Circular No. 36/2010/TT-BNNPTNT of June 24, 2010, promulgating the regulation on fertilizer production, trading and use

• Official number: 36/2010/TT-BNNPTNT
• Legislation Type: Circular
• Organization: The Ministry of Agriculture and Rural Development
• Signer: Bui Ba Bong
• Issued Date: 24/06/2010

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 36/2010/TT-BNNPTNT	Hanoi, June 24, 2010

CIRCULAR

ISSUING REGULATIONS ON PRODUCTION, TRADING AND USE OF FERTILIZERS

Pursuant to Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP on the amendment of Article 3 of Decree No. 01/2008/ND-CP of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and rural Development;

Pursuant to the Law on quality of products and goods dated November 21, 2007;

Pursuant to Decree No. 113/2003/ND-CP dated October 07, 2003 of the Government on management of production and trading of fertilizers; Decree No. 191/2007/ND-CP dated December 31, 2007 of the Government amending and supplementing a number of articles of Decree No. 113/2003/ND-CP dated October 07, 2003 of the Government on management of production and trading of fertilizers; Decree No. 15/2010/ND-CP dated March 01, 2010 of the Government on sanctioning of administrative violations in the production and trading of fertilizers; Pursuant to the Law on quality of products and goods dated November 21, 2007;

Pursuant to Decree No. 132/2008/ND-CP dated December 31, 2008 of the Government detailing the implementation of a number of Articles of the Law on quality of products and goods

The Ministry of Agriculture and Rural Development issues the Regulation on production, trading and use of fertilizers,

Article 1. Issued with this Circular is the Regulation on production, trading and use of fertilizers;

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Article 3. Chief of Ministry Office, Director of Department of Crop Production, Director of Legal Department, Director of Department of Science and Environment, Director of Agriculture and Rural Development of provinces and centrally-affiliated cities, the heads of units and organizations and individuals related to the production, business and use of fertilizer in Vietnam are liable to execute this Circular./.

FOR THE MINISTER
DEPUTY MINISTER




Bui Ba Bong

REGULATION

ON PRODUCTION, TRADING AND USE OF FERTILIZERS
(Issued together with Circular No. 36/2010/TT-BNNPTNT dated June 24, 2010 of the Minister of Agriculture and Rural Development)

Chapter I

GENERAL PROVISION

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This Circular specifies in detail and guides the implementation of a number of contents on management of fertilizer quality; production of various types of fertilizer, excluding inorganic fertilizers, import, processing, business and use of fertilizer, list of fertilizers to be produced, traded and used in Vietnam with permission and assigns the tasks of state management on fertilizer under the Decree No.113/2003/ND-CP of the Government on management of production and trading of fertilizers (hereafter referred to as Decree No. 113/2003/ND-CP) and Decree No. 191/2007/ND-CP dated December 31, 2007 of the Government on amending and supplementing a number of Articles of Decree No. 113/2003/ND-CP of the Government on management of production and trading of fertilizers (hereafter referred to as Decree No. 191/2007/ND-CP);

Article 2. Subjects

The foreign and domestic organizations and individuals operating in the areas specified in Article 1 of the Regulation on production, business and use of fertilizer issued together with this Circular in the territory of Vietnam must comply with this Regulation;

Article 3. Explanation of term

1. Fertilizer of Group 1: fertilizers are named in the list of fertilizers permitted for production, business and use in Vietnam (hereinafter referred to as the fertilizer List), but are not the type specified in Clause 2 of this Article.

2. Fertilizer of Group 2: fertilizers are named in the List of fertilizers and included in the List of products and goods specified in Circular No. 50/2009/TT-BNNPTNT dated August 18, 2009 of Minister of Agriculture and Rural Development issuing the List of potentially unsafe goods and products under the management responsibility of the Ministry of Agriculture and Rural Development and the types of fertilizer are specified in Annex 1 of the Regulation on production, business and use of fertilizers issued together with this Circular;

Chapter II

FERTILIZER QUALITY CONTROL

Article 4. Publication of applicable standard, conformity certification and conformity publication

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a) Applicable to all types of fertilizer of Group 1 and Group 2 upon production, import and distribution in the market;

b) Contents of publication of applicable standard comply with the Decision No. 24/QD-BKHCN dated September 28, 2007 of the Minister of Science and Technology on issuing the Regulation on conformance certification, conformity certification and conformance publication and conformity publication;

c) Organizations and individuals producing, importing and trading fertilizers shall publish by themselves the quality indicators, basic characteristics, warning information and standard number of types of fertilizer they are producing, importing and trading on one of the means as follows:

- On the packaging of fertilizer;

- Label of fertilizer;

- Materials attached to the packaging of fertilizer;

The contents of Publication of applicable standard must not be contrary to the requirements of national technical regulations.

2. Conformity certification and conformity publication

a) Applicable to the types of fertilizer of Group 2, Di-amoni-phosphate – DAP, fused Calcium Magnesium Phosphate – FMP when they are produced or imported;

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3. The indicators in fertilizers related to the food hygiene and safety include: heavy metals, harmful microorganisms that must not exceed the permissible limit specified in Annex No.3 of the Regulation on production, business and use of fertilizers issued together with this Circular. For fertilizers added with growth regulators, only using the types of grow regulator specified in the List in the Annex 04 of the Regulation on production, business and use of fertilizers issued together with this Circular with the total content of growth regulator not greater than 0.5% of weight or volume of such fertilizers.

Article 5. Sampling and analysis of fertilizer quality

1. Sampling of fertilizer

a) For fertilizer of Group 1: performing the sampling method according to the national standard (TCVN) corresponding to such fertilizers; if there is no national standard, using the sampling method according to the basic standard published for application by or the international standard for such fertilizers;

b) For fertilizer of Group 2: performing the sampling method according to the national technical regulation (QCVN) corresponding to such fertilizers; if there is national technical regulation, using the sampling method according to the national or international standard corresponding to such fertilizers;

c) The sampling of fertilizer must be done by the person having the valid certificate of fertilizer sampling issued by the Department of crop production;

2. Analysis of fertilizer quality

a) For fertilizer of Group 1: performing the analysis method according to the national standard corresponding to such types of fertilizer. If there is no national standard, using the analysis method according to the basic standard published for application by the producer or importer or the international standard for such type of fertilizer;

b) For fertilizer of Group 2: performing the analysis method according to the provisions of the national technical regulation corresponding to such types of fertilizer. If there is no national technical regulation, using the analysis method according to the national or international standard corresponding to such types of fertilizer;

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Article 6. Indicators with required examination, nutrient content accepted upon testing analysis, compulsory quantity and calculation unit

1. Indicators with required inspection for fertilizers of Group 1

Examination the indicators included in the Publication of applicable standard are specified on the packaging, goods labels or attached materials of the batch of fertilizer to be checked;

2. Indicators with required inspection for fertilizers of Group 2

a) Examination the compulsory indicators under the provisions in the Annex No.3 of the Regulation on production, business and use of fertilizer issued together with this Circular;

b) The indicators included in the Publication of applicable standard are specified on the packaging, goods labels or attached materials of the batch of fertilizer to be checked;

3. The nutrient content accepted upon testing analysis and compulsory quantity for the elements in fertilizer specified in the Annex No.3 of the Regulation on production, business and use of fertilizer issued together with this Circular;

4. The calculation unit for the elements in the fertilizer specified in the Annex No.5 of the Regulation on production, business and use of fertilizer issued together with this Circular;

Chapter III

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Article 7. Conditions for fertilizers to be included in the List of fertilizers

1. The fertilizers that have passed the testing shall be recognized as the new fertilizer by the Department of crop production;

2. The following types of fertilizer shall not have to be tested but must meet the corresponding criteria as follows:

a) The types of simple macro inorganic fertilizers or multi-element macro inorganic fertilizers for root with the total nutrient contents: Total nitrogen (Nts) + effective (P2O5hh) + effective Potassium (K2Ohh); Nts + P2O5hh; P2O5hhPhosphorous K2Ohh + K2Ohh; Nts +  18%;

b) Fertilizers specified at Point a, Clause 2 of this Article have one of these elements: secondary nutrient, micro nutrient, organic matter <10%, or with two or three additional components mentioned above;

c) Secondary fertilizer for root containing:

- An individual nutrient element: Calcium (Ca) or magnesium (Mg) or Sulfur (S) or effective silicon (SiO_{2 hh}) with the content ³ 5%;

- From 2 – 4 nutrient elements Ca, Mg, S, SiO_{2 hh} with the total content  ³ 10%;

d) Micro fertilizer for root contains the minimum content of one of the nutrient elements as follows:

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Cobalt (Co): 500 mg / kg (liter);

Copper (Cu): 15,000 mg / kg (liter);

Iron (Fe): 10,000 mg / kg (liter);

Manganese (Mn): 15,000 mg / kg (liter);

Molybdenum (Mo): 50 mg / kg (liter);

Zinc (Zn): 15,000 mg / kg (liter).

3. Traditional organic fertilizers once put into business must be processed to meet the standard of organic fertilizer specified in Annex 3 of the Regulation on production, business and use of fertilizers issued together with this Circular and must be tested to be recognized as the new fertilizer and shall be included in the List of additional fertilizers;

4. Fertilizers are the results of scientific research accepted at the ministerial or state-level Council on Science and Technology and are recognized as the new fertilizers.

Article 8. Issue of List of fertilizers

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a) List of additional fertilizers: types of fertilizer specified in Clause 1, 2 and 3, Article 6 of the Regulation on production, business and use of fertilizer issued together with this Circular are included in the List of additional fertilizers;

b) List of fertilizers adjusted or modified: types of fertilizer named in the List of fertilizers upon transfer of entire production technology or ownership of fertilizer but with the change of:

- Name of fertilizer;

- Name of owner’s unit;

c) List of fertilizers removed: applicable to the types of fertilizers named in the List of fertilizers but belonging to one of the following types:

- No longer in existence on the market;

- During the process of utilization, there is evidence of causing harm to human health, plants, ecological environment and food safety and hygiene;

- Failure of re-registration with the Ministry of Agriculture and Rural Development upon exceeding the time limit specified in Clause 2 of this Article;

- After two (02) consecutive times of examination in a year, the indicators of quality are lower than the nutrient content accepted upon testing analysis specified in Annex No.3 of the Regulation on production, business and use of fertilizer issued together with this Circular;

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a) Application for registration to the List of fertilizers under the Form specified in Annex No.06 of the Regulation on production, business and use of fertilizers issued together with this Circular;

b) Copy of valid business registration Certificate or Investment Certificate with the lines of production, processing and trading of fertilizers;

Article 9. Procedures for registration to the List of fertilizers

1. For the fertilizers specified in Clause 1, Clause 2 and 3, Article 6 of the Regulation on production, business and use of fertilizers issued together with this Circular, the Department of crop production shall gather and include them in the List of additional fertilizers;

2. For the fertilizers specified in Clause 4, Article 6 of the Regulation on production, business and use of fertilizers issued together with this Circular, the organizations and individuals performing the registration to the the List of additional fertilizers should send one (01) to the Department of crop production. The dossier includes:

a) Application for registration to the List of fertilizers under the guidelines in Annex No.07 of the Regulation on production, business and use of fertilizers issued together with this Circular;

b) Record of acceptance and evaluation of the Council of science and technology and a copy with certification of the governing agency;

c) Report on result of subject research with the signature and seal of the governing agency;

d) Decision of the responsible Ministry on recognizing the result of acceptance and evaluate of the Council of science and technology or equivalent evidences and and a copy with certification of the governing agency;

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3. For the fertilizers specified at Point b, Clause 1, Article 7 of the Regulation on production, business and use of fertilizers issued together with this Circular, the organizations and individuals wishing to register the change of name of fertilizer, name of owner’s unit should send one (01) set of registration dossier to the Department of crop production. The dossier includes:

a) Registration application under the guidelines in Annex No. 09 of the Regulation on production, business and use of fertilizers issued together with this Circular;

b) Contract of technology transfer stipulated by law in case of full technology transfer or the transfer contract with validity between the parties concerned under the provisions of the Civil Code in case of transfer of fertilizer ownership;

Chapter IV

PRODUCTION, PROCESSING, BUSINESS, IMPORT, EXPORT AND USE OF FERTILIZERS

1. The types of fertilizer are produced with permission include:

a) Fertilizers are named in the List of fertilizers;

b) Fertilizers are tested under the provisions in Annex No.10 of the Regulation on production, business and use of fertilizers issued together with this Circular;

c) Fertilizers are produced in the country for export under contracts;

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Organizations and individuals producing fertilizers (excluding the production of traditional fertilizer for use on the spot without business) must meet the following conditions:

a) For fertilizers of Group 1: complying with the provisions in Clause 4, Article 1 of Decree No. 191/2007/ND-CP.

b) For fertilizers of Group 2: It is required to meet the conditions specified in the technical Regulation corresponding to such types of fertilizer;

3. Conditions for processing of fertilizers

a) Organizations and individuals processing fertilizers of Group 1 and 2 must meet the conditions specified at Points a, b, d, dd, Clause 4, Article 1 of Decree No. 191/2007/ND-CP;

b) Processing of fertilizers of Group 2 must meet the conditions of the national technical Regulation corresponding to such types of fertilizer;       

Article 11. Trading of fertilizers

1. Organizations and individuals trading fertilizers must meet the conditions specified in Article 13 of Decree No. 113/2003/ND-CP of the Government on management of production and trading of fertilizer;

2. Traditional fertilizers must comply with the conditions as the other fertilizers if put into trading;

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4. Fertilizer agents must perform the procedures for agents specified in the Commercial Law. The fertilizer traders must comply with the regulations on rights and obligations specified in the Law on quality of products and goods;

5. Organizations and individuals are only permitted to hold seminar for introduction and demonstration model for fertilizers named in the List of fertilizers and must inform the contents of seminar to the Service of Agriculture and Rural Development where the seminar is held at least five (05) days in advance;

6. The advertising of fertilizers on the mass media must comply with regulations of law on advertising;

7. Types of fertilizers or raw materials to produce fertilizers contain substances included in the List of dangerous goods issued together with Decree No. 104/2009/ND-CP dated November 09, 2009 of the Government regulating the List of dangerous goods and transport of dangerous goods by the road motor vehicles, upon being transported by these road motor vehicles, must comply with the provisions of this Decree;

8. Types of fertilizers or raw materials to produce fertilizers contain substances included in the List of toxic substances specified in Annex 2 and 3 of Circular No. 01/2006/TT-BCN dated April 11, 2006 of the Ministry of Industry guiding the management of import and export of toxic substances and products with toxic chemicals, chemical drug precursors according to the technical standards subject to specialized management of the Ministry of Industry, upon import and export, must comply with the provisions in this Circular;

Article 12. Import and export of fertilizers

1. The import and export of fertilizers must comply with the provisions in Clause 5, Article 1 of the Decree No. 191/2007/ND-CP and other relevant laws;

2. The Import of fertilizers outside the List of fertilizers subject to the following cases must be approved in writing by the Department of crop production:

a) New fertilizers for testing;

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- Named in the List of fertilizers;

- Only for export under contracts;

c) Fertilizers used exclusively for sports grounds;

d) Special use fertilizers of the companies with foreign invested capital for production within these companies;

dd) Fertilizers as samples, gifts or in service of scientific research;

e) Fertilizers having been tested and recognized by the Department of crop production as the new fertilizer pending additional supplementation to the List of fertilizers;

3. The importing registration of fertilizer in cases specified in Clause 2 of this Article should be sent with one (01) set of dossier to the Department of crop production. The dossier includes:

a) Registration application for import under the Form specified in Annex No.11 of the Regulation on production, business and use of fertilizers issued together with this Circular;

b) Technical declaration under the Form specified in Annex 08 of the Regulation on production, business and use of fertilizers issued together with this Circular;

