Decision No. 91/2002/QĐ-BNN on issuing regulations for the issuance of certificates of practice for the production, processing, bottling, packaging, and trading of plant protection chemicals

Pursuant to …;

Regarding the issuance of regulations on issuing certificates for the practice of producing, processing, bottling, packaging, and trading in plant protection chemicals.

trade in plant protection chemicals

_______________________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Based on Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on the Enterprise Law and guiding documents for the implementation of the Enterprise Law;

Based on Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government promulgating the Plant Protection Regulations, Plant Quarantine Regulations, and Plant Protection Chemical Management Regulations.

At the proposal of the Director of the Plant Protection Department and the Head of the Science, Technology, and Product Quality Department.

Pursuant to …;

Article 1: Issued under this Decision are the "Regulations on Issuing Certificates for the Practice of Producing, Processing, Bottling, Packaging, and Trading in Plant Protection Chemicals".

These regulations apply to organizations and individuals engaged in the production, processing, bottling, packaging, and trading in plant protection chemicals within the territory of Vietnam.

Article 2: This Decision takes effect fifteen days from the date of signature. Previous provisions contrary to these regulations are hereby abolished.

Article 3The Heads of the Office, the Director of the Plant Protection Department, the Head of the Science, Technology, and Product Quality Department, the Heads of relevant agencies, Directors of Provincial Departments of Agriculture and Rural Development, and related organizations and individuals are responsible for implementing this decision.

REGULATIONS

ON THE ISSUANCE OF PRACTICE CERTIFICATES FOR PRODUCING, PROCESSING, BOTTLING, PACKAGING, AND TRADING IN PLANT PROTECTION CHEMICALS
(Issued pursuant to Decision No. 91/2002/QĐ-BNN dated October 11, 2002 of the Minister of Agriculture and Rural Development)

Chapter 1:

GENERAL PROVISIONS

Article 1. A practice certificate for producing, processing, bottling, packaging, and trading in plant protection chemicals (hereinafter referred to as the practice certificate) is a document issued by the provincial Plant Protection Service to individuals who have the necessary professional qualifications to engage in the practice of producing, processing, bottling, packaging, or trading in plant protection chemicals.

Article 2.

1. The practice certificate shall only be issued to individuals, not to organizations.

2. For organizations (state-owned companies, limited liability companies, joint-stock companies, joint ventures, wholly foreign-owned companies) engaged in the production, processing, bottling, packaging, or trading in plant protection chemicals, the following provisions apply:

a) In factories and workshops producing, processing, bottling, or packaging plant protection chemicals, the person directly managing such activities must hold a practice certificate;

b) In branches and retail stores of companies or cooperative service enterprises for plant protection chemicals, at least one manager of a trading establishment must hold a practice certificate.

3. For fixed-location retail stores selling plant protection chemicals (individual businesses operated by an individual or a household), the store owner must hold a practice certificate.

4. The practice certificate shall be issued according to a uniform model throughout the country (Annexes 3 and 4).

Article 3.

The practice certificate is one of the conditions for business registration. The competent state agency will issue a Business Registration Certificate when the person directly managing or operating the production, processing, bottling, packaging, or trading in plant protection chemicals holds a practice certificate issued by the provincial Plant Protection Service.

Organizations and individuals are permitted to engage in the production, processing, bottling, packaging, or trading in plant protection chemicals once they meet all the conditions specified in Articles 7 and 16 of the Plant Protection Chemical Management Regulations promulgated together with Decree No. 58/2002/NĐ-CP dated June 3, 2002 of the Government, and must commit to complying with those conditions during their operations.

Article 4.

The provincial Plant Protection Service is responsible for reviewing applications and processing the issuance of practice certificates. Such practice certificates are valid for practice within the province or centrally-administered city that issued them.

Within fifteen days of receiving a complete application, the provincial Plant Protection Service must review and issue the certificate. If it cannot issue the certificate due to any reason, it must notify the applicant in writing.

Article 5.

The validity period of the practice certificate is three years from the date of issuance. If the holder wishes to continue practicing after the expiration, they must apply for renewal to the provincial Plant Protection Service one month before the expiry date.

Holders of practice certificates must participate in training courses organized by the provincial Plant Protection Service on specialized knowledge and new legal documents as a basis for renewing their practice certificates.

If a practice certificate is lost, the holder must immediately report to the provincial Plant Protection Service and apply for a replacement.

Article 6.

1. It is strictly prohibited to lease or lend practice certificates to others or use them for other purposes.

2. Holders of practice certificates must pay fees as prescribed by law.

Article 7.

1 . Practice certificates will be revoked in the following cases:

a) Leasing or lending the practice certificate to others;

b) Practicing outside the authorized scope;

c) Altering or tampering with the practice certificate;

d) The death of the holder of the practice certificate.

2. The provincial Plant Protection Service that issued the practice certificate has the authority to revoke it.

Chapter 2:

PRACTICE CERTIFICATE FOR PRODUCING, PROCESSING, BOTTLING, AND PACKAGING PLANT PROTECTION CHEMICALS

Article 8

The conditions for issuing a practice certificate for individuals directly managing and operating plant protection chemical production, processing, bottling, and packaging activities as stipulated in Article 8 of the Plant Protection Chemical Management Regulation issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002, of the Government are as follows:

1. Having a bachelor's degree or higher in chemistry or plant protection.

2. Holding a health certificate issued by a health agency at the district level or higher in accordance with regulations.

Article 9.

1. The application dossier for issuing a practice certificate for plant protection chemical production, processing, bottling, and packaging includes:

a) Application form for a practice certificate (Annex 1);

b) A certified copy of the academic diploma in chemistry or agriculture (crop cultivation, plant protection) at the bachelor's degree level or higher;

c) A curriculum vitae confirmed by the People's Committee of the commune, ward, or town where the applicant resides;

d) A health examination certificate issued by a health center at the district or provincial city level;

đ) Three passport-sized photographs measuring 4 cm x 6 cm.

2. The application dossier for extending a practice certificate includes:

a) Application for extension of a practice certificate;

b) A health examination certificate issued by a health center at the district or provincial city level;

c) Proof of participation in specialized training courses on professional knowledge and new laws organized by the Provincial Plant Protection Service.

Chapter 3:

PRACTICE CERTIFICATE FOR THE SALE OF PLANT PROTECTION CHEMICALS

Article 10.

The conditions for issuing a practice certificate for the sale of plant protection chemicals as stipulated in Article 17 of the Plant Protection Chemical Management Regulation issued together with Decree No. 58/2002/NĐ-CP dated June 3, 2002, of the Government are as follows:

1. Having a bachelor's or college degree in agriculture or forestry, or holding a certificate of attendance in a specialized course on plant protection chemicals issued by the Provincial Plant Protection Service.

2. Holding a health certificate issued by a health agency at the district level or higher in accordance with regulations.

Article 11

1. The program of the specialized course on plant protection chemicals includes:

a) Content:

- Legal documents on plant and quarantine related to plant protection chemicals.

- Legal documents on trade related to plant protection chemicals.

- Legal documents on administrative penalties related to plant protection chemicals.

- Basic knowledge about types of plant protection chemicals, the impact of these chemicals on the environment and human health.

- Regulations on safety in circulation, supply, storage, sale, and use of plant protection chemicals.

- Practical fieldwork.

b) The duration of study is three months (equivalent to twelve weeks).

After completing the study period, the Provincial Plant Protection Service will organize an examination and issue a certificate of attendance (Annex 5).

2. The certificate of attendance in a specialized course on plant protection chemicals is valid for three years for the issuance of a practice certificate.

Article 12.

1. The application dossier for issuing a practice certificate for the sale of plant protection chemicals includes:

a) Application form for a practice certificate (Annex 2);

b) A certified copy of the bachelor's or college degree in agriculture or forestry, or a certificate of attendance in a specialized course on plant protection chemicals issued by the local Plant Protection Service;

c) A curriculum vitae confirmed by the People's Committee of the commune or ward where the plant protection chemical seller resides;

d) A health examination certificate issued by a health center at the district or provincial city level;

đ) Three passport-sized photographs measuring 4 cm x 6 cm.

2. The application dossier for extending a practice certificate includes:

a) Application for extension of a practice certificate;

b) A health examination certificate issued by a health center at the district or provincial city level;

c) Proof of participation in specialized training courses on professional knowledge and new laws organized by the Provincial Plant Protection Service.

Chapter 4:

IMPLEMENTATION RESPONSIBILITY

Article 14.

Individuals who have been issued a practice certificate must participate in regular training sessions to enhance their professional skills and fully understand the legal regulations on the management and use of plant protection chemicals.

Individuals who have been issued a practice certificate must maintain contact and submit activity reports regularly to the Provincial Plant Protection Service that issued the certificate. When changing business addresses, they must notify the Service in writing.

Article 15.

The Provincial Plant Protection Service has the responsibility to organize or coordinate with other organizations to conduct advanced training sessions, disseminate, and update legal documents on plant protection and other relevant legal provisions.

Within ten days from the date of issuing a practice certificate for plant protection chemical production, processing, bottling, and packaging, the Provincial Plant Protection Service must send a complete copy of the application dossier for the practice certificate to the National Plant Protection Service for monitoring.

The Provincial Plant Protection Service must maintain a record of the issuance of practice certificates. Quarterly and annual reports must be submitted to the National Plant Protection Service.

Article 16.

The National Plant Protection Service is responsible for guiding, monitoring, organizing inspections, and supervising the Provincial Plant Protection Services in the issuance of practice certificates.