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MINISTRY OF
AGRICULTURE AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 07/2026/TT-BNNMT
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Hanoi, January 23, 2026
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CIRCULAR
ELABORATING CERTAIN ARTICLES OF THE
LAW ON PLANT PROTECTION AND QUARANTINE, LAW ON CROP CULTIVATION AND AMENDMENTS
TO CERTAIN ARTICLES OF CIRCULARS IN CROP CULTIVATION AND PLANT PROTECTION
Pursuant to Law on
plant protection and quarantine No. 41/2013/QH13, amended and supplemented by
the Law No 146/2025/QH15;
Pursuant to Law on crop
cultivation No. 31/2018/QH14, amended and supplemented by the Law No
146/2025/QH15;
Pursuant to Decree No.
35/2025/ND-CP dated February 25, 2025 defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Environment of
Vietnam;
At the request of the
Director of the Plant Production and Protection Department;
The Minister of
Agriculture and Environment promulgates a Circular elaborating certain articles
of the Law on plant protection and quarantine, Law on crop cultivation and
amendments to certain articles of circulars in crop cultivation and plant
protection.
Chapter
I
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Article
1. Scope
1. This Circular provides for:
a) Clause 5 Article 67 of the
Law on Plant Protection and Quarantine, as amended and supplemented by Clause 6
Article 2 of the Law on amendments to certain articles of 15 Laws in
agriculture and environment (hereinafter referred to as the Law on Plant
Protection and Quarantine);
b) Clause 2 Article 12,
Clause 8 Article 15, Clause 3 Article 16, Clause 3 Article 17, Clause 7 Article
24, Clause 3 Article 27, Clause 3 Article 28, Clause 4 Article 29, Clause 5
Article 36, Clause 4 Article 37, Clause 3 Article 38, Clause 3 Article 44 and Clause
4 Article 45 of the Law on Crop Production, as amended and supplemented by
Clause 3 and Point a of Clause 8 of Article 15 of the Law on amendments to
certain articles of 15 Laws in agriculture and environment (hereinafter
referred to as the Law on Crop cultivation).
2. This Circular provides
amendments and supplements to certain articles of Circulars in crop cultivation
and plant protection.
Article
2. Regulated entities
This Circular applies for
regulatory agencies, organizations, and individuals whose operations are
related to the provisions of Article 1 of this Circular.
Chapter
II
ELABORATION
OF CLAUSE 5 ARTICLE 67 OF THE LAW ON PLANT PROTECTION AND QUARANTINE
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1. The application includes:
a) In the case where the
pesticide, which is not listed in the List of pesticides permitted for use in
Vietnam, is temporarily imported or imported for manufacture
in Vietnam for export purposes under contracts signed with foreign partners:
An application for a
Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
The original or a
certified copy of the import contract, export contract, or processing contract
with the foreign partner;
A certified copy of the
Certificate of Free Sale (CFS) in the exporting country (only required for the
first submission).
b) In case of importing a
pesticide for fumigation containing the active ingredient methyl bromide and
active ingredients with acute toxicity of category I, II according to the
Globally Harmonized System of Classification and Labeling of Chemicals (GHS):
An application for a
Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
A report on the import,
use, and trading of methyl bromide for cases of importing fumigants containing
methyl bromide according to Form No. 04 in Appendix II issued herewith.
c) In the case where the
pesticide, which is not listed in the List of pesticides permitted for use in
Vietnam, is imported for testing for registration, trial, or research purposes:
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Material Safety Data Sheet
(MSDS) of the research or trial pesticide sample;
Research outline for the
pesticide requested for import (for cases of import for research purposes).
d) In case of importing a
pesticide used in a foreign project in Vietnam; used as samples, goods for an
exhibition or a trade fair; and used in certain special cases according to the
decision of the Minister of Agriculture and Rural Development:
An application for a
Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
A certified copy of the
import contract;
A certified copy of the
Certificate of Free Sale (CFS) in the exporting country in case of importing a
pesticide containing active ingredients that is not listed in the List of
pesticides permitted for use in Vietnam (only required for the first
submission).
dd) In case of importing a
pesticide in the List of pesticides banned from use in Vietnam as reference
standards: An application for a Pesticide import permit according to Form No.
03 in Appendix II issued herewith.
2. Procedures:
a) The applicant shall
submit 01 set of application to the agency assigned to receive and process
administrative procedures by the Chairperson of the Provincial People's
Committee in person, online, or by post;
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c) Within 05 working days
from the date of receiving a satisfactory application, the assigned agency shall
organize an appraisal and submit it to the Chairperson of the Provincial
People's Committee to consider and decide on granting a pesticide import permit
using Form No. 05 in Appendix II attached herewith; in case of refusal, a
written explanation shall be provided.
3. Validity of the permit:
The pesticide import
permit shall be valid for the entire shipment specified in the permit; the
validity period shall be specified for each type of pesticide, but shall not
exceed 12 months from the date of issuance. Import permits for methyl bromide
shall only be valid within the year of issuance.
Chapter
III
ELABORATION
FOR CERTAIN ARTICLES OF LAW ON CROP CULTIVATION
Section
1. PLANT VARIETIES
Article
4. Conservation of plant variety genetic resources and the List of plant
variety genetic resources banned from export
1. Investigation and collection of plant variety genetic
resources:
a) The Director of the
Plant Production and Protection Department shall, based on actual needs and
conditions, order capable entities to conduct periodic investigations and
collections of plant variety genetic resources;
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c) Investigation and
collection results shall be made in writing, describing information related to
the investigation and collection such as location, time, type of specimen,
quantity, and form of collection.
2. Storage and establishment of plant variety gene banks:
a) Plant variety genetic
resources shall be stored at units assigned to store and conserve plant
resources according to the order of the Department of Plant Production and
Protection;
b) Depending on actual
resources and conditions, storage shall be carried out in one of two or both
forms:
Ex-situ conservation means
the storage outside the range of origin of the plant variety in cold conditions
(in cold storage, in liquid nitrogen, or other new suitable technologies of
preservation); or in test tubes (in-vitro storage); or genetic materials or
storage in the field;
In-situ conservation means
the storage within the range of origin of the plant variety.
3. Evaluation of plant variety genetic resources:
a) Evaluation of plant
variety genetic resources includes activities of gene decoding, evaluation of
agronomic and biological indicators, and the use value of plant variety genetic
resources;
b) Based on the needs for
exploitation and use of information about plant variety genetic resources, the
Department of Plant Production and Protection shall order entities with
sufficient capacity to perform the gene decoding, evaluation of agronomic and
biological indicators and value of plant variety genetic resources.
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a) Data on plant variety
genetic resources shall be established by entities performing activities
specified in Clauses 1, 2, and 3 of this Article and relevant entities
(information providers) to serve the management, exploitation, and use of plant
variety genetic resources;
b) Data on plant variety
genetic resources shall be stored in the forms of investigation forms,
description forms, evaluation forms, databases in text or digital format
(including basic data on genetic resources and information related to genetic
resources);
c) Data on plant variety
genetic resources shall be stored at units assigned to store and conserve plant
resources;
d) Sharing of national
plant variety genetic resource data shall comply with the applicable
regulations.
5. The List of plant variety genetic resources banned from
export is provided in Appendix I issued herewith.
1. An application for issuance of a Decision on recognition of
circulation of plant varieties includes:
a) An application for
issuance of a Decision on recognition of circulation of plant varieties made using
the Form No. 06 in Appendix II attached hereto;
b) Results of testing for
distinctness, uniformity, and stability (DUS) of the plant variety to be
recognized;
c) Results of testing for
value of cultivation and use (VCU) of the plant variety;
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dd) An plant variety
information declaration compiled by the applicant using Form No. 07 in Appendix
II attached hereto.
2. An application for reissuance of a Decision on recognition
of circulation of plant varieties includes:
a) An application for
reissuance of a Decision on recognition of circulation of plant varieties made
using the Form No. 08 in Appendix II attached hereto;
b) Documents proving the
changes in case of changes in information related to the entities specified in
the Decision on recognition of circulation.
3. An application for extension of a Decision on recognition of
circulation of plant varieties includes:
a) An application for
extension of a Decision on recognition of circulation of plant varieties made
using the Form No. 09 in Appendix II attached hereto;
b) Results of controlled
testing as prescribed in point a Clause 2 Article 18 of the Law on Crop
Production, conducted within 01 year before the date on which the application
is submitted.
4. Procedures for issuance, re-issuance and extension of the
decision on recognition of plant variety circulation:
a) Procedures for issuance
of the decision on recognition of plant variety circulation:
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The Department of Plant
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
01 working day for the application submitted online or by post;
Within 15 working days
from the receipt of the satisfactory application, the Department of Plant
Production and Protection shall appraise it and issue the decision on
recognition of plant variety circulation using the Form No. 11 in the Appendix
II attached hereto and publish the Decision on its web portal; in case of
refusal, a written explanation shall be provided. The plant variety is allowed
to be circulated from the date on which the decision on recognition of plant
variety circulation is signed.
b) Procedures for
reissuance of the decision on recognition of plant variety circulation:
The applicant shall submit
an application to the Department of Plant Production and Protection in person
or online or by post;
the Department of Plant
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
01 working day for the application submitted online or by post;
Within 05 working days
from the receipt of the satisfactory application, the Department of Plant
Production and Protection shall appraise it and reissue the decision on
recognition of plant variety circulation using the Form No. 12 in the Appendix
II attached hereto and publish the Decision on its web portal; in case of
refusal, a written explanation shall be provided.
c) Procedures for
extension of the decision on recognition of plant variety circulation:
Within 06 months before
the expiry date of the decision on recognition of plant variety circulation,
the applicant shall submit an application to the Department of Plant Production
and Protection in person or online or by post;
The Department of Plant
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
01 working day for the application submitted online or by post;
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The applicant that fails
to submit the application for extension according to Clause 3 of this Article
shall comply with Clause 1 and point a Clause 4 of this Article.
5. Suspension of the decision on recognition of plant variety
circulation
Upon receipt of
information about plant varieties specified in Clause 5 Article 15 of the Law
on Crop Production, the Department of Plant Production and Protection shall
verify the information and issue a decision on suspension of plant variety
circulation if there is sufficient evidence of the violation; and publish the
decision and relevant documents on its web portal.
6. Restoration of the decision on recognition of plant variety
circulation:
Upon rectifying the
violations prescribed in Clause 5 Article 15 of the Law on Crop Production and
receiving confirmation from a testing organization, the entity shall submit an
application form for restoration of the decision on recognition of plant
variety circulation, made using Form No. 10 in Appendix II attached hereto, to
the Department of Plant Production and Protection in person, online, or by post;
The Department of Plant
Production and Protection shall respond regarding the completeness of the application
immediately for in-person submissions; or respond in writing within 01 working
day for the application submitted online or by post;
Within 10 working days
from the receipt of the satisfactory application, the Department of Plant
Production and Protection shall appraise it and notify the restoration of the
Decision on recognition of plant variety circulation and disclose information
on its web portal; in case of refusal, a written explanation shall be provided.
7. Cancellation of the decision on recognition of plant variety
circulation:
a) Within 10 working days
from the receipt of the information about the violations specified in points a,
d, and dd Clause 1 Article 15 of Law on Crop Production, the Department of
Plant Production and Protection shall appraise the information and issue a
decision to cancel the decision on recognition of plant variety circulation
using the Form No. 14 in Appendix II attached hereto; and publish the Decision
on its web portal.
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Article
6. Applications, procedures, and authority to issue or cancel the decision on
recognition of privileged circulation of plant varieties
1. An application for issuance of a Decision on recognition of
privileged circulation of plant varieties includes:
a) An application for
extension of a Decision on recognition of privileged circulation of plant
varieties made using the Form No. 15 in Appendix II attached hereto;
b) Description of characteristics
and current use made using the Form No. 16 in Appendix II attached hereto;
c) A stored sample
transfer record.
2. Procedures for issuance of the decision on recognition of
privileged circulation of plant varieties:
a) The applicant shall submit
an application to the Department of Plant Production and Protection in person
or online or by post;
The Department of Plant
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
01 working day for the application submitted online or by post;
b) Within 10 working days
from the receipt of the satisfactory application, the Department of Plant
Production and Protection shall appraise it and issue the decision on
recognition of privileged circulation of plant varieties using the Form No. 17
in the Appendix II attached hereto; in case of refusal, an written
explanation shall be provided.
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Within 10 working days
from the receipt of the information about the violations specified in Clause 7
Article 15 of Law on Crop Production, the Department of Plant Production and
Protection shall appraise the information and issue a decision to cancel the
decision recognition of privileged circulation of plant varieties using the
Form No. 18 in Appendix II attached hereto; and publish the Decision on its web
portal.
1. Application for self-declaration of circulation of plant
varieties includes:
a) A self-declaration form
made using Form No. 19 in Appendix IV attached hereto;
b) Cultivation process of
the variety compiled by the applicant..
2. Procedures:
a) The applicant shall
submit an application to the Department of Plant Production and Protection in
person or online or by post.
The Department of Plant
Production and Protection shall respond regarding the completeness of the application
immediately for in-person submissions; or respond in writing within 01 working
day for the application submitted online or by post;
b) Within 05 working days
from the receipt of the satisfactory application, the Department of Plant
Production and Protection shall publish it on its web portal. In case of refusal, a written explanation shall be
provided. The applicant shall be entitled to produce and sell plant varieties
after the information disclosure on the web portal of the Department of Plant
Production and Protection.
1. Application for Decision on recognition of elite trees or
Decision on recognition of elite orchard includes:
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b) A report on the results
of elite tree selection made using Form No. 21 in Appendix II attached hereto;
report on the results of elite orchard establishment made using Form No.
22 in Appendix II attached hereto.
2. Procedures for issuance of Decision on recognition of elite
trees/elite orchard:
a) The applicant shall
submit 01 set of application to the agency assigned to receive and process
administrative procedures (where the elite trees/elite orchards are
located) by the Chairperson of the Provincial People's Committee in person,
online, or by post;
The assigned agency shall
respond regarding the completeness of the application immediately for in-person
submissions; or respond in writing within 01 working day for the application
submitted online or by post;
b) Within 10 working days
from the date of receiving a satisfactory application, the assigned agency
shall issue a Decision to establish an Appraisal Council for elite
trees/elite orchards. The Council shall
have at least 05 members who are representatives of scientists, managing
agencies, and relevant specialized agencies. Within 05 working days from the
date of establishment, the Council shall appraise the application and conduct
on-site inspections of elite trees/elite orchards;
c) If the elite
tree/elite orchard meets all conditions, within 05 working days from the
date of appraisal completion, the assigned agency shall request the Chairperson
of the Provincial People's Committee to consider and decide on issuing a
Decision on recognition of elite trees/elite orchard using Form No. 23 or
24 in Appendix II attached herewith; in case of refusal, a written explanation
shall be provided.
3. Procedures for suspending Decision on recognition of elite
trees/elite orchard:
a) On the annual or ad-hoc
basis, the assigned agency shall establish an inspectorate to inspect the
exploitation, use, and protection of elite trees/elite orchards;
b) If an elite
tree/elite orchard fail to meet quality requirements according to national standards or local standards issued by the assigned agency, the
inspectorate shall prepare an inspection minutes;
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4. Procedures for restoring Decision on recognition of elite
tree/elite orchard:
a) When the quality of the
elite tree/elite orchard is restored to meet national or local standards,
the entity shall send a written request for restoration of Decision on
recognition of elite tree/elite orchard to the assigned agency in person,
online, or by post.
The assigned agency shall
respond regarding the completeness of the application immediately for in-person
submissions; or respond in writing within 01 working day for the application
submitted online or by post;
b) Within 05 working days
from receiving the request, the assigned agency shall organize an appraisal. If the elite tree/elite orchard meets all meet
national or local standards, the assigned agency shall request the Chairperson
of the Provincial People's Committee to consider and decide on issuing a
Decision to restore the recognition of elite trees/elite orchard; in case
of refusal, a written explanation shall be provided.
5. Within a maximum of 01 year from the date of issuing the
suspension decision, if the entity fails to restore the quality of the elite
tree/elite orchard according to the national or local standards, the
assigned agency shall propose the Chairperson of the Provincial People's
Committee to issue a decision to cancel the Decision on recognition of elite
trees/elite orchard.
1. A plant variety shall be labeled as per laws on goods label,
including:
a) Name of plant variety;
b) Quality grade of the
variety according to national standards. If
there is no national standard, the local standard shall apply;
c) Characteristics of the
variety, including: Mandatory indicators
specified in national/local standards on cultivation and use values; quality
indicators of propagating materials according to national technical regulations
or local standards in accordance with Article 25 of the Law on Plant
Production. In the case where a local standard applies due to the absence of
national standards/technical regulations, sufficient information must be
provided as per Form No. 07 in Appendix II attached hereto; other voluntary
indicators (if any);
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dd) Information, warnings
(if any);
e) Quantity (mass of seeds
or number of trees, pots, cuttings);
g) Manufacturing date and
expiration date; grafting date of grafted trees; cutting
date of cuttings; harvest date of seeds/tubers; date of transfer from test
tubes to the nursery of tissue culture plants;
h) Name and address of the
producer/importer;
i) Registration number for
varieties issued with a circulation decision, or extended circulation decision;
k) Origin of the variety; in the case of imported plant variety, the phrase “sản xuất
tại” (“produced in”) and the name of the country or territory for imported
varieties shall be written;
l) Batch ID (for annual
crops) or source ID (for perennial crops) consistent with applications for
traceability; batch ID and source ID shall be specified in Appendix III
attached hereto;
m) Information about the
genetically modified (GM) plant for propagating materials of GM varieties.
2. Advertising of plant varieties:
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b) Advertising content for
plant varieties shall comply with the content specified in Decision on
recognition of circulation, Decision on recognition of privileged circulation
of plant varieties, and self-declaration of plant varieties.
3. For plant varieties imported for exhibitions or trade fairs,
advertising shall follow the content of the import permit granted by the
competent authority.
1. The application includes:
a) An application for
issuance of Export permit of plant varieties made using the Form No. 25 in
Appendix II attached hereto;
b) A technical declaration
(submitted only once for each variety upon first export) made using the Form
No. 26 attached hereto;
c) A copy of the
cooperation agreement in foreign language enclosed with a notarized Vietnamese
translation thereof in case of export for research, testing and international
cooperation purposes;
d) A confirmation or
invitation to the exhibition or fair sent by the organizer in case of export
for exhibition purpose.
2. Procedures:
a) The applicant shall
submit 01 set of application to the agency assigned to receive and process
administrative procedures by the Chairperson of the Provincial People's
Committee in person, online, or by post;
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c) Within 10 working days
from the date of receiving a satisfactory application, the assigned agency
shall organize an appraisal and submit it to the Chairperson of the Provincial
People's Committee to consider and decide on granting an export permit using
Form No. 27 in Appendix II attached herewith; in case of refusal, a written
explanation shall be provided.
1. The application includes:
a) An application for
issuance of import permit of plant varieties made using the Form No. 28 in
Appendix II attached hereto;
b) A technical declaration
(submitted only once for each variety upon first import) made using the Form
No. 29 in Appendix II attached hereto;
c) A confirmation or
invitation to the exhibition or fair sent by the organizer in case of import
for exhibition purpose;
d) A Biosafety Certificate
and a Certificate of genetically modified plants eligible for use as food or
animal feed.
2. Procedures:
a) The applicant shall
submit 01 set of application to the agency assigned to receive and process
administrative procedures by the Chairperson of the Provincial People's
Committee in person, online, or by post;
b) The assigned agency
shall respond regarding the completeness of the application immediately for
in-person submissions; or respond in writing within 01 working day for the application
submitted online or by post;
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Article
12. Classification of fertilizers
1. Chemical fertilizers (also known as inorganic fertilizers)
comprise fertilizers produced from inorganic substances or synthetic organic
substances, processed through chemical processes or mineral processing.
Depending on composition, content, or function of main quality indicators for
plants or chemical bonding of nutrients, fertilizers shall be classified in
accordance with national technical regulations.
2. Organic fertilizers comprise fertilizers produced from
natural organic substances (excluding synthetic organic substances), processed
through physical processes (drying, grinding, screening, mixing, moistening) or
biological processes (composting, fermentation, extraction). Depending on composition,
function of main quality indicators or production process, fertilizers shall be
classified in accordance with national technical regulations.
3. Biological fertilizers comprise fertilizers produced through
biological processes or of natural origin, containing one or multiple biological substances
such as humic acid, fulvic acid, amino acids, vitamins or other biological
substances. Depending on composition, function of main quality indicators,
fertilizers shall be classified in accordance with national technical
regulations.
4. Root fertilizers are fertilizers that fall under any of the
cases specified in Clauses 1, 2, and 3 of this Article and are used to provide
nutrients to plants through the root system or for soil improvement.
5. Foliar fertilizers are fertilizers that fall under any of
the cases specified in Clauses 1, 2, and 3 of this Article and are used to
provide nutrients to plants through the stems or leaves.
1. The application includes:
a) An application for
issuance of a decision on recognition of fertilizer circulation in Vietnam made
using the Form No. 30 in Appendix II attached hereto;
b) Basic information on
the fertilizer certified by the producer, including: type; name; form; guidelines on use; methods of use; shelf
life; warnings; quality indicators and content of restricted elements in the fertilizer and testing result;
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d) A Certificate of Free
Sale (CFS) issued by the exporting country (for imported fertilizers specified
in points a, b, and c Clause 2 Article 39 of the Law on Crop Production).
In case the application is
in a foreign language, a Vietnamese translation certified by a translation
agency shall be included.
2. Procedures:
a) The applicant shall
submit an application to the Department of Crop Production and Protection in
person or online or by post;
b) The Department of Crop
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
02 working days for the application submitted online or by post;
c) Within 03 months from
the date of receiving a complete application, the Department of Crop Production
and Protection shall organize an appraisal. If the application is satisfactory,
the Department shall issue the Decision on recognition of fertilizer
circulation in Vietnam made using the Form No. 32 in Appendix II attached
hereto; in case of refusal, a written explanation shall be provided.
3. The term of the
Decision on recognition of fertilizer circulation in Vietnam is 05 years.
Within 03 months before the expiration of the circulation period, entities
shall perform the extension in accordance with Article 15 of this Circular.
1. The application includes:
a) An application for
reissuance of a decision on recognition made using the Form No. 30 in Appendix
II attached hereto;
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c) The original or a
certified copy of the contract or agreement on fertilizer transfer (in case of
transferring a fertilizer in the Decision on recognition).
2. Procedures:
a) The applicant shall
submit an application to the Department of Crop Production and Protection in
person or online or by post;
b) The Department of Crop
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
02 working days for the application submitted online or by post;
c) Within 07 working days
from the date of receiving a complete application, the Department of Crop
Production and Protection shall organize an appraisal. If the application is
satisfactory, the Department shall issue the Decision on recognition made using
the Form No. 32 in Appendix II attached hereto; in case of refusal, a written
explanation shall be provided.
3. The term of the reissued Decision on recognition shall
follow the remaining term of the previously issued Decision.
1. The application includes:
a) An application for
extension of a decision on recognition made using the Form No. 30 in Appendix
II attached hereto;
b) A report on the production,
export, import, and use of the fertilizer made using Form No. 31 in Appendix II
attached hereto
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a) The applicant shall
submit an application to the Department of Crop Production and Protection in
person or online or by post;
b) The Department of Crop
Production and Protection shall respond regarding the completeness of the
application immediately for in-person submissions; or respond in writing within
02 working days for the application submitted online or by post;
c) Within 07 days from the
date of receiving a complete application, the Department of Crop Production and
Protection shall organize an appraisal. If the application is satisfactory, the
Department shall extend the Decision on recognition made using the Form No. 32
in Appendix II attached hereto; in case of refusal, a written explanation shall
be provided.
1. In the cases prescribed in point a Clause 1 Article 38 of
the Law on Crop Production, the Department of Crop Production and Protection
shall consolidate and appraise the information. Within 05 working days from the
date of concluding that the fertilizer poses a high risk to human health or the
environment, the Department of Crop Production and Protection shall issue a
decision to cancel the Decision on recognition.
2. In the cases specified in point b Clause 1 Article 38 of the
Law on Crop Production, within 05 working days from receiving the conclusion on
the use of forged documents or provision of false information of the recognized
fertilizer, the Department of Crop Production and Protection shall issue a
decision to cancel the Decision on recognition.
3. A Decision to cancel the Decision on recognition includes:
a) Fertilizer name –
Fertilizer ID;
b) Name of the owner of
the fertilizer;
c) Reasons for
cancellation, including legal or scientific grounds;
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4. The Department of Crop Production and Protection shall
publish the decision to cancel the Decision on recognition of fertilizer
circulation in Vietnam on its website within 02 working days from the date of
signing.
1. The application includes:
a) An application for
fertilizer import made using Form No. 33 in Appendix II attached hereto;
b) A technical declaration
made using the Form No. 34 in Appendix II attached hereto;
c) A document of the
manufacturer regarding quality indicators, instructions for use, warnings, and
restrictive elements in the fertilizer;
d) A Certificate of Free
Sale (CFS)
issued by the exporting country (for fertilizers imported in accordance with
points a, b, c, d, dd, e, and g Clause 2 Article 44 of the Law on Crop
Production).
dd) A written confirmation
or invitation to participate in a trade fair or exhibition in Vietnam (for
fertilizers imported in accordance with point dd Clause 2 Article 44 of the Law
on Crop Production).
e) A research outline for
the fertilizer to be imported (for fertilizers imported in accordance with
point e Clause 2 Article 44 of the Law on Crop Production);
In case the application is
in a foreign language, a Vietnamese translation certified by a translation
agency shall be included.
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a) The applicant shall
submit 01 set of application to the agency assigned to receive and process
administrative procedures by the Chairperson of the Provincial People's
Committee in person, online, or by post;
b) The assigned agency
shall respond regarding the completeness of the application immediately for
in-person submissions; or respond in writing within 01 working day for the
application submitted online or by post;
c) Within 07 working days
from the date of receiving a satisfactory application, the assigned agency
shall organize an appraisal and submit it to the Chairperson of the Provincial
People's Committee to consider and decide on granting a fertilizer import
permit using Form No. 35 in Appendix II attached herewith; in case of refusal,
a written explanation shall be provided.
1. Training content includes:
a) Applicable regulations
on fertilizers;
b) Fertilizer sampling
methods according to national standards;
c) Practical fertilizer
sampling.
2. Training duration: 05 days.
Based on the results of
the post-training examination, the Department of Crop Production and Protection
shall issue the fertilizer sampling certificate using Form No. 36 in Appendix
II attached hereto.
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4. The Department of Crop Production and Protection shall
develop the program, compile the training materials for fertilizer sampling;
take charge and cooperate with schools and institutes to organize training and
issue fertilizer sampling certificates.
Chapter
IV
AMENDMENTS
AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULARS IN CROP CULTIVATION AND PLANT
PROTECTION
Article
19. Amendments and supplements to certain articles of Circular No.
43/2018/TT-BNNPTNT dated December 28, 2018
1. Article 9 is amended as follows:
1. The application includes:
An application for a
Phytosanitary Certificate according to Form No. 01 in Appendix II issued
herewith;
2. Procedures:
a) The applicant shall
submit an application to the Department of Crop Production and Protection in
person or online or by post;
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c) Within 10 working days
from the receipt of the satisfactory application, the Department of Crop
Production and Protection shall issue the Phytosanitary Certificate using the
Form No. 02 in Appendix II attached hereto; in case of refusal, a written
explanation shall be provided.
3. Validity of the permit:
The Phytosanitary Certificate
shall be valid for the entire shipment specified herein; the validity period
shall be specified for each article, but shall not exceed 12 months from the
date of issuance.”.
2. Article 8; Form No. 01/BVTV, Form No. 02/BVTV, Form No.
03/BVTV in Appendix IV shall be annulled.
3. Form No. 04/BVTV, Form No. 05/BVTV in Appendix IV shall be
replaced with Form No. 01, Form No. 02 of Appendix II attached hereto.
1. Point b Clause 2 of Article 10 is amended as follows:
“b)
Documents proving that applicants are entitled to register pesticides
in Vietnam:
The original or a
certified copy of a document confirming the applicant is a 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 original power of attorney
from the manufacturer to the applicant (of delegation of authority to bear
their name on the registration). The power of attorney from a foreign
manufacturer shall be legalized by the consulate in accordance with Vietnamese
law, except when the exemption from legalization is governed under the
International Agreements to which Vietnam is a signatory.”.
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a) Annul point b clause 2
Article 11; point b clause 2 Article 13; Article 15; point d clause 2 Article
16; Article 21; clause 2 Article 23; Article 30; Article 31; Article 35;
Article 36; clause 5 Article 60; Article 61; Article 62; point c clause 3
Article 80; point c clause 1 Article 82; clause 4 Article 82;
b) Annul Appendix IX,
Appendix X, Appendix XI, Appendix XIV, Appendix XV, Appendix XVI, Appendix
XVII, Appendix XVIII, Appendix XIX, Appendix XX, Appendix XXI, Appendix XXXIV,
Appendix XXXV attached to the Circular.
3. The following phrases are hereby removed:
a) Remove the phrase “trừ
trường hợp bị mất” (“except in case of loss”) in point b clause 2 Article 12;
b) Remove the phrase “và
báo cáo tổng hợp kết quả khảo nghiệm” ("and the general report on the
testing result”) and the phrase “và Phụ lục XI” (“and Appendix XI”) in point
d clause 2 Article 13.
4. The following phrases are replaced:
a) Replace the phrase “10
ngày làm việc” (“10 working days”) with the phrase “08 ngày làm việc” (“8
working days”); replace the phrase “15 ngày làm việc” (“15 working days”) with
the phrase “11 ngày làm việc” (“11 working days”) in point a clause 3 Article
10;
b) Replace the phrase “05
ngày làm việc” (“05 working days”) with the phrase “03 ngày làm việc" (“03
working days”) in Clause 3 Article 12;
c) Replace the phrase “06
tháng” (“6 months”) with the phrase “04 tháng” (“04 months”) in clause 3
Article 13;
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dd) Replace the phrase “02
ngày làm việc” (“02 working days”) with the phrase “01 ngày làm việc" (“01
working day”) in point a Clause 3 Article 44;
1. Annul points a, b, and d Clause 2 Article 1; Articles 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 25; Clauses
2 and 3 of Article 26;
2. Annul Forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32,
33, 34, 35, 36, 37, 38, 42, 43 in Appendix I attached to this Circular.
3. Remove the sentence: “In the case of issuance/reissuance of
Certificate of eligibility for fertilizer production, the applicant shall
submit its application to the agency assigned by the Chairperson of the
Provincial People's Committee to receive and process administrative procedures
(where the applicant’ manufacturing plant is located).” In Clause 3 Article 3.
1. Annul Articles 5, 6, 7, 8, and 9.
2. Annul Appendix II, Appendix III, Appendix IV, Appendix V,
Appendix VI, and Appendix VII.
3. Remove the phrase "và cấp Thẻ hành nghề " (“and
issue practicing card”) in Clause 2 Article 10;
4. Replace the phrase “Chi cục bảo vệ thực vật”
(“Sub-department of Plant Protection”) with the phrase “cơ quan chuyên ngành bảo
vệ và kiểm dịch thực vật” (“specialized agency for plant protection and
quarantine") in Clause 1 Article 11.
1. This Circular shall come into force from January 23, 2026.
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1. The Director of the Department of Crop Production and
Protection, heads of units affiliated with the Ministry, chairpersons of
provincial People's Committees, directors of Departments of Agriculture and
Environment of provinces, and relevant organizations and individuals shall
implement this Circular.
2. Any difficulties that arise during the implementation
should be promptly reported to the Ministry of Agriculture and Environment
(through the Department of Crop Production and Protection) for consideration
and handling./.
PP. MINISTER
DEPUTY MINISTER
Hoang Trung