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THE MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
21/2015/TT-BNNPTNT
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Hanoi, June 8, 2015
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CIRCULAR
PESTICIDE
PRODUCT ADMINISTRATION
Pursuant to the Government’s Decree No.
199/2013/NĐ-CP dated November 26, 2013 on defining the functions, tasks, powers
and organizational structure of the Ministry of Agriculture and Rural
Development;
Pursuant to the Law on Plant Protection and
Quarantine No. 41/2013/QH13 dated November 25, 2013;
Pursuant to the Law on Chemicals No.
06/2007/QH12 dated November 21, 2007;
Pursuant to the Law on Product and Commodity
Quality No. 06/2007/QH12 dated November 21, 2007;
Pursuant to the Law on Technical Regulations
and Standards No. 68/2006/QH11 dated June 29, 2006;
Pursuant to the Government’s Decree No.
14/2015/NĐ-CP dated February 13, 2015 on providing instructions on the
implementation of several articles of the Law on Railroad;
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Pursuant to the Government’s Decree No.
26/2011/NĐ-CP dated April 8, 2011 on making amendments to several articles of
the Government’s Decree No. 108/2008/NĐ-CP dated October 7, 2008 on providing
instructions on the implementation of several articles of the Law on Chemicals;
Pursuant to the Government’s Decree No.
181/2013/NĐ-CP dated November 14, 2013 on specifying the implementation of
several articles of the Law on Advertising;
After considering the request of the Director
of Plant Protection Department;
The Minister of Agriculture and Rural
Development hereby promulgates the Circular on plant protection product
administration
Chapter I
GENERAL
PROVISIONS
Article 1. Scope of
application
This Circular stipulates pesticide product
administration practices, including registration; testing; manufacturing;
export, import; quality control; certificate of conformity and declaration of
conformity; storage, transportation; application; labeling; packaging;
advertising; recall or eradication of pesticide products in Vietnam.
Article 2. Applicable
entities
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Article 3.
Interpretation of terms
Terms used herein shall be construed as
follows:
1. Biological efficacy testing refers
to evaluation of efficacy in preventing, eliminating harmful organisms or
regulating the growth of plants (inclusive of the plant safety).
2. Testing for determination of quarantine
period refers to calculation of the time period (per days) from the most
recent application of a pesticide product to the crop harvesting which a
pesticide product user is required to carry out to meet food safety
requirements.
3. Pesticide product quality control refers
to estimation of content of active ingredients, formulations or volume of
impurities likely to harm plants, human beings or pollute environment (if any);
content of additives which help increase the pesticide product safety to
humans, plants (if any); chemico-physical features pertaining to both the
biological activity and the pesticide product safety.
4. Imported pesticide product batch refers
to a collection of commodity pesticide products of the same sort in specified
quantities which have the same names, effects, labels, classes and technical
specifications, are made by the same manufacturer and supported by the same
import documentation as well as are imported at the same time.
5. Biological pesticide product refers
to a class of pesticide products containing effective ingredients which are
living organisms or substances derived from microorganisms, plants or animals.
6. Chemical pesticide product refers
to a class of pesticide products containing active ingredients which are
inorganic or synthetic organic chemicals.
Article 4. Fees and
charges
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Chapter II
PESTICIDE
PRODUCT REGISTRATION
Section 1. GENERAL
PROVISIONS ON PESTICIDE PRODUCT REGISTRATION
Article 5. General
principles of pesticide product registration
1. All of pesticide products used for
deterring or killing organisms harmful to plants, regulating the growth of
plants, storing plants, disinfecting warehouses, killing termites causing
damage to architectural structures, dykes or embankments; killing weeds on
uncultivated lands; increasing their safe and effective use (specific
commercial names also defined), must be registered into the comprehensive list
of plant protection products permitted in Vietnam (hereinafter referred to as
the list).
2. Domestic or foreign organizations or individuals
(including their representative offices, companies, branches licensed to carry
out pesticide product business operations in Vietnam) manufacturing pesticide
active ingredients (hereinafter referred to as active ingredient), technical
pesticide products (hereinafter referred to as technical pesticide) or
Formulated pesticide products made from technical pesticides (hereinafter
referred to as Formulated pesticide product) shall be allowed to directly use
their names to apply for the pesticide product registration manufactured at
their own expenses.
3. Organizations or individuals manufacturing
active ingredients, technical pesticides or Formulated pesticide products that
do not directly use their names to apply for such registration shall be permitted
to authorize only one eligible organization or individual stipulated in Clause
3 Article 50 of the Law on Plant Protection and Quarantine to bear its name on
the registration of each of their own pesticide products.
4. The authorized organization or individual
as mentioned above shall be allowed to act on behalf of only one manufacturer
of active ingredients, technical pesticides or Formulated pesticide products to
apply for the registration of specific active ingredients, technical pesticides
or formulated pesticide products.
5. Registration certificate holder:
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b) Only register 01 specified content of
active ingredient used for each formulation of a pesticide product;
c) Have the right to carry out the transfer
of commercial names. This transfer shall be governed under the provisions of
Point 2, 3 and 4, and Point a, b Clause 5 of this Article;
d) Avoid any change made to commercial names
of pesticide products defined in the List, except when a competent intellectual
property authority or a court judge in writing that such names have breached
regulations on commodity labels;
dd) Be allowed to change the manufacturer’s
name written on the registration certificate of pesticide products if that
manufacturer ceases to provide products, or the manufacturer and the authorized
organization or individual give the written mutual consent to authorization
termination.
6. Only after 05 years from the official
grant of the initial registration certificate of pesticide products containing
active ingredients which have not been specified in the List, other
organizations or individuals shall be allowed to apply for additional
registration of new commercial names for pesticide products containing such
active ingredients.
7. Administration of pesticide products
formulated by ingredients being a combination of chemical and biological
substances shall be the same as that of chemical products.
Article 6. Pesticide
products banned for registration in Vietnam
1. Pesticide products specified in the List
of pesticide products banned for use in Vietnam (hereinafter referred to as the
banned list).
2. Formulated pesticide products or pesticide
active ingredients with acute toxicity class-I or class-II as classified in the
globally harmonized system of classification and labeling of chemicals
(hereinafter referred to as GHS), except for biological pesticide products or
pest steam cleaner, rodenticides; termiticides used for killing termites to
protect buildings, dykes or embankments; pest control products used for
preserving food or herbal forestry products.
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a) Pesticide products subject to warnings
issued by the Food and Agriculture Organization of the United Nations (FAO), the
United Nations Environment Program (UNEP), the World Health Organization (WHO);
pesticide products specified in the Appendix III of the Rotterdam Convention;
b) Chemical pesticide products being a
combination of a wide classes of pesticides with various effects (killing
pests, weeds, eradicating diseases and regulating growth), exclusive of seed
treatments;
c) Pesticide products containing human
pathogens;
d) Pesticide products causing genetic
mutation, cancer diseases and intoxicating human reproduction;
dd) Chemical pesticides registered to be used
to exert effects, such as controlling plant pests or regulate the growth of
fruit trees, tea plants, vegetables, or storing post-harvest agricultural
produce, and causing the acute toxicity of active ingredients or formulations
classified into class III and IV in the GHS, or organochlorine classes, and
subject to quarantine in more than 07 days.
4. Pesticide products bearing their
commercial names identical to the names of active ingredients or the commercial
names of other pesticides as defined in the List.
5. Methyl bromide pesticides.
6. Pesticide products registered to exert
such effects as controlling organisms other than the ones harmful to plants in Vietnam.
7. Pesticide products invented but not yet
licensed in overseas countries.
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1. Pesticide products are removed from the
List under the following circumstances:
a) Pesticide products that fall within one of
the cases governed under the provisions of Clause 2 Article 49; Point b, c
Clause 1 Article 54 of the Law on Plant Protection and Quarantine;
b) Pesticide products specified in the
Appendix III of the Rotterdam Convention, or subject to warnings issued by FAO,
UNEP and WHO.
2. Procedure for removal of pesticide
products from the List
a) With respect to pesticide products
governed under the provisions of Point b Clause 1 of this Article, the Plant
Protection Department shall submit a written report and proposal to the
Minister of Agriculture and Rural Development to apply for permission to remove
these pesticide products from the List;
b) With respect to pesticide products
governed under the provisions of Point a, b Clause 2 Article 49 of the Law on
Plant Protection and Quarantine, the Plant Protection Department shall
aggregate information, establish the Science Council to consider and advise
removal of these pesticide products from the List, and send a report and
proposal to the Ministry of Agriculture and Rural Development to apply for
permission to remove them from the List. The Minister of Agriculture and Rural
Development shall make a decision on this removal;
c) With respect to pesticide products
governed under the provisions of Point c Clause 2 Article 49, and Point b, c
Clause 1 Article 54 of the Law on Plant Protection and Quarantine, the Plant
Protection Department shall submit a written request to the Minister of
Agriculture and Rural Development for removal of these pesticide products from
the List.
3. Pesticide products governed under the
provisions of Point b Clause 1 of this Article, and Point a, b Clause 2 Article
49 of the Law on Plant Protection and Quarantine, shall only be manufactured or
imported within a maximum period of 01 year, and traded or used within a
maximum period of 02 years from the date on which the decision to remove such
pesticide products from the List issued by the Ministry of Agriculture and
Rural Development has been brought into effect.
Article 8. Manner of
registration
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a) Pesticide products containing active
ingredients which have not been already specified in the List, or those with
the new combination in terms of the ratio and composition of ingredients that
already exist in the List invented by organizations or individuals and
registered for use in overseas countries;
b) Pesticide products containing active
ingredients which have not been already specified in the List, or those with
the new combination in terms of the ratio and composition of ingredients that
already exist in the List domestically invented by organizations or
individuals, and recognized as a class of pesticide product by the Plant
Protection Department upon the request of the Science Council established by
this Department.
2. The supplemental registration shall be
applicable to the followings:
a) Pesticide products with commercial names
specified in the List but supplemented with the scope of application, dosage
change, application method, formulation type and change of active ingredient
content;
b) Pesticide products containing active
ingredients specified in the list but registered with different commercial
names.
Section 2. ISSUANCE,
REISSUANCE OF PESTICIDE TESTING
Article 9. General
principles of issuance of the permit for pesticide testing
1. In order to be registered into the List,
pesticide products must be accredited by the permit for pesticide testing
granted by the Plant Protection Department (hereinafter referred to as the
testing permit) under the provisions of Article 10, 11 hereof, and testing must
be conducted under the provisions of Chapter III hereof.
2. The testing permit shall be granted to
biological pesticide products under the following circumstances:
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b) Biological pesticide products containing
active ingredients such as pyrethrins, rotenones and avermectins, and requiring
the official or supplemental registration in which commercial names are added,
must undergo both small-scale and large-scale biological efficacy testing. If
these pesticide products are accredited by the initial registration to be used
on fruit trees, tea plants, vegetables and store post-harvest agricultural
produce, they are required to undergo the testing for determination of
quarantine period conducted in Vietnam.
3. The testing permit shall be granted to
chemical pesticide products under the following circumstances:
a) Chemical pesticide products requiring the
official or supplemental registration in which commercial names are added shall
be subject to both large-scale and small-scale biological efficacy testing;
b) Chemical pesticide products requiring the
supplemental registration in which their scope of application is added, and
application dosage, method and formulation type is changed, and content of
active ingredients is changed, shall be subject to the large-scale biological
efficacy testing;
c) Chemical pesticide products requiring the
initial registration to be used on fruit trees, tea plants and vegetables, and
store post-harvest agricultural produce, shall be subject to the testing for
determination of quarantine period conducted in Vietnam (except for herbicides
applied on fruit perennials, insect attractants, pre-planting treatments, young
tree disease controls, seed treatments and cuttings and cuttings treatments).
4. Contents of the testing permit must be
written in Vietnamese and include the specific scientific name of harmful
organism.
Article 10.
Application, process and procedures for issuance of the testing permit used as
a necessary document submitted to apply for the official registration
1. Submission of an application
a) Organizations or individuals shall submit
an application directly or by mails or online to the Plant Protection
Department;
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c) The number of documents submitted: 01
paper set and 01 PDF-formatted set.
2. Documentation submitted shall include:
a) Application form for issuance of the
testing permit by adopting the form given in the Appendix I enclosed herewith;
b) Documents confirming that applicants are
eligible for registration of their pesticide products in Vietnam:
The original or authenticated duplicate of
the document confirming that the applicant is the manufacturer of the pesticide
product specified in the application for the testing permit and granted by the
competent authority in the applicant’s home country (applicable to the foreign
manufacturer).
The authenticated duplicate or duplicate copy
(the original carried along for verification purpose) of the permit for
establishment of the company, branch of the company or the representative
office in Vietnam (relevant to the foreign manufacturer applying for the
initial registration).
The original power of attorney in which the
manufacturer authorizes other organization or individual to apply for
registration (in case of delegation of authority to bear their name on the
registration). The power of attorney held by the foreign manufacturer must be
legalized by the consulate in accordance with Vietnam's laws, except when the
exemption from legalization is governed under the International Agreements to
which Vietnam is a signatory.
The duplicate copy of the certificate of
competence in pesticide business (applicable to domestic organizations or
individuals authorized to bear their names on the initial registration);
c) Technical documents on pesticide products
in accordance with regulations laid down in the Appendix III enclosed herewith.
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a) The Plant Protection Department shall
verify submitted documentation within a permitted period of 10 working days
from receipt of all necessary documents under the provisions of Clause 2 of
this Article. With respect to the application for pesticide product
registrations applied on more than 03 plants or 03 harmful organisms, the
permitted verification period is restricted to less than 15 working days.
If a set of documents submitted meets
regulatory requirements stipulated herein, the Plant Protection Department
shall forward it to the Minister of Agriculture and Rural Development;
If a set of documents submitted does not meet
regulatory requirements stipulated herein, the Plant Protection Department
shall notify applicants of contents that require any supplementation or
improvement;
b) The Ministry of Agriculture and Rural
Development (or the Department of Science, Technology and Environment) shall
verify submitted documentation within a permitted period of 05 working days
from receipt of all necessary documents from the Plant Protection Department;
c) Within a permitted period of 02 working
days from receipt of consent from the Minister, the Plant Protection Department
shall issue the testing permit by completing the form given in the Appendix IV
enclosed herewith;
d) In case of refusal to issue the testing
permit, the Plant Protection Department shall notify applicants in writing and
clearly state the reasons for such refusal.
Article 11.
Documentation included in the application, process and procedure for issuance
of the testing permit used as a necessary document to apply for the
supplemental registration
1. Submission of an application
Complying with regulations laid down in
Clause 1 Article 10 hereof;
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a) Application form for issuance of the
testing permit by adopting the form given in the Appendix I enclosed herewith;
b) The copy of the preexisting Certificate of
pesticide product (in the event of supplementation of scope of application,
change of formulation type, active ingredient content, dosage and application
method);
c) Technical documents about formulated
pesticide products governed under the provisions of the Appendix III enclosed
herewith (applicable to the change to formulation type and active ingredient
content);
d) Documents stipulated at Point b, c Clause
2 Article 10 hereof (applicable to supplementation of different commercial
names).
3. Documentation verification and issuance of
the testing permit
Complying with regulations laid down in
Clause 3 Article 10 hereof.
Article 12.
Documentation included in the application, process and procedure for reissuance
of the testing permit
1. Submission of an application
Complying with regulations laid down at Point
a and b Clause 1 Article 10 hereof. The number of documents submitted to apply
for registration: 01 paper set of documents.
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a) Application form for reissuance of the
testing permit by adopting the form given in the Appendix I enclosed herewith;
b) The original of the preexisting testing
permit (except if it is lost).
3. Documentation verification and reissuance
of the testing permit
The Plant Protection Department shall verify
submitted documentation within a permitted period of 05 working days from
receipt of all required documents:
a) If submitted documents are valid, the
Plant Protection Department shall reissue the testing permit for pesticide
products by completing the form given in the Appendix IV enclosed herewith. The
validity of the reissued testing permit shall be kept the same as that of the
abolished permit;
b) If submitted documentation have not been
valid yet, the Plant Protection Department shall notify applicants of contents
subject to any supplementation or improvement in accordance with regulations;
c) In case of refusal to reissue the testing
permit, the Plant Protection Department shall notify applicants in writing and
clearly state the reasons for such refusal.
Section 3. ISSUANCE,
REISSUANCE AND RENEWAL OF THE CERTIFICATE OF PESTICIDE PRODUCT REGISTRATION
Article 13.
Application, process and procedure for issuance of the Certificate of pesticide
product registration
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a) Complying with regulations laid down at
Point a and b Clause 1 Article 10 hereof;
b) The number of documents submitted: 01
paper set and 01 electronic set of documents in word or excel format which are
applicable to sample labels.
2. Documentation submitted shall include:
a) Application form for issuance of the
Certificate of pesticide product registration by adopting the form given in the
Appendix II enclosed herewith;
b) The photocopied pre-existing testing
permit;
c) Sample pesticide labels in accordance with
regulations laid down in Section 1, 2 and 3 Chapter X hereof;
d) The original result paper of biological
efficacy testing, or the original result paper of the testing for determination
of quarantine period and the general report on the testing result by completing
the form stipulated in the Appendix VI, VII and XI enclosed herewith.
3. Documentation verification and issuance of
the Certificate of pesticide product registration
Within a permitted period of 06 months from
receipt of all required valid documents, the Plant Protection Department shall
conduct this verification and apply for permission of the Minister of
Agriculture and Rural Development to include the applicant’s pesticide product
in the List; issue the Certificate of pesticide product registration by
completing the form given in the Appendix V enclosed herewith. In case of
refusal, the Plant Protection Department must respond to applicants with clear
reasons for such refusal.
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1. 03 months before the validity period of
the Certificate of pesticide product registration ends, organizations or
individuals demanding any renewal are required to submit a written request for
this renewal.
2. Submission of an application
Complying with regulations laid down at Point
a and b Clause 1 Article 10 hereof. The number of documents submitted to apply
for registration: 01 paper set of documents.
3. Documentation submitted shall include:
a) Application form for renewal of the
Certificate of pesticide product registration in accordance with the
recommended form given in the Appendix II enclosed herewith;
b) The original of the previous Certificate
of pesticide product registration.
4. Documentation verification and renewal of
the Certificate of pesticide product registration
The Plant Protection Department shall verify
submitted documentation within a permitted period of 10 working days from
receipt of all required valid documents under the provisions of Clause 3 of
this Article:
a) If submitted documentation are proved
valid and conform to regulations laid down in this Circular, the Plant
Protection Department shall issue the Certificate of pesticide product
registration by completing the form given in the Appendix V enclosed herewith;
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c) In case of refusal to renew the
Certificate of pesticide product registration, the Plant Protection Department
shall notify applicants in writing and clearly state the reasons for such
refusal.
Article 15.
Application, process and procedure for reissuance of the Certificate of
pesticide product registration in case of being lost, damaged or containing
errors
1. Submission of an application
Complying with regulations laid down at Point
a and b Clause 1 Article 10 hereof. The number of documents submitted to apply
for registration: 01 paper set of documents.
2. Documentation submitted shall include:
a) Application form for reissuance of the
Certificate of pesticide product registration by adopting the form given in the
Appendix II enclosed herewith;
b) The original of the preexisting
Certificate of pesticide product registration, except if it is lost.
3. Process and procedure for reissuance of
the Certificate of pesticide product registration
Complying with regulations laid down in
Clause 4 Article 14 hereof. The validity period of the reissued Certificate of
pesticide product registration shall be kept the same as that of the
preexisting Certificate of pesticide product registration.
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1. Submission of an application
Complying with regulations laid down at Point
a and b Clause 1 Article 10 hereof. The number of documents submitted to apply
for registration: 01 paper set of documents.
2. Documentation submitted shall include:
a) Application form for change of commercial
names, information relating to organizations or individuals applying for
registration by completing the form given in the Appendix II enclosed herewith;
b) The original of the previous Certificate
of pesticide product registration;
c) The authenticated duplicate or photocopied
paper (carrying the original copy along for verification purpose) of the
document on intellectual property right issued by the competent authority, or
on any violation against regulations on commodity labels issued by the court
(applicable to change of commercial names);
d) The authenticated duplicate or photocopied
paper (carrying the original one along for verification purpose) of the
Certificate of registration of new enterprise (if names of organizations or
individuals applying for registration are changed);
dd) With regard to commercial name transfer:
The original or authenticated duplicate of the pesticide transfer contract or
agreement; the original power of attorney in which the manufacturer authorizes
the transferee to apply for registration (if the manufacturer gives them the
right to use their names to apply for registration).
3. Documentation verification and reissuance
of the Certificate of pesticide product registration.
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If such documentation are valid, the Plant
Protection Department shall apply for permission of the Minister of Agriculture
and Rural Development to include the pesticide product in the List under the
provisions of Clause 3 Article 13 hereof;
If such submitted documentation have not been
proved valid and do not meet regulatory requirements stipulated herein, the
Plant Protection Department shall notify applicants of contents that require
any supplementation or improvement in accordance with regulations;
b) In case of refusal to issue the
Certificate of pesticide product registration, the Plant Protection Department
shall notify applicants in writing and clearly state the reasons for such
refusal;
c) The validity period of the reissued
Certificate of pesticide product registration shall be kept the same as that of
the preexisting Certificate of pesticide product registration.
Article 17.
Application, process and procedure for reissuance of the Certificate of
pesticide product registration in case of manufacturer substitution
1. Submission of an application
Complying with regulations laid down in
Clause 1 Article 10 hereof.
2. Documentation submitted shall include:
a) Application form for reissuance of the
Certificate of pesticide product registration by adopting the form given in the
Appendix II enclosed herewith;
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c) The original or authenticated duplicate of
the document confirming that the registration certificate holder is the new
manufacturer of the pesticide product specified in the application for the
testing permit and granted by the competent authority in the applicant’s home
country (applicable to the foreign manufacturer);
d) The original power of attorney in which
the new manufacturer authorizes other organization or individual to apply for
registration (in case of delegation of authority to bear their name on the
registration). The power of attorney held by the foreign manufacturer must be
legalized by the consulate in accordance with Vietnam's laws, except when the
exemption from legalization is governed under the International Agreements to
which Vietnam is a member;
dd) Technical documents on pesticide products
in accordance with regulations laid down in the Appendix III enclosed herewith;
e) The original of the previous Certificate
of pesticide product registration.
3. Documentation verification and reissuance
of the Certificate of pesticide product registration
a) Complying with regulations laid down in
Clause 4 Article 14 hereof;
b) The validity period of the reissued
Certificate of pesticide product registration shall be kept the same as that of
the preexisting Certificate of pesticide product registration.
Chapter III
PESTICIDE
PRODUCT TESTING
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1. Pesticide product testing shall be
performed when the testing permit is obtained.
2. The testing which serves the purpose of
registration into the List shall include the biological efficacy testing and
testing for determination of quarantine period (applicable to the case
stipulated in Point b Clause 2 and Point c Clause 3 Article 9 hereof).
3. Basis for a pesticide product testing is
the national technical regulation (QCVN), the national standard (TCVN), basic
standards (TC) introduced by the Plant Protection Department.
4. The testing which serves the purpose of
registration into the list must be conducted by the organization that comply
with requirements stipulated in Article 20 hereof.
5. The small-scale testing must be conducted
ahead of the large-scale one.
Article 19. Testing
process
The testing of a pesticide product against a
single organism harmful to a single plant which serves the purpose of
registration shall be conducted as follows:
1. Testing for the biological efficacy of
biological pesticide products (except for the case stipulated in Clause 2 of
this Article), and testing of chemical pesticide products requiring the
supplemental registration of their scope of application, and change of
application dosage, method, formulation type or content of active ingredients,
shall include 04 large-scale tests, including;
As for plants or harmful organisms found in
02 production regions (the North and South), for each region, testing shall be
conducted at 02 locations (each location in a province) or 02
districts/province (if these plants or harmful organisms are only found in 01
province in these production regions).
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2. Testing for the biological efficacy of
chemical pesticide products, and testing of biological pesticide products
containing active ingredients, such as pyrethrins, rotenones and avermectins,
requiring the official or supplemental registration in which commercial names are
added, shall include 08 small-scale tests and 02 large-scale tests. If plants
or harmful organisms are only found in 01 production region, the number of
tests shall include 06 small-scale tests and 02 large-scale tests as follows:
a) Small-scale testing
As for plants or harmful organisms found in
02 production regions (the North and South), for each region, testing shall be
conducted at 04 locations (each location in a province). If there are not
enough 04 production provinces in each region, testing shall be conducted at 04
locations in each region (each location in 01 district in these regions).
As for plants or harmful organisms found in
01 production region, the testing shall be conducted at 06 locations (each
location in 01 province or 01 district in the region).
As for plants or harmful organisms only found
in 01 production province, the testing shall be conducted at 06 locations in at
least 03 districts in that province.
As for herbicide products applied on rice,
the testing shall be conducted within 02 different crops.
b) Large-scale testing
As for plants or harmful organisms found in
02 production regions (the North and South), for each region, the testing shall
be conducted at 01 location.
As for plants or harmful organisms only found
in 01 production region, the testing shall be conducted at 02 locations in that
region (each location in 01 province in that region), or 02 locations in
provinces (each location in 01 district, in case harmful organisms are only
found in 01 province).
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As for plants producing multiple crops/year
in 02 production regions (the North and South), for each region, testing shall
be conducted at 02 locations (each location in 01 province, and for each
province, testing shall be conducted on 01 crop or at each location at 01
district in these regions, and for each district, testing shall be conducted on
01 crop).
As for plants producing multiple crops/year
in 01 production region, the testing shall be conducted at 04 locations (02
locations/crop; testing shall be conducted at each location in 01 province or
01 district in that region).
As for plants producing only one crop/year in
02 production regions (the North and South), for each region, the testing shall
be conducted at 02 locations (each location in 01 province, or each location in
01 district in these regions).
As for plants producing only 01 crop/year and
only grown in 01 production region, the testing shall be conducted at 04
locations in that region (each location in 01 province in that region), or 04
locations in provinces (at least 02 districts).
Article 20. Guidance
on conditions that pesticide testing organizations must meet to conduct
pesticide product testing
1. Have the legal standing, registration of
pesticide product testing operations;
2. The Head of the pesticide testing
organization must achieve the university degree or higher educational degree in
plant protection, agriculture studies, plant cultivation, biology and
chemistry, and gain the Certificate of completion of training in pesticide
product testing issued by the Plant Protection Department.
3. Have a minimum of 05 persons acquiring
tenure or long-term employment contracts with university degrees or higher
educational degrees in this major as stipulated in Clause 2 of this Article and
obtaining the Certificate of completion of training in pesticide product
testing from the Plant Protection Department.
4. Infrastructural and technical facilities
that support the pesticide product testing shall include:
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b) Perform on their own or enter into
cooperation with other organizations to perform all necessary tests in
accordance with regulations laid down in Article 19 hereof with the aim of
enabling a kind of pesticide product to be eligible for registration into the
list of pesticide products permitted for use in Vietnam.
The organization cooperating in the pesticide
product testing must have the legal standing, adequate human resources as well
as necessary equipment or facilities to conduct a pesticide product testing as
stipulated in Clause 2, Point a Clause 4 of this Article.
c) Have the laboratory to carry out the
analysis of pesticide residue level designated by the Ministry of Agriculture
and Rural Development in which the equivalent testing method is employed (applicable
to the organization specializing in the testing for determination of the
quarantine period).
5. Do not directly bear their names on the
registration, or authorize others to bear their names on the pesticide product
registration in Vietnam.
Article 21.
Application, process and procedure for recognition of an organization's
eligibility to conduct the pesticide product testing
1. Submission of an application
a) Organizations or individuals shall submit
an application directly or by mails or online to the Plant Protection
Department;
b) The number of documents submitted to apply
for registration: 01 paper set of documents;
c) Verification of submitted documentation
must be carried out right after receiving such documentation in person, or by
mails within a permitted period of 02 working days. If the application is
valid, the Plant Protection Department shall keep it. If not, it shall be
returned to applicants and they shall be requested to make it supplemented or
improved.
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a) Application form for recognition of the
organization’s eligibility to conduct the pesticide product testing by adopting
the form given in the Appendix IX enclosed herewith;
b) The authenticated duplicate or photocopied
paper (carrying the original for verification purpose) of the establishment
decision or the decision stipulating functions or duties, or the Registration
Certificate of the enterprise carrying out pesticide product testing
operations;
c) The authenticated duplicate or photocopied
paper (carrying the original along for verification purpose) of the university
degree or higher educational degrees in the plant protection, plant
cultivation, biology, chemistry, and the Certificate of completion of training
in pesticide product testing held by the head of the organization conducting
pesticide product testing and participants in such testing;
d) A written explanation for this eligibility
for pesticide product testing issued by the organization eligible to conduct
pesticide product testing, and its partner by adopting the form given in
regulations laid down in the Appendix X enclosed herewith;
3. Examination and verification of the
application for recognition and announcement of organizations eligible to
conduct pesticide product testing
a) The Plant Protection Department shall keep
and verify the application for recognition of the organization’s eligibility to
conduct pesticide product testing. Immediately after the verification result is
produced, the Plant Protection Department is obliged to prepare the complete
application for recognition of the organization's eligibility to conduct
pesticide product testing for submission to the Minister of Agriculture and
Rural Development. The maximum period allowed to go through this process shall
be 15 working days;
b) The Ministry of Agriculture and Rural
Development (or the Department of Science, Technology and Environment) shall
verify submitted documentation within a permitted period of 10 working days
from receipt of all necessary documents from the Plant Protection Department;
c) Within a permitted period of 03 working
days from receipt of consent from the Minister, the Plant Protection Department
shall issue the decision on recognition of the organization’s eligibility to
conduct pesticide product testing;
d) If the applicant is proved to be
ineligible to conduct pesticide product testing, the Plant Protection
Department shall notify applicants in writing and clearly state the reasons for
this.
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1. Training contents
a) Applicable legal regulations on pesticide
product testing;
b) Safety in storage and use of pesticide
products;
c) Process for biological efficacy testing
and testing for determination of pesticide quarantine period;
d) Data processing, storage and report of the
testing result.
2. Registration and organization of training
Organizations or individuals demanding
training in pesticide product testing shall send the registration list of
participants in person or by mails or online to the Plant Protection
Department.
3. The Plant Protection Department shall hold
training in pesticide product testing with contents stipulated in Clause 1 of
this Article. The training period shall last for 04 days.
Based on the result of post-training examination
result, the Plant Protection Department shall confer the Certificate of
completion of training in pesticide product testing by adopting the form given
in the Appendix XIII enclosed herewith.
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1. Comply with regulations laid down in
Article 60 of the Law on Plant Protection and Quarantine, and report the result
of pesticide product testing by completing the form stipulated in the Appendix
VI and VII enclosed herewith.
2. Prepare the general report on the result
of pesticide product testing by completing the form recommended in the Appendix
XI enclosed herewith.
3. Submit the annual report on the result of
pesticide product testing by completing the form recommended in the Appendix
XII enclosed herewith or the occasional report requested by the Plant
Protection Department. The report must be submitted by December 25 in the
reporting year.
Article 24.
Responsibilities of organizations or individuals whose pesticide products are
tested
1. Provide the organization eligible to
conduct pesticide product testing the testing permit, declaration of
information about tested pesticide products according to the form recommended
in the Appendix VIII enclosed herewith, and sample pesticides (with the right
class, active ingredient content, formulation type specified in the testing
permit; the adequate number of pesticides for testing and sample retention;
they are put in a closed pack sealed by organizations or individuals
registering such testing).
2. Sign the contract and pay the fee for
pesticide product testing in accordance with applicable regulations.
3. If pesticide products being tested are
causing adverse impacts on plants, humans and environment, organizations or
individuals whose pesticide products are tested shall take responsibility to
pay compensations in accordance with applicable laws.
Chapter IV
PRODUCTION
AND TRADING OF PESTICIDE PRODUCTS
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Article 25. Scope of
application
Pesticide product manufacturers required to
meet regulations laid down in Article 61 of the Law on Plant Protection (except
for the manufacturer of biological pesticide products containing beneficial
microorganisms as active ingredients) and provided with detailed guidance
enshrined from Article 26 to Article 29 hereof. Manufacturers issued
permissions to carry out pesticide production operations from the date on which
they obtain the Certificate of competence in pesticide production in accordance
with regulations laid down in Article 30 hereof.
Manufacturers of biological pesticide
products containing beneficial microorganisms as active ingredients that do
need to obtain the Certificate of competence in pesticide production but are
required to comply with applicable regulations on environmental protection.
Article 26. Specific
requirements imposed on the production facility
1. Building site
a) The production facility built in an
industrial park must conform to regulations laid down by this park;
b) The production facility outside of
industrial parks must be built at the site that ensures that:
The production facility must be at least 500
meters distant from schools, hospitals and markets, and meet accepted standards
in electricity, water supply, waste water discharge, environmental pollution
control and traffic.
The production facility must be built with
fences all around. The internal traffic system must be developed in order to
ensure the transportation and fire safety.
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a) The production facility must be kept apart
from the storage warehouse;
b) The site must have space for proper
placement of structures with pre-determined functions;
c) The main production building
The main production building must meet design
and construction standards stipulated in the Vietnam’s standards TCVN
4604/2012: Industrial enterprises, production facility – Design standard; TCVN:
2622/1995: Fire prevention and protection for buildings and structures – Design
requirements;
d) The main production building must be
developed by using fireproofing and fire retardant material; the skeleton of
the main production building must be made from bricks, concrete or steel. The
floor must be made from liquid non-absorbent materials, and it has the flat
surface, is covered with anti-slip coating without cracks as well as bordered
by raised edges;
dd) The production facility must have exit
ways, clear instructional signs, maps and easy escape plans in case of
emergency.
Article 27. Specific
requirements imposed on equipment and devices
1. Manufacturing equipment
a) Type of the production line and technology
must be appropriate to ensure the quality of pesticide products;
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c) Operational manual of the manufacturing
equipment should be available and its technical specifications should be
examined and inspected in accordance with applicable regulations. There should
be the proper maintenance of the manufacturing equipment as well as industrial
cleaning process;
d) Lighting items and other electric
instruments must be installed in the necessary positions, and temporary
installation of these items is not allowed. Every electric appliances must have
circuit breakers to automatically turn them off in order to prevent leakage or
excess current.
2. Means of cargo transportation and handling
must meet current technical standards in transporting or handling hazardous
cargos and must be designed to prevent leakage or scattering of pesticides over
the surrounding area. Pictograms must be in place to give warnings of dangers
mounted on means of transportation.
3. Safety equipment and facilities
a) Personal protective equipment must be
provided to get inside the pesticide production area;
b) First aid kits, medicine and equipment
should be provided;
c) An adequate amount of devices or
instruments used for rescue or response to any accidents that may take place in
the production facility must be available. Fire fighting and prevention system
must be installed in proper positions and should be checked frequently to make
sure that it is in a good condition for use.
4. Waste treatment system
a) The production facility must be equipped
with the exhaust emission treatment. After-treatment exhaust emissions must conform
to the national technical regulation QCVN 19:2009 /BTNMT - National technical
regulation on industrial emissions of Inorganic substances and dusts and QCVN
20:2009/BTNMT - National technical regulation on industrial emissions of
several organic substances;
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c) The solid waste treatment must comply with
regulations laid down in the Government’s Decree No. 59/2007/NĐ-CP dated April
9, 2007 on solid waste management. The solid waste collection area must be
covered and protected carefully in which collecting tools and means of
transportation must be kept in place.
Article 28. Quality
control system
1. As for the production facility that has
recently carried out its operations, it must establish and apply its quality
control system consistently with the standard ISO 9001:2008 or equivalent ones.
As for the production facility that has
carried out its operations for 02 years or over, it must have its quality
control system which is recognized to be consistent with the standard ISO
9001:2008 or equivalent ones.
2. The process for pesticide product
manufacturing must include the following information: commercial names,
manufacturing process code, objectives and manufacturing norms (raw materials,
additives, quantitative estimation, proposed amount of formulated pesticide
products, limitations), locations, devices, steps in implementation, quality
control, warehousing, storage, packaging, labels and remarks.
3. The laboratory of product quality control
must be recognized to conform to the standard ISO 17025:2005 or equivalent ones
with the aim of controlling the quality of each pesticide product batch moved
out of the production facility.
4. If there is none of laboratories as
stipulated in Clause 3 of this Article, a contract with the laboratory which
meets the standard ISO 17025:2005 or equivalent ones must be signed to control
the quality of each pesticide batch moved out of the production facility.
5. With regard to the currently operating
production facility, it must have files storing the result of quality control
of each outward pesticide product batch, notification of conformity to
regulations or standards under the provisions of the Law on the Quality of
products, commodities and the Law on Technical regulations and standards.
It must preserve the sample collected from
each outward pesticide product batch to be used in the quality control process
within a minimum period of 03 months.
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1. The person who directly manages and
oversees production operations must hold the university degree or higher
educational degrees in the chemistry, plant protection and biology.
2. The person who directly manages, oversees
and carry out production operations, and the warehouse keeper, must be trained
to improve their knowledge about pesticide products and chemical safety
practices.
Article 30.
Application, process and procedure for issuance of the Certificate of
competence in pesticide production
1. Submission of an application
a) Pesticide production facilities shall
submit an application directly or by mails or online to the Plant Protection
Department;
b) The number of documents submitted: 01
paper set and 01 online PDF-formatted set of documents;
c) The application shall be examined within a
maximum period of 02 working days. If it is valid, it will be kept. If not, it
will be returned to applicants and they are requested to make it supplemented
or improved.
2. Documentation submitted shall include:
a) Application form for issuance of the
Certificate of competence in pesticide production by adopting the form
recommended in the Appendix XIV enclosed herewith;
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c) The plan or measure to prevent or respond
to chemical disasters by completing the form recommended in the Appendix XXI
enclosed herewith; the photocopied paper of documents stating that the
pesticide production facility has conformed to regulations on environmental
protection issued by the competent authority for environment;
d) In case that production facility has its
laboratory, the applicant must submit the Certificate or relevant documents
stating that it has been recognized to conform to the accepted standard of the
quality control system consistently with the standard ISO 17025:2005 or
equivalent ones;
dd) If there is none of laboratories, the
applicant must submit the photocopied contract with the laboratory partner that
has been recognized to conform to the standard ISO 17025:2005 or equivalent
ones;
e) If the production facility has been
operated for more than 02 years, the authenticated duplicate or photocopied
paper (carrying the original along for verification purpose) of the certificate
or relevant documents confirming that it has conformed to the standard of the
quality control system consistently with the standard ISO 9001:2008 or
equivalent ones must be additionally submitted.
3. Verification of submitted documentation
and issuance of the Certificate of competence in pesticide production.
a) The Plant Protection Department shall
verify submitted documentation within a permitted period of 05 working days
from receipt of all required valid documents. If it meets statutory
requirements, the Director of the Plant Protection Department shall grant the
decision on establishment of the Assessment Team. The Assessment Team shall be
joined by 3 – 5 members who have proper professional capacity for appropriate
specialized administration.
The Evaluation Team shall notify the
production facility in writing 07 working days prior to the commencement of
assessment. That written notification will provide clear information about
visiting members, extent, content and time of assessment that will take place
at the production facility within 01 working day.
b) Assessment content
The assessment shall focus on the compliance
of the production facility with requirements stipulated in Section 1 of this
Chapter and its capability to sustain the conformity to statutory requirements.
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Checking and assessing the current placement
of facilities compared with the site plan, environmental, equipment conditions
and other conditions at the production facility;
Holding a face-to-face interview with the
responsible person and staff of the production facility about relevant
information;
Considering stored files and relevant
documents in the production facility.
d) Assessment result
Any disconformities to the requirements
stipulated in Section 1 of this Chapter which has been detected during the
assessment process must be reported in the record on assessment of requirements
for pesticide production by completing the form recommended in the Appendix
XVII enclosed herewith.
This assessment record shall provide an
adequate amount of contents and be countersigned by the production facility's
representative and the Team leader.
In case the production facility’s
representative disagrees over the Team's result, (s)he has the right to write
his/her complaints at the end of such record before affixing the signature and
seal. This record shall be considered valid even if the production facility's
representative refuses to sign their name in the record.
dd) Issuance of the Certificate of competence
in pesticide production
The Plant Protection Department shall
consider the result of verification of submitted documentation and the
assessment result to issue the Certificate of competence in pesticide
production:
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If submitted documentation are not valid, or
the assessment result is unacceptable, the Plant Protection Department shall
notify the applicant in writing of the requirements that have not been met and
deadline for correction or improvement. Within a permitted period of 05 working
days from receipt of corrected or improved documentation, or the reassessment
result (when necessary), if this is valid, the Plant Protection Department
shall issue the Certificate of competence in pesticide production to the
applicant by completing the form given in the Appendix XIX enclosed herewith.
If this is not valid, or the reassessment
result is not acceptable, the Plant Protection Department shall refuse to issue
the Certificate of competence in pesticide production and respond to the
applicant with clear reasons for this refusal.
Article 31.
Reissuance of the Certificate of competence in pesticide production
1. 03 months before the validity period of
the Certificate of competence in pesticide production ends, if organizations or
individuals wish to continue pesticide production, they are required to submit
an application for renewal of this Certificate. Documentation submitted to
apply, process and procedure for this renewal shall be consistent with
regulations laid down in Article 30 hereof.
2. During its operations, if the production
facility has achieved rank A after being inspected and assessed in accordance
with regulations set out by the Minister of Agriculture and Rural Development
on inspecting and assessing establishments specializing in manufacturing and
trading of farm supplies, agricultural, forestry and aquatic products, and has
not expanded its scale of manufacturing active ingredients, technical
pesticides and different pesticide formulations, the regulations laid down in
Clause 1, 2 Article 30 hereof shall apply to this case. Within a permitted
period of 05 working days from receipt of all valid documents, the Plant
Protection Department shall issue the Certificate of competence in pesticide
production and shall not establish the team to carry out the field survey at
the production facility.
Section 2. ISSUANCE
OF THE CERTIFICATE OF COMPETENCE IN PESTICIDE BUSINESS
Article 32. Specific
requirements imposed on the human resource
The owner of pesticide business (Director or
General Director of limited liability company, joint-stock company, private
enterprise, partnership company members; head of the branch or deputy head of
the branch of the enterprise; one of managers of pesticide business at the
enterprise’s agency, cooperative rendering plant protection service; the person
who directly oversees pesticide store if that store has one fixed location),
and the person who directly sells pesticide products, must hold the associate
degree or higher educational degrees in plant protection, plant cultivation,
biology, chemistry, or the Certificate of completion of professional
development course in pesticide products.
Article 33. Specific
requirements imposed on the site
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2. The pesticide store must have its size
relevant to the business scale which should cover a minimum of 10 square
meters. It must be the well-built house in the dry and well-ventilated place.
3. Trading of pesticide products must be
separated from that of other commodities such as foodstuff, beverage, animal
feed, medical drug and veterinary medicines.
4. A pesticide store is not located inside of
the food and beverage service, entertainment, recreational areas, schools or
hospitals.
5. The pesticide store must be at least 20
meters distant from the water source (river, lake, canal, ditch or well); its
floor must be high, dry, and have resistance to absorption and flood; its walls
and roof must be made from fire resistant materials.
6. Pesticide product storage of the pesticide
store must conform to regulations laid down in Article 61 hereof.
If the pesticide business does not have its
pesticide store, it must present its Certificate of enterprise registration,
and have permanent, legal and clear contact address, and keep the record on
trading, exportation or importation of pesticide products and comply with
regulations laid down in Article 32 hereof.
Article 34. Specific
requirements imposed on equipment and facilities
1. Be equipped with showcases, counters,
shelves or racks used for storing pesticide products.
2. Ensure it is lightened to identify
pesticide products. The lighting system must conform to the fire safety
standards.
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4. Provide personal protective equipment such
as gloves, face masks, and clean water and soap.
5. Provide materials and instruments used for
handling any accident that may arise as requested by the competent authority
for environment management.
Article 35.
Documentation submitted to apply, process and procedure for issuance of the
Certificate of competence in pesticide business
1. Submission of an application
a) The pesticide business shall submit its
application in person or by mails or online to the Plant Protection
Subdepartment or Plant Cultivation and Protection Subdepartment;
b) The number of documents submitted to apply
for registration: 01 set of documents;
c) Validity of this application shall be verified
within a maximum period of 02 working days. If submitted documents are valid as
stipulated by applicable regulations, it will be accepted. If not, it shall be
returned to applicants and they are also requested to make it supplemented or
improved.
2. Documentation submitted shall include:
a) Application form for issuance of the
Certificate of competence in pesticide business by adopting the form
recommended in the Appendix XIV enclosed herewith;
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c) A written explanation for this competence
in pesticide business in accordance with the Appendix XVI enclosed herewith.
3. Verification of requirements and issuance
of the Certificate of competence in pesticide business
a) The Plant Protection Subdepartment or the
Plant Cultivation and Protection Subdepartment in a city or province shall
carry out such verification within a permitted period of 03 working days from
receipt of all required documents.
b) Establishment of the assessment team
Within a maximum period of 05 working days
from receipt of all required documents, the Director of the Plant Protection
Subdepartment, or the Plant Cultivation and Protection Subdepartment in a
province, shall issue the decision on establishment of the assessment team and
carry out the field survey. The Assessment Team shall be joined by 3 – 5
members who have proper professional capacity for appropriate specialized administration.
The Assessment Team shall notify the
pesticide business in writing of the assessment plan at least 05 working days
prior to the commencement of assessment. That written notification will provide
clear information about visiting members, extent, content and time of
assessment that will take place at the pesticide business within 01 working
day.
c) Assessment content
The assessment shall focus on the compliance
of the pesticide business with requirements stipulated in Section 2 of this
Chapter.
d) Assessment method
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Considering stored files and relevant
documents in the pesticide business;
Checking and assessing the current placement
of facilities compared with the site plan, environmental, equipment conditions
at the pesticide business.
dd) Assessment result
Any disconformities to the requirements
stipulated in Section 2 of this Chapter which has been detected during the
assessment process must be reported in the record on assessment of conformity
to requirements for pesticide business by completing the form recommended in
the Appendix XVIII enclosed herewith.
This assessment record shall provide an
adequate amount of contents and be countersigned by the pesticide business'
representative and the Team leader.
In case the pesticide business’
representative disagrees over the Team's result, (s)he has the right to write
his/her complaints at the end of such record before affixing the signature and
seal. This record shall be considered valid even if the pesticide business’
representative refuses to sign their name in the record.
e) Issuance of the Certificate of competence
in pesticide business
The Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall consider the result of
verification of submitted documentation and the assessment result to issue the
Certificate of competence in pesticide business:
If submitted documentation are valid and the
assessment result is acceptable, within a permitted period of 05 working days
from the assessment completion date, the Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall issue the Certificate of
competence in pesticide business to the applicant by completing the form given
in the Appendix XX enclosed herewith.
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In case of refusing to issue the Certificate
of competence in pesticide business, the Plant Protection Subdepartment or the
Plant Cultivation and Protection Subdepartment will send a written response in
which reasons for such refusal must be clearly stated.
Article 36.
Reissuance of the Certificate of competence in pesticide business
1. 03 months before the validity period of
the Certificate of competence in pesticide business ends, if organizations or
individuals wish to continue pesticide business, they are required to submit an
application for renewal of this Certificate. Documentation submitted to apply,
process and procedure for this renewal shall be consistent with regulations
laid down in Article 35 hereof.
During its operations, if the pesticide
business has achieved rank A after being inspected and assessed in accordance
with regulations set out by the Minister of Agriculture and Rural Development
on inspecting and assessing establishments specializing in manufacturing and trading
of farm supplies, agricultural, forestry and aquatic products, it will be
requested to file an application for renewal of the Certificate of competence
in pesticide business in accordance with the regulations laid down in Clause 1,
2 Article 35 hereof. Within a permitted period of 05 working days from receipt
of all valid documents, the Plant Protection Subdepartment, or the Plant
Cultivation and Protection Subdepartment, shall issue the Certificate of
competence in pesticide business and shall not establish the team to carry out
the field survey at the pesticide business.
Section 3.
PROFESSIONAL DEVELOPMENT AND TRAINING IN CHEMICAL SAFETY FOR PESTICIDE PRODUCTS
Article 37. Content,
and program for professional development and training in chemical safety for
pesticide products
1. Contents of professional development and
training shall include:
a) Regulations on management of pesticide
products, production and business requirements, rights and obligations of
organizations or individuals manufacturing and trading pesticide products;
b) Regulations on penalties for
administrative violations concerning pesticide products;
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d) Classification of pesticide products by
harmful effects, and characteristics of pesticide products;
dd) Safety in production, trading,
transportation, storage and use of pesticide products;
e) Solutions to prevention and control of
pesticide accidents;
g) Tips for reading pesticide labels;
h) Instructions on safe and effective
pesticide application;
i) General knowledge about plant harmful
organisms, several common harmful organisms, and preventive and controlling
measures;
k) Legislative knowledge relating to fire
fighting and prevention;
l) Field practice and observation.
2. Professional development and training
program shall include:
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b) Chemical safety training for pesticide
products designed for persons who directly manage or oversees divisions related
to direct manufacturing of pesticide products, persons who directly manufacture
pesticide products, warehouse keepers. The training program may last for 03
days and provide participants with contents mentioned in Point a, b, dd, e,
Clause 1 of this Article, and upon completion of the program, participants will
be awarded the Certificate of participation in chemical safety training for
pesticide products by adopting the form recommended in Section II, the Appendix
XXII hereof;
3. Responsibility for organizing these
courses and issuing the Certificate of participation in the professional
development program for pesticide products, or the Certificate of participation
in chemical safety training for pesticide products.
a) The Plant Protection Department shall take
responsibility to design content, program for these courses;
b) The Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall be responsible for
implementation and issuing the Certificate of participation in the professional
development program for pesticide products, or the Certificate of participation
in chemical safety training for pesticide products in conformity with the
content and program stipulated in Clause 1, 2 of this Article.
Article 38.
Professional development and training in chemical safety for pesticide products
Organizations or individuals wishing to
participate in courses for professional development and training in chemical
safety for pesticide products shall send the registration list of participants
in person or by mails or online to the Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment.
2. The Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall be responsible for
running these courses in conformity with the content and program stipulated in
Clause 1, 2 Article 37 hereof;
Right after participants pass the exam, the
Plant Protection Subdepartment, or the Plant Cultivation and Protection
Subdepartment, will issue the Certificate to them by adopting the form
recommended in the Appendix XXII enclosed herewith.
Chapter V
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Article 39. General
principles
1. Import or export of pesticide products
shall conform to Article 67 of the Law on Plant Protection and Quarantine and
the Circular No. 04/2015/TT-BNNPTNT of the Minister of Agriculture and Rural
Development dated February 12, 2015 on providing guidance on implementation of
several contents of the Government’s Decree No. 187/2013/NĐ-CP dated November
20, 2013 on providing specific regulations on implementation of the Law on
Commerce on carrying out operations relating to international sale and purchase
of commodities, and agency-related operations and those concerning purchase,
sale, contract manufacturing and transition of cargos in association with
foreign partners in the agriculture, forestry and aquaculture sectors (hereinafter
referred to as the Circular No. 04/2015/TT-BNNPTNT).
2. In case of the import authorization, the
authorized organization or individual is required to show the authorization
letter granted by the holder of the registration certificate in which they are
authorized to contact the customs authority to go through import procedures.
3. In order to be legally imported, pesticide
products specified in the List must meet the following requirements:
a) Technical pesticides must contain a
minimum amount of active ingredients equal to that of active ingredients used
in technical pesticides specified in the List, and must be imported with clear
origin from manufacturers;
b) Formulated pesticide products must have
the content of active ingredients, formulations and manufacturers appropriate
to the Certificate of pesticide product registration in Vietnam, and such
products must remain at least 2/3 of the shelf life defined on the label of
pesticide from the date on which they are imported into Vietnam;
c) Each type of formulated pesticide products
must meet the standard of biochemical properties concerning suspended particle
proportion, emulsion stability.
d) Technical pesticides and formulated
pesticide products must meet regulations on hazardous impurities defined in the
national technical regulation (QCVN), the national standard (TCVN), basic
standards (TC) introduced by the Plant Protection Department.
Article 40.
Application, process and procedure for issuance of the license to import
pesticide products for export production purpose
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a) Application form for issuance of the
license to import pesticide products by adopting the form 01/BVTV issued
together with the Circular No. 04/2015/TT-BNNPTNT.
b) The authenticated duplicate or photocopied
paper (carrying the original one along for verification purpose) of the
Certificate of enterprise registration or the investment certificate
(applicable to the first application).
c) The original or authenticated duplicate of
the import, export or contract-manufacturing agreement with foreign partners,
applicable to the temporary import, re-export, or import for the purpose of
export production.
2. Process and procedure for issuance of the
license to import pesticide products for export production purpose shall be
governed under the provisions of Article 24 of the Circular No.
04/2015/TT-BNNPTNT.
Article 41. Reporting
regime
Importers or exporters of pesticide products
must send a written report by completing the form stipulated in the Appendix
XXIII hereof on the current status of import and export of pesticide products
to the Plant Protection Department. The report must be submitted by July 15
and, as for the annual report, it must be submitted by January 15 of the
following year.
Chapter VI
PESTICIDE
QUALITY CONTROL
Article 42.
Basis for quality inspection
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Article 43.
Regulatory inspection of imported pesticide product quality
1. Pesticide products subject to the
regulatory authority’s quality inspection shall include imported technical
pesticides and formulated pesticide products, except for sample pesticide
products; pesticide products displayed in fairs or exhibitions; pesticide
products serving the purpose of temporary import - export, outward processing;
pesticide products in transit; pesticide products stored in bonded warehouses;
pesticide products that serve the purpose of research, experimentation or
testing; pesticide products imported under the import license so as to be used
in foreign-invested projects and others imported under the import license so as
to serve non-business purpose.
2. The agencies carrying out the State
inspection of imported pesticide product quality are the Plant Protection
Department or the conformity assessment organization authorized by the Plant
Protection Department.
3. Assessment of imported pesticide product
quality shall be conducted by conformity assessment organizations appointed by
the Ministry of Agriculture and Rural Development or the Plant Protection
Department and this appointment must be made known to the public on the website
of the Plant Protection Department.
4. Imported pesticide product shipment shall
be allowed to complete the customs clearance only when agencies or
organizations stipulated in Clause 2 of this Article have concluded that the result
of the State inspection of imported pesticide product quality is satisfactory
for requirements set out in the form stipulated in the Appendix XXVI enclosed
herewith.
5. Pesticide products permitted to store in
the bonded warehouse from receipt of the inspection result shall be governed
under the provisions of Article 35 of the Circular 38/2015/TT-BTC of the
Ministry of Finance dated March 25, 2015 on stipulating customs procedures;
customs supervision and inspection; export, import duties and tax management
for import or export cargos.
Article 44.
Application, process for State inspection of imported pesticide product quality
1. Submission of an application
a) Applicants shall submit their applications
in person or by mails or online to the regulatory authority for inspection of
imported pesticide product quality as stipulated in Clause 2 Article 43 hereof;
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c) Legitimacy of this application shall be
verified within a maximum period of 01 working day.
If the submitted application consists of an
adequate amount of documents and is proved valid, it will be accepted and
recorded in the register of the statutory inspection of imported pesticide
product quality.
If submitted document are not adequate, the
application will be returned to importers and they will be requested to make it
improved.
2. Documentation submitted to apply for
regulatory inspection of imported pesticide product quality shall include:
a) Application form for regulatory inspection
of imported pesticide product quality by adopting the form recommended in the
Appendix XXIV enclosed herewith. The number of documents submitted to apply for
this inspection: 02 set of documents.
b) Duplicate or photocopied papers of the
following documents:
Sales and purchase agreement;
Import license (applicable to pesticide
products stipulated in Clause 2 Article 67 of the Law on Plant Protection and
Quarantine);
Packing list: Specifying the registered
quantity of cargos in each batch and batch No.;
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Bill of lading (applicable to imports by air,
sea or rail);
Certificate of quality, applicable to pest
steam cleaner.
3. Inspection contents
a) Inspection and sampling for inspection
Within 02 working days from the date on which
importers present the declaration of imports, a notification of location and
time of sampling must be given as follows:
If the pesticide product batch remains its
original condition and is consistent with information provided in the
application for regulatory inspection of imported pesticide product quality and
declaration of imported goods, the conformity assessment organization shall
carry out sampling and establish a record on sampling for inspection of
imported pesticide product quality by completing the form recommended in the
Appendix XXV enclosed herewith, and this batch will be documented as well. Pest steam cleaner batch shall be subject to documentation verification and actual
condition inspection.
If the pesticide product batch does not
remain its original condition and is inconsistent with information provided in
the application for regulatory inspection of imported pesticide product
quality, the conformity assessment organization shall not carry out sampling
and shall establish a record on violation against regulations on regulatory
inspection of imported pesticide product quality by completing the form
recommended in the Appendix XXVIII hereof.
b) Notification of the inspection result
Within 03 working days from receipt of
samples for this inspection, the conformity assessment organization shall give
the notification of the result of regulatory inspection of imported pesticide
product quality by completing the form recommended in the Appendix XXVI
enclosed herewith. If the inspection lasts longer than expected, the conformity
assessment organization must immediately notify importers to mutually agree on
possible solutions.
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If the imported pesticide product batch is
forced to be re-exported, importers must complete the re-export of this batch
within the permitted time period as stipulated in the decision to deal with
this problem granted by the Plant Protection Department and send a duplicate of
the written confirmation to the customs authority to the inspection agency to
serve the purpose of document filing.
c) Document filing
Application for regulatory inspection of
pesticide products must be stored within a maximum period of 03 years from the
date on which the notification of the inspection result is given.
Article 45. Complaint
handling and imposition of penalty for violations arising in the regulatory
inspection of imported pesticide product quality
1. Complaints and complaint handling
a) Importers of pesticide products shall have
the right to complain the inspection result, or request the conformity
assessment organization to review the inspection result.
b) The inspection authority shall accept and
deal with complaints or denunciations of importers in accordance with
regulations enshrined in the Law on Complaints and the Law on Denunciation.
2. Regulations on re-inspection
a) Within 07 working days from receipt of the
notification stating that the pesticide product batch has not met the import
standards, importers shall have the right to request the conformity assessment
organization who has carried out inspection of their product batch to review
the inspection result or carry out the re-inspection on condition that the
product batch still remains its original state;
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c) If errors of the conformity assessment
organization in the inspection of imported pesticide product batch cause
importers any loss, the conformity assessment organization will be required to
reimburse an entire amount of inspection costs, concurrently pay compensations
for such loss to importers in accordance with applicable laws.
3. Imposition of penalties for violations
Importers of pesticide products who commit
regulations laid down in this Circular and other relevant documents shall be
subject to penalties in accordance with regulations on imposition of penalties
for violations arising in the field of metrology and quality of commodities and
other regulations on imposition of penalties for administrative violations in
the field of plant protection and quarantine.
Article 46.
Responsibilities of the conformity assessment organization
1. Only assess the conformity of the
designated tests.
2. Receive, examine submitted documentation,
and send the notification of the result of application for registration of
pesticide quality inspection filed by importers within the permitted time
period.
3. Take responsibility for the result of
inspection of imported pesticide product quality.
4. Send a biennial and annual report to the
Plant Protection Department on the current status and result of inspection of
imported pesticide product quality by completing the form recommended in the
Appendix XXVII enclosed herewith. This report must be submitted by June 25 and
December 25 every year.
5. Be put under the supervision and control
of the Plant Protection Department.
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7. Store samples used for the quality
inspection purpose within a required period of 06 months from receipt of these
samples.
8. Preserve the result of inspection of
imported pesticide product quality within a maximum period of 03 years from the
issuance of this result.
Article 47.
responsibilities of importers of pesticide products
1. Apply for registration and implement
regulations on inspection of imported pesticide product quality.
2. Take responsibility to provide necessary
materials about imported pesticide products, and provide advantages for the
conformity assessment organization to access to the area in which imported
pesticide products are retained, stored and transported to serve the sampling
purpose.
3. Comply with any decision made by the Plant
Protection Department to deal with imported pesticide product batches that fail
to meet the quality standards or are in breach of provisions laid down in this
Circular.
4. Have the right to file a complaint against
the result of inspection of imported pesticide product quality and make a
denunciation of any illegal acts committed during the process of inspection of
imported pesticide product quality.
5. If imported pesticide products are allowed
to be warehoused to expect the inspection result produced by the inspection
authority, importers shall be responsible for keeping pesticide products
intact, preventing them from being traded or used until the satisfactory
inspection result is given.
Article 48.
Regulatory quality inspection of pesticide products circulated in the market
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2. The regulatory quality inspection of
pesticide products circulated in the market shall be conducted by organizations
with all necessary conditions designated by the Ministry of Agriculture and
Rural Development or the Plant Protection Department.
3. The designation of testing organizations
shall be governed by applicable regulations enforced by the Minister of
Agriculture and Rural Development on assessment, appointment and management of
laboratories for the agriculture and rural development sector.
Chapter VII
CERTIFICATE
OF CONFORMITY AND DECLARATION OF CONFORMITY FOR PESTICIDE PRODUCTS
Article 49.
Requirements for declaration of conformity
Pesticide products specified in the List of
group-2 products or commodities issued together with the Circular No. 50/2010/
TT-BNNPTNT of the Minister of Agriculture and Rural Development dated August
30, 2010 on making amendments to the list of group-2 products, commodities
issued together with the Circular No. 50/2009/TT-BNNPTNT of the Minister of
Agriculture and Rural Development dated August 18, 2009 shall be subject to the
declaration of conformity prior to being circulated in the market.
Article 50. Process,
procedure and basis for certification of conformity and declaration of
conformity
1. Certification of conformity and
declaration of conformity for pesticide products shall be governed under the
provisions of the Circular No. 55/2012/TT-BNNPTNT of the Minister of
Agriculture and Rural Development dated October 31, 2012 on providing guidance
on procedures for designation of the organization granting the Certificate of
conformity and declaration of conformity under the authority of the Ministry of
Agriculture and Rural Development.
2. Basis for certification of conformity and
declaration of conformity for pesticide products includes technical criteria
specified in the National technical regulation (QCVN), the National standards
(TCVN), and the basic standards (TC) of the Plant Protection Department
annually released by the Department.
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TRANSPORTATION
AND STORAGE OF PESTICIDE PRODUCTS
Section 1.
TRANSPORTATION OF PESTICIDE PRODUCTS
Article 51. General
principles of transportation of pesticide products
1. Transportation of pesticide products must
conform to regulations laid down in the Government’s Decree No. 104/2009/NĐ-CP
dated November 9, 2009 on stipulating the list and road transportation of
hazardous cargos; the Government’s Decree No. 14/2015/NĐ-CP dated February 13,
2015 on providing specific provisions and guidance on implementation of several
articles of the Law on Railroads; regulations on inland waterway, air and
marine transportation of hazardous cargos; other relevant regulations as well as
international agreements of which Vietnam is a signatory.
2. Transportation of pesticide products
(except for microbial pesticide products) must be licensed in accordance with
regulations laid down in Clause 1 Article 4 of the Government’s Decree No. 104/2009/NĐ-CP
dated November 9, 2009 on stipulating the list and road transportation of
hazardous cargos; Clause 1 Article 22 of the Government’s Decree No.
14/2015/NĐ-CP dated February 13, 2015 on providing specific provisions and
guidance on implementation of several articles of the Law on Railroads.
3. Pesticide products must be shipped on
schedule defined in the contract or other relevant document on transportation
of pesticide products which is signed between the carrier and the consignor.
4. The safety for humans, animals and
environment must be guaranteed during the pesticide product transportation. The
carrier of pesticide products shall not be allowed to park at crowded areas,
near schools, hospitals, markets or water sources for daily human needs.
5. Pesticide products shall only be
transported after being packed, labeled and endorsed by the transportation
permit granted by the competent authority in accordance with regulations laid
down in Article 54 hereof.
6. Pesticide products likely to cause reactions
with one another shall be prohibited from being shipped on the same means of
transport.
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Article 52.
Transportation of pesticide products
1. Carrier of pesticide products
a) The driver or cargo escort must be well
aware of the hazard of pesticide products such as toxicity, inflammability,
explosivity, corrosivity, and must learn basic knowledge about how to control
accidents that may occur during the transportation process as well as observe
legal regulations on transportation of hazardous cargos;
b) The driver of road vehicle used for
transportation of pesticide products must hold both certificates in driving of
vehicle in accordance with applicable laws and the Certificate of completion of
training in the labor safety in transportation and storage of pesticide
products;
c) The escort of pesticide products must be
trained for the labor safety in transportation and storage of pesticide
products.
2. Packages, tanks or containers containing
pesticide products during transportation must
a) be made of resilient, firm and almost
waterproof materials;
b) mount an alert pictogram, including black
skull and crossbones on white background put inside the square on a point, and
those relevant to the nature of pesticide products en route in accordance with
regulations laid down in the Appendix XXXIII enclosed herewith. The size of
alert pictograms mounted on each tank is 100 x 100 millimeters (mm) and on
containers is 250 x 250 millimeters (mm);
c) have a hazard warning signal including an
orange rectangle with the United Nations (UN) code printed in the center. The
size of a hazard warning signal is 300 x 500 millimeters (mm) in accordance
with the form stipulated in the Appendix XXXII enclosed herewith. It should be
placed underneath an alert pictogram. As for a package and tank containing
pesticide products, the hazard warning signal should be designed in smaller
size so that it will be proportional to that package and tank. However, it must
be clearly visible.
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a) Common means of transport licensed to be
operated to carry freight by regulatory authorities shall be allowed to carry
pesticide products.
b) Pesticide product transports must meet the
following technical requirements:
Be equipped with devices or instruments used
for fire fighting and prevention which are relevant to pesticide products en
route;
Have covers or hoods to fully cover the whole
freight compartment to prevent water intrusion during the transportation
process;
Use of trailer trucks for transportation of
pesticide products is not allowed.
c) Pesticide product transports shall be
arranged at the end of each ferry if there is no purpose-made ferry used for
carrying hazardous cargos at that ferry terminal.
d) Means of transport of pesticide product
tanks must be mounted with alert pictograms particularly designed for groups or
classes of cargos en route. The size of an alert pictogram mounted on each
transport is 500 x 500 millimeters (mm). Alert pictograms should be mounted at
both sides and the rear side of each transport.
Article 53. Handling
of accidents
In case of pesticide spills or leaks during
the transportation process, the driver, consignor and transport owner, shall be
responsible for applying necessary measures to control and mitigate
consequences, concurrently reporting to the People’s Committee of a commune
where such accidents happen to carry out the continuing supervision and find
solutions to giving warnings and preventing consequences. The person causing
such accidents shall be liable for expenses incurred.
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1. The Plant Protection Subdepartment or
Plant Cultivation and Protection Subdepartment shall issue the pesticide
transportation permit to the following entities:
a) Organizations or individuals carrying
pesticide products which weigh from 1,000 kilograms (kg)/ shipment on road
vehicle;
b) Organizations or individuals chartering
the train to carry pesticide products which weigh from 1,000 kilograms (kg)/
shipment.
2. Pesticide transportation permit shall be
valid nationwide.
3. The validity period of the pesticide
transportation permit shall be changed by shipments (applicable to road
transport), batches (applicable to rail transport) or by periods but restricted
to 12 months from the issue date.
4. The template of the pesticide
transportation permit shall adopt the one recommended in the Appendix XXX
enclosed herewith.
Article 55.
Application, process and procedure for issuance of the pesticide transportation
permit
1. Submission of an application
Applicants for issuance of the pesticide
transportation permit shall submit one set of documents in person or by mails
or online to the regulatory authority in accordance with regulations laid down
in Clause 1 Article 54 hereof.
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a) Application form for issuance of the pesticide
transportation permit by adopting the form given in the Appendix XXIX enclosed
herewith;
b) The photocopied duplicate of the
Certificate of participation in training in the labor safety during the process
of transportation and storage of pesticide products held by the driver or
freight escort. It will be submitted together with the original for
verification purpose (applicable to the road transport);
c) One of the duplicates of the following
documents: Pesticide supply contract; pesticide transport contract; sales
invoices issued for export, import of pesticide products; cargo manifest of the
shipping company (with signature and seal);
d) Transport route, address and telephone
number of the consignor (with signature and seal).
3. Documentation verification and issuance of
the pesticide transportation permit
Within a maximum period of 03 working days
from receipt of all necessary documents in accordance with regulations laid
down in Clause 2 of this Article, the competent authority shall carry out documentation
verification. If such submitted documents are valid, the competent authority
shall issue the pesticide transportation permit.
If submitted documents are not valid, within
01 working day from receipt of all necessary documents, the competent authority
shall notify applicants of contents that need to be improved for the next
submission in accordance with applicable regulations.
In case of refusal to issue the pesticide
transportation permit, within 01 working day, the competent authority shall notify
applicants in writing and clearly state the reasons for such refusal.
Section 2. STORAGE OF
PESTICIDE PRODUCTS
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1. Pesticide product warehouse must conform
to requirements set out in TCVN 5507:2002 Hazardous chemicals - Code of
practice for safety in production, trading, use, storage and transportation.
2. It must have adequate capacity to store
all of pesticide products at any time;
3. The warehouse particularly intended for
storage of biological pesticide products shall not be required to conform to
regulations laid down in this Section but ensure that it will not contaminate
environment.
Article 57. Specific
provisions on pesticide product warehouse
1. The pesticide product warehouse of the
pesticide production facility
a) Warehouse keepers
Warehouse keepers must be trained for the
labor safety in storage of pesticide products, and issues relating to pesticide
products as well as chemical safety practices in accordance with regulations
laid down in Section 3 of this Chapter, and must hold certificates in the labor
and fire safety.
b) The site
The warehouse located in industrial parks
must comply with regulations herein.
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The warehouse must be at least 200 meters
distant from schools, hospitals, markets and water sources; must be located at
the site in which standards of electricity, water supply, effluent treatment,
environmental pollution control and traffic are met; must be separated from the
outside community by walls or fences.
c) Warehouse specifications
Pesticide products stored in the warehouse
must be arranged tidily and logically and classified by the levels of risk,
fire, explosion, and must be separated from those likely to cause chemical
reactions when being placed together.
Pesticide products must be stored at least 10
cm above the floor and at least 20 cm from the wall. The main aisle is at least
1.5 m in width to facilitate fire fighting, prevention, examination and
inspection activities.
Pesticide warehouse must be built by using
fireproofing and fire retardant materials; the skeleton of the warehouse
structure must be made from bricks, concrete or steel. The warehouse floor must
be made from liquid non-absorbent materials, and it has the flat surface but is
covered with anti-slip coating without cracks as well as bordered by raised
edges; All doors must be firmly locked.
The pesticide warehouse must have exit ways,
clear instructional signs (maps or charts) and easily open in case of
emergency.
The pesticide warehouse must be built with
the waste treatment system, comply with regulations laid down in the
Government’s Decree No. 59/2007/NĐ-CP dated April 9, 2007 on solid waste
management; be equipped with the ventilation system; keep tools and means for
collection and transportation of solid wastes from the warehouse to the outside
areas in place.
A notice of internal rules and regulations,
and warning pictograms in conformity with the level of hazard must be mounted
in the pesticide warehouse. With regard to chemicals which have different
hazardous properties, alert pictograms must represent all of these properties.
The pesticide warehouse must be provided with
labor safety rules, and labour safety equipment (such as gloves, facial masks,
eye protective glasses and protective suits) to be used by those who are
directly exposed to pesticide products as well as first aid kits stored in the
box.
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The pesticide warehouse must meet all
necessary requirements for fire and explosive safety in accordance with the Law
on Fire Fighting and Prevention.
The warning signs, such as "no fire” and
“no smoking”, printed in large-font and red texts must be placed outside the
pesticide warehouse; the fire fighting and prevention rules and orders must be
placed in the visible position.
It must be equipped with emergency devices or
instruments. Its fire fighting and prevention system must be installed in the
proper position and should be checked frequently to make sure that it is in a
good condition for use.
The pesticide warehouse operations must
ensure the safety, prevention of potential risks such as fire, leak and spill.
The warehouse keeper must comply with instructions defined in the chemical
safety datasheet of all pesticide products stored inside, and directions for
the safety, hygiene and emergency instructions.
2. The pesticide storeroom of a pesticide
business
a) It must be at least 20 m distant from
water sources (such as rivers, lakes, canals and ditches) and its embankments
or walls must be firmly reinforced to prevent the pesticide spillage. It must
be built in a dry, well-ventilated, anti-leak or anti-flood place as well as
meet requirements for fire and explosive fighting and prevention;
b) The wall and roof of the pesticide
storeroom must be made from fire retardant materials. The wall and floor must
be flat, anti-slipping, easy to be cleaned and resistant to flood;
c) It must be provided with sufficient
illumination to identify pesticide products. The lighting system must conform
to the fire safety standards;
d) Pesticide products must be stored at least
10 cm above the floor and at least 20 cm from the wall, and stored in tightly
closed packages as well as prevent order from being spread over surrounding
areas;
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e) Internal rules and regulations, and fire
safety equipment must be made available and ready for use upon the request of
the fire safety authority;
g) Persons working inside the pesticide
storeroom must be provided with personal protective equipment such as gloves,
face masks, clean water and soap;
h) It must be equipped with emergency
materials and tools.
Section 3. TRAINING
IN THE LABOR SAFETY IN TRANSPORTATION AND STORAGE OF PESTICIDE PRODUCTS
Article 58. Contents
of training in the labor safety in transportation and storage of pesticide
products
1. The driver and escort of pesticide
products must be trained for the followings:
a) Safety in transportation and storage of
pesticide products;
b) Legal regulations on transportation and
storage of hazardous chemicals;
c) Pesticide product properties;
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dd) Methods of guaranteeing the safety in
pesticide transportation, including response to emergency cases, safety
practices on the road and basic knowledge about how to use protective devices,
and measures to be taken to prevent and surmount accidents caused by each type
of pesticide product;
g) Safety practices in storage and
transportation of pesticide products.
2. The Plant Protection Department shall be
responsible for designing contents and programs for training intended for
escorts and drivers of pesticide products.
3. The Plant Protection Subdepartment or
Plant Cultivation and Protection Subdepartment shall hold or cooperate with
training or vocational training centers or enterprises in holding such training
intended for organizations or individuals involved in transportation of
pesticide products, raw materials used for manufacturing pesticide products,
drivers, escorts of cargos and pesticide products in accordance with the
training program contents stipulated in Clause 1 of this Article.
Article 59. Training
in the labor safety in transportation and storage of pesticide products
1. Organizations or individuals wishing to
participate in training in transportation and storage of pesticide products
shall send their registration list of participants in person or by mails or
online to the Plant Protection Subdepartment, or the Plant Cultivation and
Protection Subdepartment.
2. The Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall provide training for
participants in accordance with regulations laid down in Clause 1 Article 58
hereof. Training shall last for 03 days.
3. After considering the examination result,
the Plant Protection Subdepartment or the Plant Cultivation and Protection
Subdepartment shall confer the Certificate of completion of training in the
labor safety in transportation and storage of pesticide products by completing
the form recommended in the Appendix XXXI enclosed herewith.
Chapter IX
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Article 60. Contents
of advertisements for pesticide products
1. Advertising of pesticide products is
required to convey the following contents, unless otherwise stipulated in
Clause 2 of this Article:
a) Commercial names, active ingredient names;
b) Features and effects as well as important
instructions on use and storage of pesticide products;
c) Name and address of organizations or
individuals that hold the registration or distribution certificate;
d) Instructions for use;
dd) Precautions against pesticide hazard and
toxicity, and instructions on prevention and control of the pesticide harmful
effects.
2. An advertisement displayed on billboards,
signboards, signs, banners, racks, shelves, or other items, or objects in the
air, under the water, or movable objects, electronic devices, terminal devices
and other communications devices, or means of transport, advertisement
transmitters shall not be required to contain all of the compulsory contents as
mentioned above.
3. Pesticide product seminars must provide
guidance on the safety and effectiveness in use of pesticide products in
accordance with the basic standards TCCS 20: 2010/BVTV - Instructions for
pesticide product use in a safe and efficient manner.
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5. Contents of advertisements for pesticide
products must be approved by competent authorities stipulated in Article 61
hereof.
Article 61. Authority
to issue the Certificate of approval for advertisement contents for pesticide
products
1. The Plant Protection Department shall
issue the Certificate of approval for advertisement contents for pesticide
products displayed on press media, electronic information pages, electronic
devices, terminal devices and other communications devices, printouts, audio
and video recordings and other technological equipment administrated by central
agencies, and released nationwide.
2. The Plant Protection Subdepartment or
Plant Cultivation and Protection Subdepartment shall issue the certificate of
approval for advertisement contents for pesticide products displayed on the
followings:
a) Press media, electronic information pages,
electronic devices, terminal devices and other communications devices,
printouts, audio and video recordings and other technological equipment
administrated by local authorities;
b) Billboards, banners, signboards, light
boxes and advertising screens.
c) Means of transport;
d) Fairs, workshops, seminars, events,
exhibitions, sports events and cultural programs;
dd) Advertisement transmitters and
advertising objects;
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Article 62.
Application, process and procedure for issuance of the Certificate of approval
for advertisement contents for pesticide products
1. Submission of an application
a) Applicants shall submit their applications
in person or by mails or online to the regulatory authority as stipulated in
Article 61 hereof;
b) The number of documents submitted: 01
paper and 01 electronic set of documents.
2. Documentation submitted shall include:
a) Application form for issuance of the
Certificate of approval for advertisement contents for pesticide products by
adopting the form given in the Appendix XXXIV enclosed herewith;
b) The duplicate of the Certificate of
pesticide product registration;
c) Advertisements (advertisement contents,
forms represented by images, sounds, voices, texts, symbols, colors, lights and
other equivalents);
d) List of presenters with all necessary
information about their qualifications or academic titles (applicable to fairs,
seminars, conferences, events, exhibitions or sports events and cultural
programs).
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Within a maximum period of 10 working days
from receipt of all valid, the competent authorities stipulated in Article 61
hereof shall issue the Certificate of approval for advertisement contents for
pesticide products by adopting the form recommended in the Appendix XXXV
enclosed herewith. In case of refusal to issue the Certificate of approval for
advertisement contents, the competent authorities are required to respond to
applicants and clearly state the reasons for such refusal.
Chapter X
PESTICIDE
PRODUCT LABEL
Section 1.
GENERAL PRINCIPLES OF PESTICIDE PRODUCT LABELS
Article 63.
Principles of pesticide product labeling
1. Pesticide products circulated in inland
areas, or used for exports or imports must be labeled in conformity with
regulations on the commodity label enshrined in the Government’s Decree No.
89/2006/NĐ-CP dated August 30, 2006, and instructions provided by the Globally
Harmonized System on classification and labeling of commodities and in this
Circular.
2. The level of harmful effects of pesticide
products must be displayed on the pesticide product label and the chemical
safety datasheet attached along with pesticide products. The level of harmful
effects of pesticide products shall be classified in conformity with technical
rules and instructions set out by the GHS and classified by the material harmful
effects or those on human health and environment. Classification of harmful
effect groups shall be specified in the Appendix XXXVI enclosed herewith.
Article 64. Position,
size of labels mounted on pesticide products
1. Pesticide product labels must be printed
or tightly mounted on pesticide product packages in the visible position,
provide all required contents, and pesticide products shall not disintegrate
due to the labeling.
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Article 65. Color,
presentation of texts, symbols and images used on the pesticide product label
Color
a) Color of texts, numerical characters,
images, signs printed on the label must be clear;
b) Texts and numerical characters must have
color in contrast to color of the label background which conveys required
contents (example: black - white, black – pale yellow, deep brown – white, dark
blue – white);
c) The background color of the pesticide
product label shall not be confused with the color indicating the hazard level
of pesticide products.
2. Presentation
a) The minimum font size is 8 point and the
standard font is Times New Roman (or equivalent);
b) Vertical, skewed or wavy texts are not
permitted;
c) Images, illustrations of harmful organisms
or plants shall be allowed to print on the pesticide product label only if
these are registered;
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dd) The name of the active ingredient shall
only be printed on the section “composition”.
Article 66.
Presentation language
1. Language printed on the pesticide label is
Vietnamese;
2. The following contents may be printed in
other languages derived from Latin alphabets:
a) The common name of the active ingredient;
b) The common name or scientific name of
ingredients, quantitative composition, if it is impossible to translate it into
Vietnamese, or translation into Vietnamese shall make it mean nothing;
c) Name and address of foreign organizations
or individuals who are the legal holders of the registration certificate, or
the manufacturers of pesticide products.
Article 67. Contents printed on the pesticide
product label
1. The contents printed on the pesticide
product label must be genuine, accurate and obvious, and reflect the true
nature of a single pesticide product (including contents printed on the user's
instruction leaflet) as well as conform to regulations laid down in Section 2
of this Chapter and the Certificate of pesticide product registration.
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Section 2.
COMPULSORY CONTENTS PRINTED ON THE PESTICIDE PRODUCT LABEL
Article 68.
Compulsory contents printed on the formulated pesticide product label
1. Commercial name;
2. Pesticide class;
3. Formulation type;
4. Name, composition and content of the
active ingredients;
5. Quantitative determination;
6. Registration number;
7. Manufacturing date;
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9. Expiry date;
10. Origin of manufacture;
11. Information about the manufacturer;
12. Information about the registration
certificate holder or distributor;
13. Instructions for use and storage;
14. Warning of hazards;
15. Instructions for the safe use of the
pesticide product;
16. Name, content of the solvent, additive
that may change the acute toxicity of the formulated pesticide product (when
applicable).
Article 69. Secondary
pesticide product label
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2. The secondary label should be mounted on
each pesticide package in order to make it unlikely to be displaced during
circulation and use.
3. On each pesticide product label, the
notice sentence “READ INSTRUCTIONS PRINTED ON THE SECONDARY LABEL CAREFULLY
BEFORE USE” must be printed.
4. Contents printed on the secondary label
shall include all of compulsory contents so printed on the primary label.
Article 70.
Compulsory contents printed on the technical pesticides
1. Name of active ingredient;
2. Composition and content of active
ingredients;
3. Net volume or net weight;
4. Name, address of the importer;
5. Origin of manufacture;
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7. Warning of hazards;
8. Instructions for the safe use of the
pesticide product.
Section 3. PESTICIDE
PRODUCT LABELING METHOD
Article 71. Method of
printing compulsory contents on the pesticide product label
1. Commercial name
The commercial name should not provide any
misleading information about the nature and effects of the pesticide product;
show any disrespect to Vietnamese traditional values and customs; have the oral
or written form that can lead to confusion with the name of key figures,
leaders, famous men and geographic names of Vietnam or overseas countries,
foods, beverages or pharmaceutical products.
2. Pesticide class: specifying the effects of
each pesticide product, including pest and disease control products and others
defined in the List. With regard to biological pesticide products, the term
“BIOLOGICAL” must be clearly stated in the text line of pesticide products
(example: biological pest control products).
3. Formulation type: specifying the symbols
of the formulation type under the Croplife International Codes for Technical
and Formulated Pesticides stipulated in the Appendix XL enclosed herewith.
4. Name, composition and content of the
active ingredient
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b) Specifying the content of specific active
ingredients contained in the formulated pesticide
Unit of measurement: g/kg (in full three
digits), or percentage of weight: % w/w (in full two digits), applicable to
solid, viscous liquid, aerosol or evaporative liquid – type pesticide products;
unit of measurement: g/l (in full three digits) or percentage of weight: % w/w,
applicable to liquid pesticide products; unit of measurement: IU or UI
(International Unit)/mg, CFU (Colony-Forming Unit)/g (or ml), applicable to
microbial pesticide products.
5. Quantitative determination;
a) As for pesticide products which are
quantitatively calculated by units of measurement, the labeling must conform to
Vietnam's laws on measurement.
b) As for pesticide products which are
quantitatively calculated by quantities, ingredients must be written in the
form of natural numbers on these pesticide products.
c) As for liquid, viscous liquid pesticide
products, the net volume should be specified in liters (l) or millimeters (mm);
as for powdery, particulate, viscous liquid, aerosol or evaporative liquid
pesticides, the net weight should be specified in kilograms (kg) or grams (g);
as for granular pesticide products, the number of granules and weight of each
granule should be specified in kilograms (kg) or grams (g).
d) If there are different parcels in a
commercial packaging of the pesticide product, the quantitative determination
of each parcel and the number of parcels must be specified.
dd) As for pre-packed pesticide products, the
quantitative determination shall be governed under the Circular No.
21/2014/TT-BKHCN of the Ministry of Science and Technology dated July 15, 2014
on providing regulations on the quantitative measurement of pre-packed goods.
6. Registration number means the registered
numbers specified in the Certificate of pesticide product registration issued
by the Plant Protection Department.
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a) Manufacturing and expiry date must be
printed in full or in abbreviated capital letters "MFG" in the format
of day, month, year in the calendar year. Each number indicating day, month or
year must be written in the form of two digits. Four digits may be accepted to
indicate the year. Numbers indicating the day, month, year of a time period
should be printed in the same line;
b) If it is unable to print the abbreviated
word "MFG" as well as the number indicating the day, month or year,
the label must give a note on this information. Example: if the number “020406”
is printed at the bottom of the pesticide package, the label must note down
“please see MFG at the bottom of the pesticide package".
8. The manufacturing batch number shall be
printed, including the batch number: XXXX; or the batch No.: XXXX. The typeface
of the batch number shall be decided by the manufacturer.
9. Origin of manufacture
a) Print "manufactured in" or
"origin" with attached name of country or territory manufacturing the
pesticide product;
b) As for pesticide products manufactured in Vietnam to serve the purpose of domestic circulation, if the address of the manufacturer
has been identified, the origin of the pesticide product is not compulsory.
10. Information about the registration
certificate holder or distributor of pesticide products.
a) Registration certificate holder:
Specifying name, address and telephone numbers of the organization or
individual issued the Certificate of pesticide product registration;
b) Distributor: Specifying name, address and
telephone numbers of the organization or individual distributing pesticide
products in Vietnam;
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11. Instructions for use and storage:
a) Useful effects and target entities
(harmful organisms or plants);
b) Dosage, concentration, application
frequency, schedule and method;
c) Methods of preparation, formulation,
spraying and formulation percentage;
d) Quarantine period;
dd) Possibility of combining with other
pesticide products (when applicable);
e) Prevention of pesticide resistance and
management information (when appropriate);
g) As for pesticide products for fruit plants
that may be highly toxic to honey bees, the warning “do not spray during
blossoming period” should be given;
h) As for pesticide products for rice that
may be highly toxic to fishes according to the GHS classification, the warning
“highly toxic to fishes. Do not use within aquacultural zones” should be given;
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k) Method of storing and dealing with
residual pesticides and pesticide packages during and after use;
l) Necessary conditions for storage of
pesticide products should be printed on the label. Example: Stored in dry and
cool place at the temperature of less than 30ºC.
12. Warning of hazards
a) Warning pictograms, warning statement, hazard
warning and colorful stripes on the label as stipulated in the Appendix XXXVII
enclosed herewith must be relevant to the classification of the harmful effect
levels of pesticide products;
b) The warning statement must be represented
in lowercase texts, bold texts or uppercase texts which are not less than 2
millimeters (mm) in height. The warning statement must be uniform to the GHS,
including words like “DANGER” used for warning more serious hazards; “WARNING”
used for warning less serious hazards;
c) The height of the warning stripe is not
10% less than that of the label.
13. Instructions for the safe use of
pesticide products.
a) Explanations, directions and symbols for
the safety guidance which describe measures and requirements to be applied to minimize
or prevent harmful effects of pesticide products during physical contact with
pesticide products, or transportation or storage of pesticide products. The
presentation of the safety guidance on the pesticide product label shall be
governed by specific provisions laid down in the Appendix XXXVIII enclosed
herewith;
b) Information about intoxication symptoms,
first aid instructions and medical treatment tips. Information about
detoxicants (if applicable).
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Article 72. General
principles
1. Manufacturers or importers of pesticide
products must prepare the chemical safety datasheet for their pesticide
products in accordance with regulations laid down in Article 29 of the Law on
Chemicals.
2. Organizations or individuals that
manufacture, trade, import or carry pesticide products must store the chemical
safety datasheet for all of pesticide products that currently exist in their
facility or are on their means of transport, and show it upon request as well
as ensure that all of persons relating to pesticide products have access to
information provided in this datasheet.
Article 73. Form and
content of the chemical safety datasheet of pesticide products
1. The chemical safety datasheet of pesticide
products should be written in Vietnamese. With regard to imported pesticide
products, the manufacturer’s datasheet printout in the source language or
English must be enclosed.
2. In case the chemical safety datasheet has
multiple pages, it must be paginated in consecutive order from the first page
to the final page. The numbering system on each page includes the ordinal
number and total number of pages in the chemical safety datasheet and must be
edge-stamped by the manufacturer.
3. The content of the chemical safety
datasheet must take the recommended form given in the Appendix XXXXIX enclosed
herewith.
Chapter XI
PESTICIDE
PRODUCT PACKAGING
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Requirements imposed on pesticide product
packaging shall apply to all of pesticide product packages, even inclusive of
recycled or reused packages.
1. Packaging standards:
a) High-quality materials must be used to
produce packages which are resistant to normal shocks or collisions during
transportation, transloading and manual or mechanical warehouse handling
process;
b) Packages must be tightly closed in order
not to prevent chemical spillage or leakage at the pre-shipping stage, or
during the transportation affected by unexpected events such as shock or
increase in temperature, humidity and pressure;
c) The exterior of packages should be kept
clean and avoid contacting with any hazardous chemicals.
2. The inner packing layer in contact with
pesticide chemicals must meet the following requirements:
a) Its properties are not be impacted or
become less durable due to the destructive effects of chemicals;
b) None of dangerous, catalytic impacts or
reactions to pesticide chemicals may occur inside the pesticide package;
c) An inert layer should be inserted to
protect and isolate packing materials from inside pesticide products.
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4. Materials used for creating the inner
layer which are likely to be damaged or perforated, such as glass, ceramics or
certain plastic materials, must be fixed to the outer packing layer by
inserting relevant shock – absorbing buffer.
5. Pesticide products should not be packed
together in the same outer package or in the same compartment since pesticide
chemicals are likely to generate reactions and cause fire or release excessive
heat; create emissions causing breathlessness, oxidants or noxious gases due to
heat or fire, and produce substances with high abrasivity and non-durable
substances.
6. Standards of liquid pesticide packaging
a) Create the relevant resistance to the
inner pressure generated during the shipping process;
b) Prepare the necessary space to prevent
leakage or distortion of pesticide packages due to an increase in the inner
volume of liquids made by an increase in temperature during the shipping
process;
c) Be tested for leaks before use.
7. Packaging of easily evaporated pesticide
products should be closed enough to prevent the liquid level from being below
the limited level during the shipping process.
8. Packaging of granular or powdery liquid
pesticide should be closed enough to prevent spillage or be protected by
tightly-closed dunnage.
9. Used packages should be managed in the
same manner as the ones currently containing pesticides.
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Chapter XII
USE OF
PESTICIDE PRODUCTS
Article 75. Rights
and obligations of the user of pesticide products
Rights and obligations of the user of
pesticide products are stipulated in Clause 2 Article 71 of the Law on Plant
Protection and Quarantine.
Article 76. Contents
of training in use of pesticide products
1. Instructions on safe and effective use of
pesticide products;
2. Guidance on reading pesticide product label;
3. Harmful effects of pesticide products on
users, and prevention methods;
4. Environmental protection and food safety;
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Article 77.
Responsibility of the trainer providing instructions for use of pesticide
products
1. The Plant Protection Department shall be
responsible for designing training contents and programs.
2. The Plant Protection Subdepartment or
Plant Cultivation and Protection Subdepartment shall hold or cooperate with
training or vocational training centers or enterprises in holding such training
to ensure that predetermined contents and programs are respected in accordance
with Article 76 hereof.
3. Pesticide production facilities should
show their initiatives in holding such training in instructions for use of
pesticide products, and pesticide accident control and prevention.
Chapter XIII
RECALL
AND ERADICATION OF PESTICIDE PRODUCTS
Article 78. Process
for compulsory recall of pesticide products
If any pesticide products are found to be
recalled under the provisions of Clause 1 Article 73 of the Law on Plant
Protection and Quarantine, competent authorities stipulated in Article 79
hereof must go through the following process:
1. Issuing the compulsory recall decision.
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3. Sending the notification of pesticide
recall to relevant administrative agencies.
4. Sealing pesticide products to be recalled.
5. Requesting the organization or individual
whose pesticide products are subject to the recall decision to prepare the plan
to treat recalled pesticide products for submission to competent authorities
defined in Article 79 hereof for consideration.
6. Granting the decision on measures to treat
recalled pesticide products and supervising pesticide product treatment.
a) Apply the measure to reexport recalled
pesticide products to imported pesticide products;
b) Comply with the decision of the Plant
Protection Department on applying the measure to recycle recalled pesticide
products. The recycling activity should be overseen by the authority issuing
the decision on compulsory recall;
c) Apply the measure to have labeling errors
rectified to pesticide products of which labels or packaging are false or in
breach of applicable regulations;
d) Apply the measure to eradicate recalled
pesticide products to the organization or individual whose pesticide products
are subject to the eradication order, or the organization or individual whose
application of other remedial measures in accordance with applicable
regulations is failed.
7. The eradication of pesticide products must
be governed under the provisions of Article 74 of the Law on Plant Protection
and Quarantine.
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1. The Plant Protection Department shall
exercise their power to decide the compulsory recall of pesticide products, and
measures and deadline for recalled pesticide product treatment; examine the
recall and treatment of pesticide products performed by pesticide
manufacturers; impose penalties for violations concerning pesticide product
recall committed by pesticide dealers if establishing that the similar recall
is occurring in different centrally-affiliated cities or provinces.
2. The Plant Protection Subdepartment, or the
Plant Cultivation and Protection Subdepartment, shall exercise their power to
decide compulsory recall of pesticide products, and measures and deadline for
recalled pesticide product treatment; examine the recall and treatment of
pesticide products performed by pesticide dealers; impose penalties for
violations concerning pesticide product recall committed by pesticide dealers
under their authority in accordance with applicable regulations.
Chapter XIV
IMPLEMENTATION
Article 80.
Responsibility of the Plant Protection Department
1. Pesticide product registration
a) Receive, verify, store and guard
registration applications. The minimum period of storage is 05 years for paper
applications, 10 years for electronic applications. After this period,
applications shall be eradicated in accordance with applicable regulations;
b) Issue, reissue and revoke the testing
permit; issue, renew, reissue and revoke the Certificate of pesticide product
registration;
c) Convene meetings with the Advisory Council
to consider approving registration of pesticide products and submit application
to the Minister of Agriculture and Rural Development to make the request for
introduction of the Circular on the List or the Prohibition List after the
Council has considered and requested permission for registration of pesticide
products into the List;
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2. Pesticide product testing
a) Manage, organize activities concerning
pesticide product testing with assurance that the objectivity and accuracy are
respected;
b) Carry out verification of the application
for recognition and announcement of organizations eligible to conduct pesticide
product testing;
c) Train and award the certificate of
participation in training in pesticide product testing to persons who practise
the pesticide testing;
d) Manage examination and evaluation of the
testing result;
dd) Make good use of the testing result to
conduct its evaluation to support the pesticide product registration;
e) Formulate and propose the introduction of
the national technical regulation (QCVN), the national standard (TCVN) and
basic standards (TC) in terms of pesticide product testing.
3. Production of pesticide products
a) Oversee and request pesticide-related
facilities to correct errors in pesticide production conditions;
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c) Issue, reissue and revoke the Certificate
of competence in production of pesticide products in accordance with
regulations enshrined in the Law on Plant Protection and Quarantine as well as
instructions provided in this Circular;
d) Carry out the periodic or occasional
inspection at the facilities issued the Certificate of competence in pesticide
production upon the request of the competent regulatory authorities;
dd) Handle and deal with petitions or
denunciations in accordance with laws;
e) Design contents and programs of training
in improvement of pesticide product knowledge.
4. Import and export of pesticide products
a) Receive and process application for
permission for import of pesticide products under the provisions of Clause 2
Article 67 of the Law on Plant Protection and Quarantine;
b) Issue the license for import of pesticide
products.
5. Pesticide quality control
a) Manage activities relating to the
pesticide quality control;
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c) Handle and deal with complaints or
denunciations of organizations or individuals if imported pesticide products do
not conform to quality requirements;
d) Give training to officials in charge of
the pesticide quality control;
dd) Formulate and propose the introduction of
the national technical regulation (QCVN), the national standard (TCVN) and
basic standards (TC) in terms of pesticide quality control.
6. Certificate of conformity and declaration
of conformity for pesticide products
a) Appoint conformity-certifying
organizations, pesticide laboratories in accordance with applicable regulations
adopted by the Minister of Agriculture and Rural Development;
b) Publicly release the list of
conformity-certifying organizations, laboratories, National technical
regulations (QCVN), National standards (TCVN) and Basic standards (TC) on the
website of the Plant Protection Department.
7. Design contents and programs of training
in the labor safety in transportation and storage of pesticide products.
8. Design contents and programs of training
in instructions for use of pesticide products.
9. Pesticide product advertising
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b) Issue the Certificate of approval for
advertisement contents.
10. Issue the decision on compulsory recall
of pesticide products under their jurisdiction as stipulated in Clause 1
Article 79 hereof.
Article 81.
Responsibility of the Department of Agriculture and Rural Development
1. Receive the registration application,
issue the notification of receiving the declaration of conformity, and make a
record to monitor and keep track of documentation relating to the declaration
of conformity.
2. Collaborate with the Plant Protection
Department in providing guidance on certification of conformity and declaration
of conformity.
3. Send a report to the Plant Protection
Department in order for the Department to compile the final report submitted to
the Ministry of Agriculture and Rural Development on the declaration of
conformity upon request.
4. Direct, instruct and inspect the Plant
Protection Subdepartment or the Plant Cultivation and Protection Subdepartment
in terms of their fulfillment of assigned tasks defined in this Circular.
Article 82.
responsibility of the Plant Protection Subdepartment or the Plant Cultivation
and Protection Subdepartment
1. Trading of pesticide products
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b) Request these facilities to provide
documents or materials, and facilitate the assessment of compliance with
regulations enshrined in this Circular and other relevant legislative documents
about trading of pesticide products;
c) Issue, reissue and revoke the Certificate
of competence in pesticide business within their jurisdiction in accordance
with regulations enshrined in the Law on Plant Protection and Quarantine as
well as instructions provided in this Circular;
d) Carry out the periodic or occasional
inspection at the facilities issued the Certificate of competence in pesticide
business upon the request of the competent regulatory authorities;
dd) Handle and deal with petitions or
denunciations in accordance with laws;
e) Hold training in improvement if pesticide
knowledge and chemical safety practices.
2. Transportation and storage of pesticide
products
a) Receive and verify documentation about
issuance of the license for transportation of pesticide products;
b) Issue the license for transportation of
pesticide products;
c) Hold and issue the Certificate of
participation in training in the labor safety in transportation and storage of
pesticide products.
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a) Hold training in use of pesticide
products;
b) Communicate, disseminate information and
educate people to raise their awareness of compliance with laws on plant
protection and quarantine, and improve consciousness and responsibility of
pesticide users to the community and environment;
c) Collaborate with specialized authorities
to inspect use of pesticide products at production areas, especially at those
intended for manufacturing of vegetable, tea and fruit products;
d) Detect and deal with intentional
violations against regulations on use of pesticide products.
4. Pesticide product advertising
a) Receive and inspect contents of
advertisements for pesticide products under their authority as stipulated in
Clause 2 Article 61 hereof;
b) Issue the Certificate of approval for
advertisement contents.
5. Recall of pesticide products
Issue the decision on compulsory recall of
pesticide products under their jurisdiction as stipulated in Clause 2 Article
79 hereof.
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IMPLEMENTARY
PROVISIONS
Article 83.
Transitional provisions
1. Pesticide products which are specified in
the List but do not meet regulations laid down in Point b Clause 5 Article 5
hereof shall be permitted to freely circulate after 05 years from the effective
date of this Circular.
2. 01 year prior to implementation of
regulations laid down in Clause 1 of this Article, the registration certificate
holders that do not meet regulations laid down in Point b Clause 5 Article 5 hereof
must 01 prepare application for registration of content of pesticide active
ingredient for submission to the Plant Protection Department which will be then
submitted to the Ministry of Agriculture and Rural Development to serve the
purpose of bringing it into the List in accordance with applicable laws.
In case registration certificate holders fail
to follow the abovementioned requirement for a wide range of their pesticide
products, the Plant Protection Department shall discretionarily choose 01 maximum
content out of the contents of registered pesticide products to apply for the
permission of the Ministry of Agriculture and Rural Development to bring them
into the List.
3. Pesticide products that fail to meet
regulations laid down in Point b Clause 5 Article 5, Clause 2 Article 6, Point
b, c, d Article 6, Clause 6 Article 6 hereof, shall be subject to the following
measures:
a) Pesticide products have not been tested
though the testing permit is available: Those in breach of regulations
enshrined in this Circular must be removed from the permit since the effective
date of this Circular;
b) As for pesticide products are undergoing
the testing, or their testing has been completed but the registration has not
been completed yet, they shall continue to be subject to the testing and follow
procedures for registration into the List. If they are registered into the
List, they shall only be circulated within 05 years from the effective date of
this Circular;
c) As for pesticide products that fail to
meet regulations laid down in Clause 2 Article 6; Point b, c, d Clause 3
Article 6; Clause 6 Article 6 hereof and have been registered into the List
before the effective date of this Circular, when the validity of the
certificate of pesticide product registration has expired, the certificate
shall only be extended for a full 2-year period from the effective date of this
Circular.
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5. If chemical or biological pesticide
products containing active ingredients such as pyrethrins, rotenone and
avermectin-group substances registered to be applied on vegetables, fruit and
tea plants have been accredited by the testing permit in which the quarantine
period is not tested before the effective date of this Circular, they are
required to undergo the testing for determination of the quarantine period.
6. Use of labels of pesticide products with
contents stipulated in the Circular No. 03/2013/TT-BNNPTNT of the Minister of
Agriculture and Rural Development dated January 11, 2013 on providing
regulations on pesticide product administration shall be continued for a
permitted period of 05 years from the effective date of this Circular.
7. The certificate of participation in
professional training in pesticide products which have been issued before the
effective date of this Circular shall be considered equivalent to the
Certificate of participation in improvement of professional practices in
pesticide products in accordance with this Circular.
8. Conducting the tests as agreed upon in the
contract with organizations eligible for testing before the effective date of
this Circular shall be continued in accordance with the Circular No.
03/2013/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated
January 11, 2013.
Article 84. Effect
This Circular shall come into force from
August 1, 2015.
This Circular shall replace:
The Circular No. 03/2013/TT-BNNPTNT of the
Minister of Agriculture and Rural Development dated January 11, 2013 on
providing regulations on pesticide product administration;
The Circular No. 14/2013/TT-BNNPTNT of the
Minister of Agriculture and Rural Development dated February 25, 2013 on
providing regulations on issuance of the Certificate of competence in pesticide
production or business;
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Article 2 of the Circular No.
18/2011/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated
April 6, 2011 on amending or abolishing several provisions on the
administrative procedures in the field of plant protection and quarantine in
accordance with the Resolution No. 57/NQ-CP dated December 15, 2010;
The Decision No. 97/2008/QĐ-BNN of the
Minister of Agriculture and Rural Development dated October 6, 2008 on
providing regulations on issuance of the certificate of practice of
manufacturing, copacking, replacement of bottles, packing and trading of
pesticide products;
Article 2 of the Circular No. 85
/2011/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated
December 14, 2011 on amending several articles of the Decision No. 89/2007/QĐ-BNN
dated November 1, 2007 on providing regulations on the state management of
fumigation of plant quarantine articles and the Decision No. 97/2008/QĐ-BNN
dated October 6, 2008 on issuance of the certificate of practice of
manufacturing, copacking, replacement of bottles, packaging and trading of
pesticide products issued by the Ministry of Agriculture and Rural Development.
In the course of implementation, if there is
any difficulty or conflict that may arise, organizations or individuals
concerned must report this to the Ministry of Agriculture and Rural Development
(through the Plant Protection Department) for their consideration, amendment or
supplementation./.
THE MINISTER
Cao Duc Phat
ATTACHED FILE
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