THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No. 202/2013/ND-CP
|
Hanoi,
November 27, 2013
|
DECREE
FERTILIZER MANAGEMENT
Pursuant to the Law on Government
organization dated December 25, 2001;
At the request of the Minister of Industry
and Trade;
The government promulgates a Decree on
fertilizer management.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of
regulation
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Article 2. Subjects of application
This Decree is applied to fertilizer
manufacturers, fertilizer sellers, and other entities that involve in
fertilizers in Vietnam.
Article 3. Interpretation of
terms
- In
this Decree, the terms below are construed as follows:
1. Fertilizers
are the products that provide nutrients for plants or cultivate soil.
2. Inorganic
fertilizers are the fertilizers produced from minerals or chemicals, contain
macronutrients, secondary nutrients, and micronutrients, and meet the
requirements of National Technical Regulations, where:
a) Macronutrients include total nitrogen,
effective phosphorous (P2O5) and effective potassium (K2O) in the
forms that can be easily absorbed by plants;
b) Secondary nutrients
include total calcium, magnesium, sulfur, SiO2hh in the forms that can be
easily absorbed by plants
c) Micronutrients
include boron (B), cobalt (Co), copper (Cu),
iron (Fe), manganese (Mn), molybdenum (Mo), and zinc (Zn)
in the forms that can be easily absorbed by plants.
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4. Other
fertilizers are mixtures of organic fertilizers and inorganic fertilizers, and
the fertilizers that are not defined in Clause 2 and Clause 3 of this Article.
Article 4. Responsibility
for fertilizer management
1. Uniform fertilizer management is organized by the government.
2. The
Ministry of Industry and Trade is responsible to the government for fertilizer management.
The Ministry of Industry and Trade shall take
charge and cooperate with relevant Ministries in performing the following
tasks:
a) Request the government to promulgate
legislative documents on fertilizer management, the strategies, plans,
programs, and policies on fertilizer development, export and import of
fertilizers;
b) Issue legislative documents about inorganic
fertilizers defined in Clause 2 Article 3 of this Decree; establish technical
standards and norms for inorganic fertilizers;
c) Manage the manufacture, sale, and quality of
inorganic fertilizers;
d) Appoint and monitor the operation of
laboratories in charge of testing inorganic fertilizers;
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e) Provide training and disseminate the laws on
inorganic fertilizers;
g) Carry out inspections, settle disputes and
denunciations; impose penalties for violations related to the export, import,
manufacture, sale, and quality of inorganic fertilizers.
The Ministry of Industry and Trade shall take
charge and cooperate with the Ministry of Agriculture and Rural Development in
inspecting the entities that manufacture not only inorganic fertilizers but
also organic fertilizers and other fertilizers.
3. The
Ministry of Agriculture and Rural Development shall take charge and cooperate
with relevant Ministries in performing the following tasks:
a)
Issue legislative documents about organic fertilizers and other fertilizers defined in Clause 3 and
Clause 4 Article 3 of this Decree;
establish technical standards and norms for organic fertilizers
and other fertilizers;
b)
Manage the manufacture, sale, and quality of organic fertilizers and other fertilizers;
c)
Appoint and monitor the operation of laboratories in charge of testing organic
fertilizers and other fertilizers;
d) Provide training for the persons in charge of
fertilizer sampling and issue certificates of training;
dd) Carry out agricultural extension;
disseminate knowledge, experience, and instructions on how to use fertilizers.
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g) Carry out inspections, settle
disputes and denunciations; impose penalties for violations related to the
export, import, manufacture, sale, and quality of organic fertilizers and other fertilizers.
4. Responsibilities
of other Ministries:
a) The Ministry of Science and Technology shall
verify and announce national standards for fertilizers, assess the technical
norms for fertilizers; cooperate with the Ministry of Industry and Trade and
the Ministry of Agriculture and Rural Development in conducting scientific
research, technology transfers and application, establish national standards,
technical norms, controlling the fertilizer quality, accrediting laboratories,
and managing intellectual property related to fertilizers;
b) The Ministry of Planning and Investment shall
cooperate with the Ministry of Industry and Trade and the Ministry of Agriculture
and Rural Development in formulating the programs, plans, and policies on
manufacture and sale of fertilizers; carrying out inspections and supervision;
settling complaints and denunciations; imposing penalties for violations during
investment, manufacture, or sale of fertilizers;
c) The Ministry of Natural Resources and Environment shall cooperate with the Ministry of Industry and
Trade and the Ministry of Agriculture and Rural Development in formulating the
programs, plans, and policies on environment
protection during the manufacture, sale, quality control, and use of
fertilizers.
5. Responsibilities
of the People’s Committees
a) Provide instructions on how to use
fertilizers effectively without polluting the environment;
b) Introduce policies on supporting the
manufacture, sale, and use of fertilizers locally;
c) Disseminate knowledge about the laws, provide
information about fertilizer quality for manufacturers, sellers, and users of
fertilizers;
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dd) Cooperate with the
Ministry of Industry and Trade and the Ministry of Agriculture and Rural
Development in carrying out inspections and supervision; settling complaints
and denunciations; imposing penalties for violations related to the
manufacture and sale of fertilizers that
are committed locally.
Article 5. Responsibilities
of fertilizer manufacturers, sellers, exporters, and importers
1. Fertilizer manufacturers shall:
a) Satisfy the requirements for manufacturing
fertilizers specified in Article 8 of this Decree before being eligible for the
License for fertilizer manufacture; only start manufacturing fertilizers after
being licensed by a competent authorities;
b) Adhere to the License for fertilizer
manufacture issued, the regulations on fertilizer manufacture in this Decree
and relevant laws;
c) Issue declarations of conformity of
fertilizers in accordance with the laws on technical standards and norms;
d) Keep a log of the manufacture process and
retain it for at least 02 years; retain documents about the test results;
retain samples of ingredients and finished products for 06 months from the
sampling date;
dd) Provide information about the quality on the
fertilizer labels, packages, or attached documents in accordance with the laws
on goods labeling;
e) Recall and treat substandard fertilizers;
provide compensation for any the damage inflicted in accordance with law;
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The Minister of Industry and Trade shall provide
the report forms and the time for sending reports on inorganic fertilizers; the
Minister of Agriculture and Rural development shall provide the report forms
and the time for sending reports on organic fertilizers and other fertilizers.
Any entity that manufactures not only inorganic fertilizers but also organic
fertilizers and other fertilizers shall send
reports to the Ministry of Industry and Trade and the Ministry of Agriculture
and Rural Development;
h) Facilitate the inspections by competent
authorities; comply relevant laws on manufacture of other goods.
2. Fertilizer sellers shall:
a) Comply with the requirements for selling
fertilizers specified in Article 15 of this Decree. If any of the said
requirements is not satisfied during the sale, the operation shall be suspended
until all requirements are satisfied;
b) Take measures for fertilizer quality control in
order to maintain the quality of the fertilizers they sell;
c) Check the origins, the labels, conformity
markings, and other documents related to fertilizer quality;
d)
Facilitate the inspections of by competent authorities with regard to fulfillment of requirements for selling
fertilizers in this Decree and relevant laws.
3. Fertilizer
exporters and importers shall:
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b) Comply with the regulations on goods quality
in the laws on goods quality;
h) Facilitate the inspections by
competent authorities; comply relevant laws on export
and import of other goods.
Article 6. Prohibited acts
1. Manufacturing
fertilizers before obtaining a License for fertilizer manufacture.
2. Manufacturing,
selling, exporting, importing fake or banned fertilizers.
3. Manufacturing, selling, exporting,
importing, trading, advertising fertilizers that
fail to meet the requirements of National Technical Regulations, or selling
expired fertilizers.
4. Exporting,
importing, selling fertilizers without legal documents proving their
manufacturers, exporters, importers, or suppliers.
5. Fabricating
or deliberately providing false results of testing, inspection, assessment or
certification of fertilizer quality.
6. Forging
or illegally using conformity marks; other frauds related to fertilizer
quality.
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8. Providing
false information or running misleading advertisements with regard to
fertilizer quality or origins.
9. Concealing
information about the threat to safety of humans and the environment from the
fertilizers.
10. Misuse
of power to obstruct, harass the manufacture, sale, export, or import of
fertilizers of other entities; concealment of violations against the laws on
fertilizer.
Article 7. Application of laws
1. Fertilizers
must be managed in accordance with this Decree and relevant laws.
2. In case the an International
Agreement to which the Socialist Republic of Vietnam is a signatory contains regulations that
contravene this Decree, the International Agreement shall apply.
Chapter 2.
REQUIREMENTS FOR MANUFACTURING, SELLING,
EXPORTING, AND IMPORTING FERTILIZERS
SECTION 1. REQUIREMENTS FOR MANUFACTURING FERTILIZERS
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1. A Certificate of Business
registration, Certificate of investment, or Certificate of Business
registration that includes fertilizer manufacture is issued by a competent
authority.
2. The infrastructure is satisfactory, in particular:
a) The location, area, workshops, and
warehouses are suitable for the manufacturing
capacity;
b) The machinery, equipment, and
technology process is suitable for the manufacturing capacity and categories of
fertilizers;
c) A quality control system is
established and maintained; standards are applied to raw materials to ensure
fertilizer quality;
d) A laboratory is available, or an
contract for quality control is concluded with an appointed or accredited
laboratory that has been licensed for testing or analysis in accordance with
the laws on goods quality;
dd) A waste treatment system that meets
national standards and norms for environment is available;
e) All requirements regarding fire
safety environment protection, occupational safety and hygiene according to
relevant laws are satisfied.
3. Personnel:
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b) The workers that directly work with
fertilizers are provided with knowledge or training in fertilizers.
4. The Minister of Industry and Trade
shall specify the requirements for manufacturing inorganic fertilizers mentioned in
Points a, b, c, and d Clause 2 of this Article. The Minister of Agriculture and Rural development shall specify the requirements for manufacturing
organic fertilizers and other fertilizers
mentioned in Points a, b, c, and d
Clause 2 of this Article.
Article 9. Application for License for fertilizer manufacture
1. An application for License for fertilizer manufacture consists of:
a) An application form;
b) A photocopy of the Certificate of Business registration, Certificate of
investment, or Certificate of Business registration;
c) Documents proving the fulfillment of the
requirements in Clause 2 and Clause 3 Article 8 of this Decree.
2. The Minister of Industry and Trade
shall specify the documents proving the
fulfillment of requirements for
manufacturing inorganic fertilizers mentioned
in Clause 1 of this Article. The Minister of Agriculture and Rural development shall specify the documents proving the
fulfillment of requirements for manufacturing organic fertilizers and other fertilizers mentioned in Clause 1 of this Article.
Article 10. Procedure for issuance of License for fertilizer manufacture
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2. Within
20 working days from the day on which sufficient and valid documents are
received according to Clause 1 Article 9 of this Decree, the issuing authority
shall verify the application and issue the License for fertilizer manufacture
if the applicant is eligible. If the application is rejected, the issuing
authority shall make a written response specifying the explanation.
Article 11. Contents of License for fertilizer manufacture
1. Each
License for fertilizer manufacture must specify:
a) The name and address of the head office of
the fertilizer manufacturer;
b) The location of fertilizer manufacturing;
c) The categories of fertilizers and
manufacturing capacity;
d) Obligations of the licensed entity.
2. The Minister of Industry and Trade
shall provide the form of the License for manufacture
of inorganic fertilizers, the Minister of Agriculture and Rural development shall provide the form of the License for manufacture of organic fertilizers and other fertilizers.
Article 12.
Procedures for reissuing or
adjusting License for fertilizer
manufacture
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2. The
License shall be adjusted when:
a) The business registration, location,
operating conditions, or information about the applicant is changed;
b) The manufacturing capacity, categories, or
names of fertilizers are changed, or a fertilizer is removed from the market.
3. An application for reissuance of or adjustment to the License for fertilizer manufacture consists of:
a) An
application form specifying the reasons for
reissuance of adjustment;
b) The documents proving the changes and the fulfillment of manufacturing
requirements mentioned in Clause 2 Article 8 of this Decree. This is
also applied to license adjustment;
c) The License for fertilizer manufacture (unless
it is lost).
4. Within
10 working days from the day on which sufficient documents are received
according to Clause 3 of this Article, the issuing authority shall verify the
application and reissue or adjust the License for fertilizer manufacture. If the application is rejected, the issuing authority
shall make a written response specifying the explanation.
5. The
Minister of Industry and Trade shall provide the form of the application for
reissuance of or adjustment to the License for manufacture of inorganic
fertilizers. The Minister of Agriculture and Rural development shall provide the form of the application for
reissuance of or adjustment to the License for manufacture of organic
fertilizers and other fertilizers.
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1. Cases
of revocation:
a) Any
of the requirements for fertilizer manufacture in Article 8 of this Decree is
not satisfied;
b) The License is falsified or changed without
permission;
c) False documentation or false information is
provided in the application package;
d) The license holder fails to commence the
manufacture of fertilizers within 06 months from the issuance date of the
License;
dd) The license holder terminates the operation
or goes bankrupt.
2. The
License shall be revoked by the issuing authority. The entity that has their
License revoked must send the License to the issuing authority within 07 days
from the day on which the decision on revocation is made.
Article 14. Issuing
authorities
The Minister of Industry and Trade shall
issue License for manufacture of inorganic
fertilizers; the Ministry of Agriculture and Rural Development shall issue
License for manufacture of organic fertilizers and other fertilizers. The Ministry of
Industry and Trade shall take charge
and cooperate with the Ministry of Agriculture and Rural Development in issuing licenses to
the entities that manufacture not only inorganic fertilizers but also organic
fertilizers and other fertilizers.
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Article 15.
Requirements for selling fertilizers
1. A Certificate of Business
registration, Certificate of investment, or Certificate of Business
registration that includes fertilizer manufacture is issued by a competent
authority.
2. The
store or the business location where fertilizers are displayed for sale is able
to maintain their quality as prescribed by the laws on goods quality.
3. The
fertilizer containers are satisfactory in terms of quality and environmental
hygiene; fertilizers are transported by appropriate vehicles (whether owned or
leased under contracts).
4. Fertilizers
are stored in separate warehouses (whether owned or leased under contracts)
where the conditions for storing fertilizers are satisfactory throughout the
span of the business. In the fertilizer retail outlets where warehouses are not
available, fertilizers are kept in appropriate containers.
5. Legal
documents proving the manufacturers, importers, or suppliers of the fertilizers
being sold are presented.
6. All
requirements for fire safety, environment protection, occupational hygiene and
safety are satisfied.
7. The Minister of Industry and Trade
shall specify the requirements for selling inorganic fertilizers Clauses 2, 3, 4, and 5 of this Article. The Minister of Agriculture and
Rural development shall specify the requirements for selling organic
fertilizers and other fertilizers mentioned in
Clauses 2, 3, 4, and 5 of this
Article.
8. Any entity that manufactures not only
inorganic fertilizers but also organic fertilizers and other fertilizers must satisfy the requirements mentioned in this Article and
additional instructions from the Minister of Industry and Trade and the
Minister of Agriculture and Rural development.
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1. Any
entity that manufactures, sells fertilizers, and any entity that engages in
activities related fertilizers may export fertilizers when all of the following
requirements are satisfied:
a) A
Certificate of Business registration, Certificate of investment, or Certificate
of Business registration that includes fertilizer manufacture is issued by a
competent authority.
b) Corresponding National Technical Regulations
are complied with throughout the manufacturing process or quality control
systems are established in order to ensure the quality of the products meant
for export;
c) Exported fertilizers are conformable with
regulations of the importing countries, contracts, international treaties, and
mutual recognition agreements with regard to conformity assessments with
relevant countries and territories.
2. The
Minister of Industry and Trade shall specify the documents must be presented to
the customs by fertilizer exporters to complete the procedure for exporting
inorganic fertilizers; the Minister of Agriculture and Rural development shall
specify the documents must be presented to the customs by fertilizer exporters
to complete the procedure for exporting organic fertilizers and other fertilizers.
Article 17.
Requirements for importing fertilizers
1. Fertilizers
may be imported when all of the following requirements are satisfied:
a) A Certificate of Business
registration, Certificate of investment, or Certificate of Business
registration that includes fertilizer manufacture is issued by a competent
authority.
b) The imported consignment has a certificate of
conformity issued by an appointed certification body;
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2. The Minister of Industry and Trade
shall specify the documents must be presented to the customs by fertilizer
exporters to complete the procedure for importing
inorganic fertilizers; the Minister of
Agriculture and Rural development shall specify the documents must be presented
to the customs by fertilizer exporters to complete the procedure for importing organic
fertilizers and other fertilizers.
Chapter 3.
QUALITY CONTROL, TESTING, TRIAL, AND
NAMING OF FERTILIZER
Article 18. Fertilizer quality control
1. The
quality of fertilizers in the list of Group 2 goods shall be controlled in accordance
with the laws on goods quality, technical standards and norms adopted by
competent authorities, and the standards applied by manufacturers.
2. The
fertilizers without corresponding technical norms for quality must bear the
text “SAMPLE” or “EXPERIMENTAL PRODUCT” on their labels, and must not be sold.
3. The
Ministry of Industry and Trade shall establish technical norms for quality of
inorganic fertilizers; impose regulations on declaration of conformity of
inorganic fertilizers, whether imported or manufactured at home; compile and
announce a list of inorganic fertilizers that have declarations of conformity.
The Ministry of Agriculture and Rural
Development shall establish technical norms
for quality of organic fertilizers and
other fertilizers; impose regulations
on declaration of conformity of organic fertilizers and other fertilizers, whether imported or manufactured at home; compile and
announce a list of inorganic fertilizers that have declarations of conformity; impose limits on fertilizers manufactured or imported for
trial according to Clause 2 of this Article.
Article 19. Sampling and testing fertilizers
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a) Fertilizers shall be sampled by the persons
that possess certificates of training in fertilizer sampling;
b) The sampling method must comply with national
standards or technical norms for fertilizer sampling;
c) If a fertilizer does not have corresponding
national standards or technical norms for sampling, the sampling method
announced by the manufacturer or importer shall be used.
2. Quality
testing
a) The testing of quality of fertilizers serving
conformity assessment or state management must be carried out by accredited or
appointed laboratories.
b) The quality criteria must be analyzed using
the methods provided in corresponding national standards or technical norms;
c) If a fertilizer does not have a testing method in any corresponding national
standards or technical norms for
sampling, the testing method announced by manufacturer or importer shall be used. The fertilizer importer or manufacturer must announce the
methods for testing the quality criteria of the fertilizers they manufacture or
import.
3. The
Minister of Industry and Trade shall introduce regulations on accrediting,
appointing, and managing the operation of laboratories, tolerances of the
tests; settling complaints against testing results, the disparity between the
quality testing results produced by different laboratories or certification
bodies that are appointed, and appointment of laboratories with regard to
inorganic fertilizers.
The Minister
of Agriculture and Rural development shall
introduce regulations on providing training
issuance of certificates, and managing the persons in charge of fertilizer
sampling; accrediting, appointing, and
managing the operation of laboratories; tolerances of the tests; settling complaints
against testing results, the disparity between the quality testing results
produced by different laboratories or certification bodies that are appointed,
and appointment of laboratories with regard to
organic fertilizers and other fertilizers.
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1. Capable
entities shall conduct the trials themselves or sign contracts with capable
organizations to conduct trials within their competence, and are responsible
for the trial results.
2. The
fertilizers that are not enumerated in the List of permissible fertilizers in
Vietnam before this Decree takes effect must undergo trials before issuing
declarations of conformity.
3. The Minister of Agriculture and Rural
development shall introduce specific
regulations on fertilizer trials.
Article 21. Naming fertilizers
1. Fertilizers
must be named in accordance with current laws on goods labels.
2. The names
of fertilizers must not contravene moral values, contain only numbers; coincide
or confusingly approximate the names of registered fertilizers; causing
confusion over the nature and effects of fertilizers.
Chapter 4.
IMPLEMENTATION
Article 22. Transition
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2. The
manufacturers and importers of the fertilizers
enumerated in the List of permissible fertilizers in Vietnam before this Decree
takes effect must issue declarations of conformity
within 01 year from the effective date of this Decree.
3. Holders
of the fertilizers under trials before this Decree takes effect must sign
contracts with the organizations capable of conducting fertilizer trials to
provide instructions and safety warnings before fertilizers are sold or used.
Article 23. Effect
1. This
Decree takes effect on February 01, 2014.
2. This
Decree supersedes the Government's Decree No. 113/2003/ND-CP dated October
07, 2003 on management of manufacture and sale of fertilizers, and the
Government's Decree No. 191/2007/ND-CP dated December 31, 2007 on amendments to the Decree No. 113/2003/ND-CP.
Article 24. Organization of
implementation
1. The
Minister of Industry and Trade and the
Minister of Agriculture and Rural development shall introduce regulations and provide instructions on the
implementation of the regulations of this Decree.
2. Other
Ministers, Heads of ministerial agencies, Heads of Governmental agencies,
Presidents of the People’s Committees of provinces, and relevant entities are
responsible for the implementation of this Decree./.
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FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung