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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.113/2003/ND-CP
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Hanoi, October
7, 2003
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DECREE
ON THE MANAGEMENT
OF FERTILIZER PRODUCTION AND TRADING
THE GOVERNMENT
Pursuant to the
Law on Organization of the Government dated December 25, 2001;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. This Decree provides for the production, processing,
export, import trading, testing and State management of fertilizers, aiming to
protect the legitimate interests of organizations and individuals that produce,
trading in or use fertilizers; and contributing to raising the crops' yield and
quality and protecting soil fertility and ecological environment.
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Assorted inorganic
fertilizers, bio-organic fertilizers, mineral organic fertilizers,
multi-nutrient fertilizers, compound fertilizers, mixed fertilizers,
microbiological fertilizers, foliar fertilizers and fertilizers added with
growth regulators (hereinafter referred collectively to as fertilizers).
Pure growth
regulators, moisture-preserving preparations and soil adhesive binders shall
not be governed by this Decree.
Article 3. Domestic as well as foreign organizations and
individuals engaged in fertilizer-related activities in the Vietnamese
territory shall have to abide by this Decree, except for cases where otherwise
provide for by international treaties which Vietnam has signed or acceded to.
Article 4. In this Decree, the following terms shall be construed
as follows:
1. Root
fertilizers mean assorted fertilizers to be applied directly to soil or water
in order to provide plants with nutrients through their root assemblages;
2. Foliar
fertilizers mean assorted fertilizers to be sprinkled or sprayed directly on
plant foliage or stems in order to provide nutrients for plants;
3. Inorganic
fertilizers (mineral fertilizers, chemical fertilizers) mean fertilizers
containing inorganic nutrients necessary for the growth and development of
plants;
4. Single
fertilizers (single mineral fertilizers) mean inorganic fertilizers containing
only one nutrient;
5. Multi-nutrient
fertilizers mean inorganic fertilizers containing two or more nutrients;
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7. Mixed
fertilizers mean multi-nutrient fertilizers produced by way of mechanically
mixing many single fertilizers;
8. Microbiological
fertilizers mean fertilizers containing one or more useful microbe species,
with a density compatible with the promulgated standards;
9. Bio-organic
fertilizers mean fertilizers produced from organic raw materials through the
effects of useful microbes or other biological agents;
10. Mineral
organic fertilizers mean fertilizers produced from organic raw materials and
added with one or more mineral nutrients;
11. Traditional
organic fertilizers mean assorted barnyard manure, human excrement, urine,
straw, green manure and crops' by-products;
12. Nutritious
contents mean the quantities of major nutrients in fertilizers, which are
expressed in percentage;
13. Allowable toxic
contents mean the maximum allowable contents of heavy metals, harmful
organisms, biure and free acids in fertilizers;
14. Fertilizers
added with growth regulators mean inorganic or organic fertilizers added with a
small quantity of vitamins, enzymes, organic acids or chemicals, which
stimulate or repress the growth and development of plants;
15. Processing
means the production of fertilizers by Vietnam-based enterprises having the
function of producing fertilizers under contracts with foreign traders.
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PRODUCTION AND PROCESSING OF FERTILIZERS
Article 5. Organizations and individuals permitted to produce
fertilizers must have the fertilizer business registration certificates granted
by competent State agencies and fully meet the following conditions:
1. Having suitable
machinery and equipment for the production of fertilizers with prescribed
quality standards;
2. Having
fertilizer quality-analyzing and -testing sections. In cases where the
enterprises do not have fertilizer quality-analyzing and -testing sections,
they shall hire analyzing laboratories recognized by competent State agencies
to carry out the testing.
3. Having
waste-treatment system so as not to cause environmental pollution and ensure
conditions on labor safety and environmental sanitation and safety as
prescribed by legislation on labor and environment;
4. Having a
contingent of officials and workers who possess high professional
qualifications and are capable of meeting the requirements of production
technology and management of fertilizer quality.
Article 6. The Ministry of Agriculture and Rural Development
shall issue the list of fertilizers permitted for production, trading and use
in Vietnam (hereinafter called the list of fertilizers) in each period.
Article 7. Organizations and/or individuals wishing to
experimentally produce fertilizers outside the list of fertilizers must obtain
written consents of the Ministry of Agriculture and Rural Development.
Article 8. Organizations and individuals meeting all conditions
prescribed in Article 5 of this Decree may process fertilizers for foreign
traders.
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Chapter III
IMPORT, EXPORT OF, AND TRADING IN FERTILIZERS
Article 10. The import of fertilizers outside the list of
fertilizers for testing must be agreed upon by the Ministry of Agriculture and
Rural Development.
Article 11. Organizations and/or individuals exporting and/or
importing fertilizers shall have to take responsibility for the quality
thereof.
Article 12. The temporary import for re-export and transit of
fertilizers shall comply with current law provisions on temporary import for
re-export and transit of goods.
Article 13. Organizations and individuals trading in fertilizers
must fully meet the following conditions:
1. Having the
certificates of registration for fertilizer business.
2. Having
locations for trading in fertilizers without causing environmental pollution.
3. Having
warehouses for storing fertilizers.
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Article 15. Fertilizers must have labels in conformity with
competent agencies' regulation on labeling of domestically circulated goods and
import/export goods.
Article 16. The trading in fertilizers outside the list of
fertilizers, fake fertilizers, fertilizers with expired use date; fertilizers
suspended from production and/or consumption; and/or fertilizers without labels
or with unregistered labels is strictly prohibited.
Chapter IV
TESTING AND RECOGNITION OF FERTILIZER
Article 17. Fertilizers which must be tested include:
microbiological fertilizers, biological organic fertilizers, mineral organic
fertilizers, foliar fertilizers and fertilizers added with growth regulators
not yet included in the list of fertilizers permitted for production, trading
and use in Vietnam.
The Ministry of
Agriculture and Rural Development shall specify the order and procedures for
testing fertilizers.
Article 18. Fertilizers which must be tested include:
1. Fertilizers
included in the list of fertilizers permitted for production, trading and use
in Vietnam.
2. Inorganic
fertilizers such as single fertilizers, multi-nutrient fertilizers, compound
fertilizers and mixed fertilizers which are up to the quality standards.
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4. Fertilizers
which are outcomes of research works and recognized by the Ministry of Science
and Technology or the Ministry of Agriculture and Rural Development as
technical advances.
Article 19. Organizations and/or individuals performing the task
of testing fertilizers must fully meet the conditions prescribed by the
Ministry of Agriculture and Rural Development.
The Ministry of
Agriculture and Rural Development shall expertise and recognize new fertilizers.
Chapter V
STATE MANAGEMENT OVER FERTILIZERS
Article 20. The contents of State management over fertilizers
cover:
1. Drawing up
plans and planing on fertilizers;
2. Promulgating or
proposing competent authorities to promulgate and organizing the implementation
of, legal documents on fertilizer management, fertilizer production process and
regulations, standards, mechanisms and policies to encourage the production and
use of fertilizers;
3. Testing and
recognizing new fertilizers;
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5. Organizing the
research into, and application of, scientific and technological advances to
activities in the field of fertilizers.
6. Popularizing
and disseminating knowledge and experience on the management and use of
fertilizers;
7. Examining and
inspecting the observance of State regulations and the settlement of
complaints, denunciation and disputes regarding fertilizers;
8. Entering into
international cooperation in the field of fertilizers.
Article 21. The Ministry of Agriculture and Rural Development
shall have:
1. To assume the
prime responsibility for, and coordinate with the Ministry of Industry and
concerned ministries and branches in formulating plans and policies on the use
of fertilizers and production of organic fertilizers;
2. To elaborate,
promulgate or propose competent authorities to promulgate and organize the
implementation of legal documents, procedures, regulations, standards,
mechanisms and policies on the use of fertilizers and the production of organic
fertilizers;
3. To organize the
testing of, and recognize, new fertilizers;
4. To collect and
manage information and materials on fertilizers;
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6. To examine,
inspect and handle violations in the use of fertilizers and the production of
organic fertilizers;
7. To popularize
and disseminate knowledge and experience on the trading in, and use of,
fertilizers and the production of organic fertilizers;
8. To enter into
international cooperation in the fields of using fertilizers and producing
organic fertilizers.
Article 22. The Ministry of Industry shall have:
1. To assume the
prime responsibility for, and coordinate with the Ministry of Agriculture and
Rural Development and concerned ministries and branches in formulating plans
and policies on the production of inorganic fertilizers;
2. To elaborate,
promulgate or propose competent authorities to promulgate and organize the
implementation of legal documents, procedures and regulations, standards and
policies to support the production of inorganic fertilizers;
3. To collect and
manage information and materials on the production of inorganic fertilizers;
4. To organize the
research into, and application of scientific and technological advances to
activities in the field of producing inorganic fertilizers;
5. To examine, inspect
and handle violations in the production of inorganic fertilizers;
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7. To enter into
international cooperation in the field of producing inorganic fertilizers;
Article 23. The provincial/municipal People's Committees shall,
within the scope of their powers and tasks, perform the State management in:
1. Elaborating
plans on the use of fertilizers in their localities;
2. Directing and
guiding the efficient use of fertilizers, so as not to cause environmental
pollution;
3. Examining,
inspecting and handling violations in the field of fertilizers.
Article 24. Organizations and individuals producing and/or trading
in fertilizers shall have to pay charges and fees for testing and recognition
of new fertilizers as well as expertise of fertilizers' quality according to
law provisions on charges and fees.
Chapter VI
HANDLING OF VIOLATIONS
Article 25. Organizations and individuals committing acts of
violating the provisions of this Decree regarding the production, purchase,
sale and transportation of, and the provision of services related to
fertilizers shall, depending on the nature and seriousness of their violations,
be administratively sanctioned or examined for penal liability; if causing
damage, they must pay compensations therefor.
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Chapter VII
IMPLEMENTATION PROVISIONS
Article 27. This Decree takes effect 15 days after its publication
in the Official Gazette; all previous regulations contrary to this Decree are
hereby annulled.
Article 28. The ministers, the heads of the ministerial-level
agencies, the heads of agencies attached to the Government, the presidents of
the provincial/municipal People's Committees shall have to implement this
Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai