to Model No. 10 in Appendix I issued together with this Decree. If the certificate is not issued, the reasons must be stated in writing.

b) Procedures for Issuing the Certificate of Eligibility for Fertilizer Trade are as follows:

Organizations and individuals submit the dossier to the competent authority specified in Clause 2, Article 13 of this Decree.

Within ten working days from the date of receipt of all required documents, the competent authority shall examine the contents of the dossier. If the dossier meets the requirements, the conditions for fertilizer trade at the organization or individual shall be inspected, and a record of inspection shall be made according to Model No. 12 in Appendix I issued together with this Decree.

In cases where organizations and individuals trading in fertilizers fail to meet the conditions, they must take corrective measures. After completing these measures, they must notify the competent authority in writing to arrange for an inspection of the corrected items. If the inspection results meet the requirements, within three working days from the end of the inspection, the competent authority shall issue the Certificate of Eligibility for Fertilizer Trade according to Model No. 11 in Appendix I issued together with this Decree. If the certificate is not issued, the reasons must be stated in writing.

2. Procedures for Reissuing Certificates.

a) The procedures for reissuing the Certificate of Eligibility for Fertilizer Production as stipulated in Clauses 1, 4, and 5 of Article 16 of this Decree shall be carried out according to the provisions of Point a, Clause 1 of this Article.

b) The procedures for reissuing the Certificate of Eligibility for Fertilizer Trade as stipulated in Clause 4 of Article 16 of this Decree shall be carried out according to the provisions of Point b, Clause 1 of this Article.

c) The procedures for reissuing certificates as stipulated in Clauses 2 and 3 of Article 16 of this Decree.

Within five working days from the date of receipt of valid dossiers, the competent authority shall reissue the certificates. If the certificates are not reissued, the reasons must be stated in writing.

The validity period of the reissued certificate shall be the same as that of the original certificate.

Article 18. Revocation of the Certificate of Eligibility for Fertilizer Production and the Certificate of Eligibility for Fertilizer Trade

1. A production facility or trader of fertilizers shall have their certificate revoked in the following circumstances:

a) Using false documents or providing inaccurate information in the documents, which misrepresents the nature of the application dossier.

b) Altering or erasing the content recorded in the certificate.

2. The revocation of certificates as stipulated in Clause 1 of this Article shall be carried out by the competent authority issuing the certificates.

Within ten working days from the date of receiving information about violations as stipulated in Clause 1 of this Article, the competent authority issuing the certificates shall organize an examination of the information and issue a decision to revoke the certificate when the production facility or trader of fertilizers violates any of the provisions in Clause 1 of this Article; the decision shall be published on the electronic information portal of the issuing authority.

3. Organizations and individuals whose certificates have been revoked may only be considered for resubmission of the application dossier for issuance of the certificate after twenty-four months from the date the competent authority issues the decision to revoke the certificate.

Chapter IV

IMPORT OF FERTILIZERS, STATE CONTROL OVER IMPORT OF FERTILIZERS, SAMPLING AND ADVERTISING OF FERTILIZERS

Article 19. Import of fertilizers

1. Organizations and individuals importing fertilizers shall comply with the provisions set forth in Articles 44 and 46 of the Law on Crop Production.

2. In cases where importation is authorized under Clause 1 of Article 44 of the Law on Crop Production, the organization or individual receiving such authorization must present to the customs authority and state inspection agency the power of attorney issued by the organization or individual having fertilizer that has been granted a Decision recognizing fertilizer for circulation in Vietnam.

3. Organizations and individuals importing fertilizers, in addition to the documents and materials required for the import of goods, must submit (directly or through the National Single Window System) to the customs authority: The notification of the results of state inspection of the quality of imported fertilizers for cases stipulated in Clause 1 and points b, c, and g of Clause 2 of Article 44 of the Law on Crop Production; the import permit for fertilizers for cases stipulated in Clause 2 of Article 44 of the Law on Crop Production.

Article 20. Documents, procedures, and authority for issuing Import Permits for Fertilizers

1. The application documents for requesting an Import Permit for Fertilizers include:

a) An import registration form for fertilizers according to Form No. 13 attached as Appendix I to this Decree;

b) A technical declaration form according to Form No. 14 attached as Appendix I to this Decree;

c) A document from the manufacturer regarding quality standards, usage instructions, safety warnings, and limitations in fertilizers;

d) A Free Circulation Certificate issued by the exporting country (In cases of importing fertilizers as prescribed in points a, b, c, d, đ, e, and g of Clause 2 of Article 44 of the Law on Crop Production);

đ) Confirmation letter or invitation to participate in trade fairs or exhibitions in Vietnam (In cases of importing fertilizers as prescribed in point đ of Clause 2 of Article 44 of the Law on Crop Production);

e) Research outline on the fertilizers proposed for import (In cases of importing fertilizers as prescribed in point e of Clause 2 of Article 44 of the Law on Crop Production);

g) Import contract, export contract, or outsourcing contract with foreign partners (In cases of importing fertilizers as prescribed in point h of Clause 2 of Article 44 of the Law on Crop Production).

2. Procedures and authority for issuing Import Permits for Fertilizers are as follows:

Organizations and individuals submit the application documents as stipulated in Clause 1 of this Article to the competent authority.

Within seven working days from the date of receipt of complete and valid application documents, the competent authority shall issue an Import Permit for Fertilizers according to Form No. 15 attached as Appendix I to this Decree; if not issued, a written response stating the reasons must be provided.

Article 21. Documents, procedures, contents, and authority for State Inspection of Imported Fertilizer Quality

1. Application documents for registering state inspection of imported fertilizer quality include:

a) A state inspection registration form for imported fertilizer quality according to Form No. 16 attached as Appendix I to this Decree;

b) Copies of the following documents: Purchase and sale contract; list of goods attached (indicating the quantity registered and batch number of each consignment); goods invoice; airway bill, sea waybill, or railway waybill (for cases of goods imported by air, sea, or rail).

2. Inspection procedures and sampling are as follows:

a) Organizations and individuals submit the application documents as prescribed in Clause 1 of this Article to the state inspection agency as prescribed in Clause 4 of this Article;

b) The state inspection agency checks the completeness and validity of the application documents as prescribed in Clause 1 of this Article within one working day.

If the application documents are complete and valid, the state inspection agency confirms the registration form and proceeds with sampling according to regulations.

If the application documents are incomplete or invalid, the state inspection agency responds in writing and states the reasons.

c) Sampling for quality inspection.

Inspect the actual conformity of the fertilizer consignment at the sampling location against the documentation in the registration file. If it conforms, proceed with sampling the fertilizer. After sampling, the fertilizer sample must be sealed and a Record of State Inspection Sampling for Imported Fertilizer Quality according to Form No. 17 attached as Appendix I to this Decree must be prepared.

Test all quality indicators and limiting factors of the fertilizer according to national technical standards on fertilizer quality. If the quality indicators have not been designated for domestic laboratories, the agency responsible for state management of fertilizers may consider accepting the quality test results of the manufacturer.

d) Notification of inspection results.

Within ten working days from the date of sampling, the state inspection agency notifies the organizations and individuals of the results of state inspection of imported fertilizer quality according to Form No. 18 attached as Appendix I to this Decree.

Fertilizers may be stored in warehouses before the inspection results are available and shall be subject to customs inspection and supervision procedures for exported and imported goods.

3. Exemption and reduction of quality inspection for imported fertilizers

a) Exemption and reduction of inspection apply to fertilizers of the same name, code, and type produced by the same facility, from the same origin, and imported by the same importer, after three consecutive successful state inspections meeting import requirements. The quantity of each subsequent import shall not exceed the total quantity of the three consecutive imports used as the basis for exemption and reduction of inspection.

b) The exemption period is twelve months. The frequency of sampling for quality inspection for fertilizers subject to exemption and reduction of inspection shall be up to twenty percent within one year, selected randomly by the inspection agency.

c) During the period of exemption and reduction of inspection, the importer must submit the application documents for state inspection as prescribed in point a of Clause 1 of this Article to the state inspection agency for imported fertilizer quality as prescribed in Clause 4 of this Article. The inspection agency will only conduct sampling for quality inspection according to the frequency prescribed in point b of Clause 3 of this Article.

In cases where no sampling for quality inspection is conducted, within two days from the date of receipt of complete and valid application documents, the state inspection agency shall notify the organizations and individuals of the results of state inspection of imported fertilizer quality according to Form No. 18 attached as Appendix I to this Decree.

d) Documents and procedures for requesting exemption from inspection in accordance with Decree No. 74/2018/ND-CP dated May 15, 2018 of the Government amending and supplementing certain provisions of Decree No. 132/2008/ND-CP dated December 31, 2008 detailing certain articles of the Law on Product Quality and Decree No. 154/2018/ND-CP dated November 9, 2018 amending and supplementing certain regulations on investment conditions in the field of state management by the Ministry of Science and Technology and certain inspection regulations.

đ) During the period of applying the exemption from inspection regime, if imported goods circulating in the market are found to be non-compliant with national technical standards, the Decision recognizing fertilizer circulation in Vietnam, the agency responsible for state management of fertilizers shall issue a notice to stop applying the exemption from inspection regime.

4. The State inspection agency for the quality of imported fertilizers is the Plant Protection Department or an organization certified to meet the requirements under Decree No. 74/2018/ND-CP, Decree No. 154/2018/ND-CP, and authorized by the Plant Protection Department on a phased basis.

Article 22. Sampling and Testing of Fertilizers

1. Sampling of Fertilizers.

a) The sampling method shall be applied according to the National Standard on fertilizer sampling methods;

b) For types of fertilizers that do not have a National Standard on sampling methods, the organizations or individuals producing or importing such fertilizers must develop a sampling method for these fertilizers and obtain approval from the Plant Protection Department within twenty working days.

2. Testing of Fertilizers

a) Quality testing of fertilizers for state management purposes during importation, production, and circulation in the market shall be carried out by laboratories designated to perform such tasks.

b) The testing methods for fertilizer quality indicators and limiting factors are specified in the national technical standards. In cases where they are not specified in the national technical standards, the Plant Protection Department shall approve the applicable testing methods.

Article 23. Content, Duration of Training and Authority to Issue the Certificate of Fertilizer Sampling

1. Training content includes:

a) Current legal regulations on fertilizers;

b) Fertilizer sampling methods according to national standards;

c) Practical fertilizer sampling.

2. Duration of training: Five days.

Based on the results of the post-training examination, the competent authority shall issue the Certificate of Fertilizer Sampling according to Form No. 19 attached as Appendix I to this Decree.

3. Organizations and individuals requiring training in fertilizer sampling may register directly, through postal service, or online with the competent authority.

4. The Plant Protection Department shall develop a training program, compile training materials for fertilizer sampling; take the lead and coordinate with schools and institutes to organize training and issue the Certificate of Fertilizer Sampling.

Article 24. Documents, Procedures, Authorities for Confirming Fertilizer Advertisement Content

1. Documents for Requesting Confirmation of Fertilizer Advertisement Content:

a) Application for confirmation of fertilizer advertisement content according to Form No. 20 attached as Appendix I to this Decree;

b) A valid copy of the Decision recognizing fertilizer circulation in Vietnam;

c) Two advertisement scripts and electronic files recording audio, video, or design suitable for the type and method of advertising (except for advertising through seminar, conference, or event formats);

d) For advertising through seminar, conference, or event formats, there must be: a program (clearly stating the content); time; location; content of the presentation and handouts; list of speakers' names, positions, and professional qualifications.

2. Procedures and Authorities for Confirming Fertilizer Advertisement Content

Organizations and individuals submit documents as stipulated in Clause 1 of this Article to the Department of Agriculture and Rural Development;

Within five working days from the date of receipt of complete documents, the Department of Agriculture and Rural Development shall review; if the documents comply with the regulations, it shall issue a confirmation letter for the advertisement content according to Form No. 21 attached as Appendix I to this Decree; in case of disagreement, it shall issue a reply letter specifying the reasons.

The confirmation letter for the advertisement content has nationwide validity.

3. For advertising through seminar, conference, or event formats, at least two working days before the advertisement, organizations and individuals with fertilizers already issued a confirmation letter for advertisement content must notify the form, time, and location of the advertisement along with a copy of the confirmation letter for advertisement content to the Department of Agriculture and Rural Development where the advertisement takes place for inspection and supervision when necessary.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR FERTILIZERS

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. Submit to the Government for issuance of regulatory legal documents on fertilizer management, strategies, plans, programs, policies for fertilizer development; export and import of fertilizers.

2. Develop national technical standards and regulations on fertilizers.

3. Manage registration, testing, production, trading, export, import, quality control, labeling, advertising, and use of fertilizers in Vietnam.

4. Organize research, collect, and manage information and materials on fertilizer production and trading; international cooperation in the field of fertilizers.

5. Organize training, capacity building, propaganda, and dissemination of regulatory legal documents on fertilizers.

6. Organize inspections, checks, complaints resolution, and handling of violations related to fertilizer management.

7. Establish a testing system with sufficient capacity to serve state management of fertilizers; designate laboratories to act as arbiters and provide final conclusions when disputes or complaints arise regarding fertilizer test results.

8. Publish on the website of the Plant Protection Department the list of fertilizers recognized for circulation in Vietnam.

9. Delegate and authorize fertilizer management to subordinate agencies and localities; check the responsibility of localities in fertilizer management work; assign the Plant Protection Department to handle administrative procedures within the authority of the Ministry of Agriculture and Rural Development and implement this Decree according to its authority.

Article 26. Responsibilities of the Provincial Department of Agriculture and Rural Development

1. Submit to the People's Committee of the province for policies supporting fertilizer production, trading, and use within their jurisdiction.

2. Receive, monitor, inspect, and supervise the declaration of conformity of fertilizers by organizations and individuals; inspect the implementation of testing and advertising of fertilizers at the local level; publish on the department’s website the list of organizations and individuals who have registered to declare conformity of fertilizers.

3. Take the lead and coordinate with relevant agencies to organize propaganda, dissemination, and guidance on laws, providing information on fertilizer quality to organizations and individuals producing, trading, and consumers.

4. Inspect, check, and handle administrative violations in the fertilizer sector within their jurisdiction as prescribed by law. Regularly inspect trading conditions of fertilizers within their jurisdiction as stipulated in this Decree. Participate in coordination with the Ministry of Agriculture and Rural Development and related ministries in inspection, supervision, complaint resolution; handling of violations in fertilizer production, trading, and advertising within their jurisdiction.

5. Assign specialized plant protection and quarantine agencies at the local level to receive and process administrative procedures within the authority of the Provincial Department of Agriculture and Rural Development; implement fertilizer management at the local level according to their authority and are responsible for reporting annually or urgently on the implementation of this task to the Plant Protection Department as required.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Transitional Provisions

1. The results of fertilizer testing conducted in accordance with the provisions of Decree No. 108/2017/ND-CP dated September 20, 2017 of the Government on fertilizer management and implemented before the effective date of the Crop Production Law shall continue to be used.

2. Applications for issuing licenses, certificates, decisions recognizing, and state inspections on imported fertilizer quality submitted before the effective date of this Decree but not yet issued shall be processed according to the provisions of Decree No. 108/2017/ND-CP.

3. Types of fertilizers, components, and component names in decisions recognizing fertilizers circulating in Vietnam issued before the effective date of this Decree that do not comply with national technical standards on fertilizer quality set out in Appendix V attached to Decree No. 108/2017/ND-CP shall continue to be used as the basis for certification of conformity and declaration of conformity of fertilizers until the expiration date stated in the decision. The competent authority shall review and adjust types of fertilizers, components, and component names in decisions recognizing fertilizers circulating in Vietnam issued before the effective date of this Decree to comply with national technical standards on fertilizer quality upon request of organizations and individuals until the expiration date stated in the decision.

4. Decisions recognizing organizations meeting the conditions for fertilizer testing issued according to the provisions of Decree No. 108/2017/ND-CP shall be equivalent to decisions recognizing fertilizer testing organizations stipulated in this Decree.

5. Certificates of training for sampling fertilizers issued before the effective date of this Decree shall be equivalent to certificates of sampling fertilizers stipulated in this Decree.

6. Fertilizers with labels complying with the provisions of Decree No. 108/2017/ND-CP produced, imported, circulated, and used before the effective date of the Crop Production Law may continue to be circulated and used until the expiration date indicated on the fertilizer label. Labels and packaging with labels complying with the provisions of Decree No. 108/2017/ND-CP produced and printed before the effective date of the Crop Production Law may continue to be used, but not exceeding two years from the effective date of the Crop Production Law.

7. Import permits for fertilizers issued according to the provisions of Decree No. 108/2017/ND-CP shall continue to be used until their expiration date.

Article 28. Effective Date

1. This Decree shall take effect from January 1, 2020.

2. Decree No. 108/2017/ND-CP dated September 20, 2017 of the Government on fertilizer management shall cease to be effective from the date this Decree takes effect.

3. This Decree abolishes the regulatory legal documents listed in Appendix III attached hereto.

Article 29. Implementation Organization

1. The Minister of Agriculture and Rural Development shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.

Form No. 01

APPLICATION FOR ISSUANCE/REISSUANCE/EXTENSION
DECISION ON RECOGNITION OF FERTILIZERS FOR CIRCULATION IN VIETNAM

RESPECTFULLY SUBMITTED TO: PLANT PROTECTION DEPARTMENT

NAME OF REGISTERING ORGANIZATION/INDIVIDUAL: ... ADDRESS: ... BUSINESS REGISTRATION NUMBER/IDENTIFICATION CARD NUMBER/PUBLIC SERVICE CARD NUMBER: ... TELEPHONE: ... FAX: ... EMAIL: ...

APPLICATION

☐ ISSUE

Fertilizer researched or produced domestically;

Fertilizer imported into Vietnam for the first time;

Fertilizer already recognized for circulation with changes to quality criteria (excluding moisture content, bulk density or specific gravity, pH2O, C/N ratio, particle size) or usage method, or crop type in usage guidance.

REISSUE

☐ Change or supplement information of individuals or organizations with fertilizers already recognized for circulation; loss or damage of Decision on Recognition of Fertilizers for Circulation in Vietnam;

Transfer of fertilizer name;

Change of name of fertilizer already recognized for circulation.

Extension

ATTACHED DOCUMENTS:

1. LIST OF FERTILIZERS APPLIED FOR ISSUANCE/REISSUANCE/EXTENSION OF DECISION ON RECOGNITION OF FERTILIZERS FOR CIRCULATION IN VIETNAM

2. REPORT ON PRODUCTION, EXPORT, IMPORT AND USE OF FERTILIZERS (APPLICABLE FOR EXTENSION CASES).

3. DECISION ON RECOGNITION AS A TECHNOLOGY TRANSFER PRODUCT ACCORDING TO THE LAW ON TECHNOLOGY TRANSFER (NUMBER ... DATE ISSUED ... ISSUING AUTHORITY, CASE PROVIDED FOR IN POINT d, CLAUSE 2, ARTICLE 39 OF THE PLANT PRODUCTION LAW).

4.

WE HEREBY DECLARE THAT THE INFORMATION IN THIS APPLICATION AND ATTACHED DOCUMENTS IS TRUE AND COMPLIES WITH LAWS ON FERTILIZERS./.

LEGAL REPRESENTATIVE OF THE ORGANIZATION/INDIVIDUAL

(Signature, stamp)

(1) APPLICABLE FOR REISSUANCE AND EXTENSION.

(2) NOT APPLICABLE FOR REISSUANCE AND EXTENSION WITHOUT CHANGES TO USAGE GUIDANCE.

(5) APPLICABLE FOR EXTENSION ONLY.

Form No. 02

NUMBER: …/BC-

..., date..., month..., year...

REPORT
PRODUCTION, EXPORT, IMPORT AND USE OF FERTILIZERS
AND SITUATION

RESPECTFULLY SUBMITTED TO: PLANT PROTECTION DEPARTMENT

1. INFORMATION ON ORGANIZATION/INDIVIDUAL

2. SITUATION OF PRODUCTION, EXPORT, IMPORT OF FERTILIZERS DURING CIRCULATION PERIOD

3. SITUATION OF FERTILIZER USE DURING CIRCULATION PERIOD

3.2. EVALUATION OF EFFECTIVENESS OF CHANGES IN DOSAGE AND USE PERIOD 4. APPLICATION (IF ANY)

4.1. APPLICATION FOR CHANGES IN DOSAGE, USE PERIOD; QUALITY CRITERIA SUCH AS MOISTURE CONTENT, BULK DENSITY OR SPECIFIC GRAVITY, pH2O, C/N RATIO, PARTICLE SIZE; RESTRICTIONS ON BIURET, CADMIUM, FREE ACID AND REASONS FOR CHANGE.

4.2. OTHER APPLICATIONS.

4.3. ATTACHED DOCUMENTS AS BASIS AND EXPLANATIONS FOR APPLICATIONS AT ITEMS 4.1 AND 4.2.

(Signature, stamp)

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

Pursuant to …;
REGARDING RECOGNITION OF FERTILIZERS FOR CIRCULATION IN VIETNAM

DIRECTOR OF THE PLANT PROTECTION DEPARTMENT

Pursuant to the Law on Crop Production dated November 19, 2018;

BASED ON DECREE NO. …/2019/NĐ-CP OF …MONTH …YEAR 2019 OF THE GOVERNMENT ON MANAGEMENT OF FERTILIZERS;

BASED ON DECISION NO. …REGULATING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE PLANT PROTECTION DEPARTMENT;

DECISION:

Article 1. Recognize ... (2) fertilizer circulating in Vietnam of the following organizations and individuals:

Name of registering organization or individual: ...

Address:…

Telephone: ...

Business registration number (if any): …

Article 2. This Decision takes effect from the date of ... month ... year ... to the date of ... month ... year ...

Article 3. The organizations and individuals named in Article 1 and relevant agencies and organizations shall be responsible for implementing this Decision./.

(Signature, stamp)

Lru: (1).

(1) Leaders of units under the competent authority assigned the task of reviewing the recognition dossier for fertilizers.

(2) Quantity is written in both numerals and words.

Form number 04

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

APPLICATION FOR RECOGNITION
FERTILIZER TESTING ORGANIZATION

Respectfully submitted to: …(1)

1. Name of the organization applying for recognition: ...

4. Decision on establishment (if any)/Business Registration Certificate/Decision specifying functions, tasks, and powers number .../...

5. Attached documents:

WE HEREBY DECLARE THAT THE INFORMATION IN THIS APPLICATION AND ATTACHED DOCUMENTS IS TRUE AND COMPLIES WITH LAWS ON FERTILIZERS./.

LEGAL REPRESENTATIVE OF THE ORGANIZATION

(Signature, stamp)

1) Name of the competent authority. 2) Name of the organization applying for recognition.

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

..., day ... month ... year...

STATEMENT OF CONDITIONS
IMPLEMENTING FERTILIZER TESTING

Respectfully submitted to:

1. Name of Organization:...

Fax:

Telephone: …Fax: …Email: …

2. Human resources (person directly responsible for testing, person directly conducting testing)

3. Material and technical facilities as stipulated in the National Standard for Testing

a) Location for conducting testing

Note: (Name of organization) attaches documents proving the declared contents.

b) Area for processing and storing samples:

c) Name and quantity of equipment and software for data and test result analysis:

d) Equipment of the laboratory (if any): …

d) Equipment for testing:

e) Other equipment as required by the National Standard for Fertilizer Testing.

4. Results of fertilizer testing activities (if any): Tests and research results conducted by the registered testing organization.

5. Commitment of the organization applying for testing registration:

To comply with regulations on recognizing testing organizations.

To meet requirements of the competent authority when conducting evaluation for recognizing testing organizations.

To affirm that the declared contents are true, bear legal responsibility for the declared contents, and attach documents to prove the declared contents./.

LEGAL REPRESENTATIVE OF THE ORGANIZATION

(Signature, stamp)

Form number 06

..., day ... month ... year ...

No.:…/QĐ-…

Pursuant to …;

Regarding the recognition of fertilizer testing organizations

DIRECTOR OF THE PLANT PROTECTION DEPARTMENT

Pursuant to the Law on Crop Production dated November 19, 2018;

Pursuant to Decree No. .../2019/NĐ-CP dated ... month ... year 2019 of the Government on fertilizer management;

BASED ON DECISION NO. …REGULATING FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE PLANT PROTECTION DEPARTMENT;

At the proposal of …(1),

DECISION:

Article 1. Recognize …(2) under …(name of the managing unit, if any), located at …as an organization meeting the conditions to conduct fertilizer testing.

Article 2…(2) shall be responsible for:

1. Fully complying with Vietnamese laws on fertilizer testing and guidance from the Plant Protection Department.

2. Maintaining conditions for fertilizer testing operations throughout the period of operation.

Article 3. This Decision takes effect from the date of signature.

The organization named in Article 1 and relevant agencies and organizations shall be responsible for implementing this Decision./.

Place of receipt: As per Article 3; LEADERSHIP OF THE COMPETENT AUTHORITY (Signature, Seal)

(1) Leaders of units under the competent authority assigned the task of reviewing the recognition dossier for fertilizer testing organizations. (2) Name of the fertilizer testing organization.

Form No. 07

..., day... month... year ...

APPLICATION FOR ISSUANCE/REISSUANCE OF CERTIFICATE
MEETING CONDITIONS FOR PRODUCING FERTILIZERS

Respectfully submitted to: …(I)

Requesting the competent authority to issue a certificate confirming compliance with conditions for producing fertilizers

Type of production:

□ Producing fertilizers

□ Packaging fertilizers

Form of issuance:

New issuance

Reason for reissuance…

Attached documents:

WE HEREBY DECLARE THAT THE INFORMATION IN THIS APPLICATION AND ATTACHED DOCUMENTS IS TRUE AND COMPLIES WITH LAWS ON FERTILIZERS./.

(Signature, stamp)

(1) Name of the competent authority.

Form No. 08

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

..., day ... month ... year ...

APPLICATION FOR ISSUANCE/REISSUANCE OF CERTIFICATE
MEETING CONDITIONS FOR TRADING FERTILIZERS

Respectfully submitted to: …(1)

1. Name of establishment:...

Address:…

Business Registration Certificate/Business License/Individual Business Registration Certificate/Establishment Decision: No. …date …Issuing authority …

Name of the facility owner/legal representative: …

Telephone:…Fax:…Email: …

ID card/Citizen Identification Card number: ……. date issued: ….. issuing authority: …..

2. Storage location (warehouse) for fertilizers (if any): …

Requesting the competent authority to issue a certificate confirming compliance with conditions for trading fertilizers

□ Issue                                                   □ Reissue (reissue number:…)

Reason for reissuance …

Attached documents:

…………………………………………………………………………………………….

We hereby commit to comply with all laws and regulations related to fertilizers and other relevant laws./.

LEGAL REPRESENTATIVE OF THE ORGANIZATION, INDIVIDUAL (Sign and write full name)

(1) Name of the competent authority.

Form No. 09

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

..., day ... month ... year ...

STATEMENT
ON CONDITIONS FOR PRODUCING FERTILIZERS

RESPECTFULLY SUBMITTED TO: PLANT PROTECTION DEPARTMENT

I. INFORMATION ON THE ORGANIZATION, INDIVIDUAL

1. Name of the organization, individual: …

Address: …

Phone:…Fax: …

Email:…Website: …

2. Legal representative of the organization, individual:

Full name: …

Position: …

ID card/Citizen Identification Card/Passport number: …. date issued: …/…/… issuing authority: ….

Address: …

Telephone: …Fax:…Email: …

3. Person directly managing and overseeing production:

Full name: …

Position: …

Telephone: …Fax: …Email: …

II. INFORMATION ON PRODUCTION CONDITIONS

1. Factory:

Overall layout diagram (attached drawing)

Factory area (m²): …including:

+ Production area (m²): …

+ Raw material warehouse area (m²): …

+ Finished product warehouse area (m²): …

2. Statistics of fertilizer production lines, machinery, and equipment:

3. Layout drawings of the production line (attached drawings)

4. Process flow diagrams and descriptions: …

5. Direct labor for fertilizer production (projected): …

6. Types of fertilizers and registered production capacity

7. Quality control

Has a laboratory certified according to ISO 17025 standards

☐ Has a contract with a designated testing organization (Name of testing organization …).

8. Quality management system compliant with ISO 9001 or equivalent (Name of certifying organization …).

9. Documents attached to the statement (if any): …

LEGAL REPRESENTATIVE OF THE ORGANIZATION, INDIVIDUAL (Sign, Stamp)

Form No. 10

CERTIFICATE OF COMPLIANCE WITH CONDITIONS FOR PRODUCING FERTILIZERS

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

Conditions for using the Certificate

1. Store the Certificate at the main office and present the Certificate when requested by the competent authority.

2. Do not erase, alter the contents of the Certificate.

3. Do not transfer, lease, lend the Certificate.

4. Do not produce outside the production location specified.

PLANT PROTECTION DEPARTMENT

5. Report to the Plant Protection Department when there is a change in conditions or cessation of fertilizer production activities.

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY
MEETING CONDITIONS FOR PRODUCING FERTILIZERS

Number: …/GCN-…Date: …day …month …year …

…, day ... month ... year ...

CERTIFICATE
Meeting the Conditions for Producing Fertilizers

Number: /GCN- …(1)

Name of organization/person: __ Main office address: __ Telephone: __ Fax: __ Email: __ Production address: __ Business registration number: __

Certified as meeting the conditions for producing fertilizers:

1. Form of production

FERTILIZER PRODUCTION

☑ Packaging fertilizers

2. Production capacity

NAME OF THE ADMINISTRATIVE AUTHORITY

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY
MEETING CONDITIONS FOR TRADING FERTILIZERS

Number:…/GCN-BBP

 

LEADER OF THE AUTHORIZED AUTHORITY
(Signature, stamp)

(1) Name of the authorized authority

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

INSPECTION RECORD

Conditions for producing or trading fertilizers

Pursuant to the Law on Crop Production dated November 19, 2018;

Pursuant to Decree number ... dated ... month ... year ... of the Government on fertilizer management;

Pursuant to Decision number ... dated ... of ... (1) regarding the establishment of inspection teams.

Today, the ... day ... month ... year ..., at ...

Address: …

We include:

Representatives of the inspection team:

1. Mr./Ms.: …, Position: …

2. Mr./Ms.: …, Position: …

Representatives of the organization/person producing/trading fertilizers:

1. Mr./Ms.: …, Position: …

2. Mr./Ms.: …, Position: …

I. CONTENTS OF INSPECTION

…………………………………………………………………………………………………

II. RESULTS OF INSPECTION

(specify the evaluation of each condition according to the provisions of the law)

The inspection ended at ... hours ... on the ... day ... month ... year ...

The record has been read to the inspection team, representatives of the organization/person producing/trading fertilizers, who have heard it and agreed to sign the record. The record is made in two copies, both having equal legal force. The inspection team retains one copy and one copy is kept at ... as a basis for enforcement.

(Signature)

(1) Name of the competent authority.

Model Number 13
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

NAME OF THE ORGANIZATION, INDIVIDUAL

APPLICATION FOR IMPORTING FERTILIZER

RESPECTFULLY SUBMITTED TO: PLANT PROTECTION DEPARTMENT

1. Name of the organization, individual: …

Address: …

Telephone: …Fax: …

2. Name of fertilizer: …

3. Quantity to be imported: …

4. Manufacturer, country of origin: …

5. Purpose of import

Fertilizer for trial

Fertilizer for sports fields, recreational areas

Fertilizer used in foreign projects in Vietnam

Fertilizer as gifts or samples

Fertilizer for exhibitions

Fertilizer for scientific research

Fertilizer as raw material for other fertilizers

☐ Temporary import/export or transit through Vietnamese border gates; storage in bonded warehouses; import into export processing zones

8. Documents submitted:…

We commit to fully comply with all current laws related to imported fertilizers.

For contact purposes, please refer to the following address: …, telephone: …, Fax: …, E-mail: …

..., date..., month..., year...

Organization/person applying (Signature, Stamp)

Model No. 14

TECHNICAL DECLARATION

1. Name of fertilizer: …

Other name (if any): …

2. Country of origin: …

3. Type of fertilizer: Inorganic fertilizer □; Organic fertilizer □; Bio-fertilizer □

5. Method of application: Root application □; Foliar application □

6. Form of fertilizer: Solid form □; Liquid form □

7. Packaging (specify type of packaging, weight or volume): …

8. Quality standards (according to manufacturer's standard)

9. Restricted elements in fertilizer (as prescribed in technical regulations if applicable)

11. Usage instructions (1):

- Crop to be used: …

- Dosage per unit area, specify for each crop:…

- Area of application, specify for each crop:…

- Other precautions during usage: …

12. Warnings about adverse effects on health and environment: …

We affirm and take responsibility for the accuracy and truthfulness of the information in this technical declaration and commit to fully comply with all current laws related to imported fertilizers.

 

____________________

(1) Only declare in cases of importing fertilizers as stipulated in point a, b, c, e clause 2 Article 44 of the Cultivation Law. Number: …/GPNK-

Model Number 15

PERMIT FOR IMPORTING FERTILIZER

..., date..., month..., year...

Considering the application for importing fertilizer dated ... day ... month ... year ... of ... (1), located at ..., regarding the importation of fertilizer, the Plant Protection Department hereby comments as follows:

Respectfully submitted to:…(1)

1. Agree that ... (1) may import the following fertilizer:

Manufacturer, country of origin

3. Port of entry: …

4. The types of fertilizer listed above can only be used for the purpose stated in item 2 of this permit.

5... (1) shall report the results of importing the fertilizer to the Plant Protection Department after importation.

6. The validity period of the Permit is one year from the date of issuance./.

- Customs at the port of entry;

 

____________________

APPLICATION FOR STATE INSPECTION

Model Number 16

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

ON QUALITY OF IMPORTED FERTILIZERS
(Valid until ... day ... month ... year ...)

Organization/person: …

Respectfully submitted to: …(1)

Address: …

Telephone:...Fax:...

Apply for quality inspection of the following fertilizer:

Address: …

Telephone:...Fax:...

Apply for inspection of the above consignment at the location

(location, warehouse layout for inspection) - Contract number: …:

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

 

1. The legality and validity of the dossier;

2. To keep the goods in their original state at the registered location and present the goods along with the customs documents for ………(1) to conduct the state inspection of the quality of the imported fertilizer consignment;

3. Not to put the goods into production, trade, or use until ……. (1) issues a notification concluding that the consignment meets the required quality standards.

NAME OF STATE INSPECTION AUTHORITY

 

____________________

INSPECTION AUTHORITY...

Model Number 17

 

STATE RECORD OF SAMPLE COLLECTION FOR QUALITY CONTROL OF IMPORTED FERTILIZERS

FOR QUALITY CONTROL OF IMPORTED FERTILIZERS

According to the registration for inspection: …Date …../…/…

Name of organization or individual importing fertilizers: …

Name of representative of organization or individual importing fertilizers: …

Sampling location: …

Time of sampling: …

Name of sampler: …

1. Detailed information on sample collection:

2. Characteristics of the fertilizer lot:

Date of production:…Expiry date: …

Packaging specifications: …

Manufacturer…Country of origin:…

Condition of the consignment: □ Intact □ Not intact (specific description) …

Labeling: □ Complies with labeling regulations and inspection registration documents

□ Does not comply with labeling regulations and inspection registration documents

Reason for non-compliance: …

(Attached detailed images)

3. Required inspection/test criteria: …

4. Other contents (if any): …

The samples collected and sealed were witnessed by Mr./Ms. …representative of …(name of organization/individual importing fertilizers).

Each sample is divided into three units: one unit for testing, one unit stored at ...(name of organization/individual importing fertilizers), and one unit stored at …(name of state control agency).

This record is made in two identical copies, both parties have agreed to it, each party retains one copy.

 

 

REPRESENTATIVE OF STATE CONTROL AGENCY
(Signature, full name)

Model Number 18

NOTICE OF STATE INSPECTION RESULTS

FOR QUALITY CONTROL OF IMPORTED FERTILIZERS

Fertilizer name: …

Fertilizer code: …

Date of production …, Expiry date …, Country of origin…

Quantity: …Weight: …

Belongs to customs declaration number:…date: …

Customs clearance procedures completed at customs: …

Contract number:…Date…

Goods list:…

Invoice number: …

Waybill number: …

Organization or individual importing: …

Address, phone number: …

Inspection registration number: …

Sampling inspection location: …

Basis for inspection: …

 

INSPECTION RESULTS

□ Lot meets import quality requirements

□ Lot does not meet import quality requirements (specify reasons for non-compliance with detailed inspection results)

 

Model Number 19

Model Number 19

 

Mr./Ms.: ...

Date of Birth: ...

Place of birth: ...

Address: …

Completed the training program "sample collection for fertilizer"From date: …to date …

At …

This certificate is valid nationwide and has no expiration date.

NAME OF ORGANIZATION/INDIVIDUAL

 

____________________

(1) Name of the competent authority.

 

Model Number 20

 

PETITION FOR APPLICATION

Phone number:…Fax:…Email:…

Respectfully submitted to: …(1)

Legal Representative of the Organization or Individual: …

Address: …

Name and phone number of person responsible for registering the file: …

We respectfully request …(1) to review and confirm the advertising content for the following fertilizer:

…………………………………………………………………………………………………..

Decision number recognizing fertilizer circulation

We commit to advertise according to the confirmed content, complying with laws governing fertilizer management and other advertising laws. If we advertise incorrectly, we will fully accept responsibility under the law./.

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

Number: …/….-…

 

____________________

(1) Name of the competent authority.

 

Model Number 21

 

1. Advertising medium:

(In case of advertising on radio, television, print media, specify the name of the publication intended for advertising; in case of advertising through seminars, conferences, events, specify the specific time and place planned, and the speaker)

2. Advertising content: Consistent with the Decision recognizing fertilizer circulation in Vietnam regarding the type of fertilizer, name of fertilizer, quality standards, usage methods, crop types, dosage.

…………………………………………………………………………………………………

…………………………………………………………………………………………………

3. Advertising validity (2): …

Organizations/individuals responsible for advertising must adhere to the confirmed content.

(2) Advertising validity is recorded according to the validity of the Decision recognizing fertilizer circulation in Vietnam.

 

____________________

(1) Name of the competent authority.

FERTILIZER PRODUCTION LINES, MACHINERY, AND EQUIPMENT

 

ANNEX II

Production lines, machinery, and equipment must be suitable for the production process of each type and form of fertilizer as stipulated in Point b Clause 2 Article 41 of the Crop Cultivation Law.
(ISSUED TOGETHER WITH DECREE NO. 84/2019/NĐ-CP OF NOVEMBER 14, 2019 OF THE GOVERNMENT)

1. Solid fertilizer (powder, granules, pellets) production must have conveyor belts (except for production lines with capacity less than 1,000 tons/year) to transport raw materials to mixers or from mixers to finished product containers. Liquid fertilizer production must have systems with mixing structures such as rotating or stirring mechanisms to blend raw materials or semi-finished products into final products. Granule and pellet production must have machines and equipment for granulation and pressing. Powder production must have grinding or screening equipment. 2. Liquid fertilizer production must have containers for raw materials and semi-finished products, mechanical or pneumatic mixing systems to blend and produce final products; pipelines and pumps within the production line to transport raw materials to mixers and from mixers to storage tanks before packaging. .

3. Fertilizer production requiring moisture content below 12% must have drying equipment in the production line. Fertilizer requiring particle size must have sieving equipment.

4. Must have scales or measuring devices meeting legal measurement accuracy requirements to monitor the weight or volume of raw materials and finished products.

5. Facilities producing their own microbial strains for microbial-containing fertilizers must have equipment for creating, culturing, and preserving microorganisms.

6. Facilities self-hydrolyzing raw materials for biological-containing fertilizers must have hydrolysis equipment ensuring safety and environmental monitoring equipment suitable for the production process.

LIST OF LEGAL DOCUMENTS ABOLISHED BY THE MINISTER

1. Decision No. 219/1998/QĐ-BNN/KHCN dated December 30, 1998, of the Minister of Agriculture and Rural Development supplementing 128 types of fertilizers to the "List of Fertilizers Used and Circulated in Vietnam".

 

ANNEX III

2. Decision No. 74/2001/QĐ-BNN dated July 10, 2001, of the Minister of Agriculture and Rural Development supplementing 9 types of fertilizers to the "List of Fertilizers Used and Circulated in Vietnam". AGRICULTURE AND RURAL DEVELOPMENT 

3. Decision No. 68/2003/QĐ-BNN dated June 16, 2003, of the Minister of Agriculture and Rural Development promulgating the "List of Fertilizers Requiring Quality Standard Announcement".
(ISSUED TOGETHER WITH DECREE NO. 84/2019/NĐ-CP OF NOVEMBER 14, 2019 OF THE GOVERNMENT)

1. Decision No. 219/1998/QĐ-BNN/KHCN dated December 30, 1998, of the Minister of Agriculture and Rural Development on supplementing 128 types of fertilizers to the "List of Fertilizer Types Allowed for Use and Circulation in Vietnam".

2. Decision No. 74/2001/QĐ-BNN dated July 10, 2001, of the Minister of Agriculture and Rural Development on supplementing 09 types of fertilizers to the "List of Fertilizer Types Allowed for Use and Circulation in Vietnam".

3. Decision No. 68/2003/QĐ-BNN dated June 16, 2003, of the Minister of Agriculture and Rural Development on promulgating the "List of Fertilizers Required to Publish Quality Standards".

Decision No. 94/2006/QĐ-BNN dated October 23, 2006, issued by the Minister of Agriculture and Rural Development on the issuance of the "List of fertilizers subject to industry standards."

Decision No. 119/2006/QĐ-BNN dated December 29, 2006, issued by the Minister of Agriculture and Rural Development on the issuance of the "List of fertilizers required to have quality certification in accordance with industry standards."

Decision No. 10/2007/QĐ-BNN dated February 6, 2007, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Decision No. 59/2008/QĐ-BNN dated May 9, 2008, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Decision No. 105/2008/QĐ-BNN dated October 22, 2008, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 17/2009/TT-BNN dated March 27, 2009, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 43/2009/TT-BNNPTNT dated July 14, 2009, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 62/2009/TT-BNNPTNT dated September 25, 2009, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 85/2009/TT-BNNPTNT dated December 30, 2009, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 40/2010/TT-BNNPTNT dated June 29, 2010, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Clause 2, Article 1 of Circular No. 49/2010/TT-BNNPTNT dated August 24, 2010, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of crop varieties and fertilizers permitted for production, trading, and use in Vietnam."

Clause 3, 4, Article 1 of Circular No. 65/2010/TT-BNNPTNT dated November 5, 2010, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of crop varieties and fertilizers permitted for production, trading, and use in Vietnam and the List of veterinary drugs, vaccines, biological preparations, microorganisms, and chemicals for veterinary use permitted for circulation in Vietnam."

Clause 2, 3, Article 1 of Circular No. 70/2010/TT-BNNPTNT dated December 8, 2010, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of crop varieties and fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 29/2011/TT-BNNPTNT dated April 15, 2011, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 42/2011/TT-BNNPTNT dated June 6, 2011, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 59/2011/TT-BNNPTNT dated August 30, 2011, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 86/2011/TT-BNNPTNT dated December 16, 2011, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 13/2012/TT-BNNPTNT dated March 19, 2012, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 31/2012/TT-BNNPTNT dated July 20, 2012, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 45/2012/TT-BNNPTNT dated September 12, 2012, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 64/2012/TT-BNNPTNT dated December 24, 2012, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 38/2013/TT-BNNPTNT dated August 9, 2013, issued by the Minister of Agriculture and Rural Development on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."

Circular No. 19/2014/TT-BNNPTNT dated June 23, 2014, issued by the Minister of Agriculture and Rural Development amending and supplementing Circular No. 38/2013/TT-BNNPTNT dated August 9, 2013, on the issuance of the "Supplementary List of fertilizers permitted for production, trading, and use in Vietnam."