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Article 13. Use of fertilizer

1. The fertilizer are used with permission including:

a) Types of fertilizer named in the List of fertilizers.

b) Traditional organic fertilizers that have been treated to ensure no risk of contamination of harmful microorganisms and toxins harmful to humans, animals, plants and environment.

c) Types of fertilizer being tested are only used at places with the scale specified in the Certificate of testing registration;

2. Use of fertilizers must comply with the process of cultivation techniques issued by the competent authorities or recommended by the organizations or individuals producing and importing fertilizers;

Chapter V

ASSIGNED RESPONSIBILITY AND HANDLING OF VIOLATION

Article 14. Responsibility of the Department of crop production

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2. Performing the function of state management on fertilizer in the areas assigned by the Minister: production, inspection of quality and use of fertilizer;

3. Issuing and revoking the fertilizer importing permit specified in Clause 2, Article 10 of this Regulation;

4. Issuing and revoking the fertilizer testing Registration and the Permit for domestic fertilizer production for testing;

5. Establishing an assessment Board of result of fertilizer testing and making a decision on recognizing the new fertilizer;

6. Gathering and requesting the Minister of Agriculture and Rural Development to issue:

a) List of additional fertilizers;

b) List of fertilizers adjusted or modified;

c) List of fertilizers removed;

7. Gathering and managing the information and materials on fertilizers; propagating and disseminating knowledge about law, experience of production, trading and use of fertilizers nationwide;

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9. Assessing dossiers, evaluating, recognizing or appointing the analytical laboratory, organization certifying the fertilizer quality or fertilizer conformity; instructing the procedures for conformity certification or conformity publication for the fertilizers specified in Clause 2, Article 3 of the Regulation on production, business and use of fertilizers issued together with this Circular;

10. Examining, inspecting, handling or requesting the competent authorities to handle the violations of conditions for production and trading of fertilizer, the violations of quality and use of fertilizer, experimenting, sampling and testing the fertilizer quality;

11. Carry out the international cooperation in the area of production, excluding the production of organic fertilizer, trading and management of quality and use of fertilizers;

Article 15. Responsibility of the Department of Science and Environment

1. Assuming the prime responsibility for and coordinating with the agencies concerned to carry out researches and apply the science and advanced technology to the activities related to fertilizers;

2. Drafting the national standard and national technical regulation on fertilizer to be submitted to the competent authority for promulgation and publication;

3. Carrying out international cooperation in the areas of research and application of science and advanced technology to the activities related to fertilizers;

Article 16. Responsibility of Service of Agriculture and Rural Development

Assuming the prime responsibility for and assisting the People’s Committees of provinces and centrally-affiliated cities to perform the functions of state management on production, trading and use of fertilizers, excluding the production of organic fertilizer in the area, namely:

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2. Submitting the regulations on management of mechanisms and policies of production, trading and use of fertilizers at localities in accordance with the regulations of the Government and of the Ministry of Agriculture and Rural Development to the People’s Committees of provinces and centrally-affiliated cities for promulgation;

3. Receiving the conformity publication of fertilizers from the organizations and individuals producing and trading fertilizers under the Annex No.12 of the Regulation on production, business and use of fertilizers issued together with this Circular;

4. Guiding the usage of fertilizers with proper techniques and high efficiency to ensure the food hygiene and safety and limited environmental pollution;

5. Examining, inspecting and handling violations of conditions for production, trading, quality and lebeling of fertilizer; testing, advertising, seminar, demonstration and use of fertilizer under the provisions of this Circular and the relevant legal documents; making a report on result of examination, inspection and handling of violations to the Department of crop production;

Article 17. Responsibility of organizations and individuals for the production, import, trading and use of fertilizer

1. Fully complying with regulations on the conditions for production, import, trading and use of fertilizer, renaming of owning unit or unit receiving full transfer of fertilizer production technology, advertising, seminar and demonstration of fertilizers under the provisions in Decree No. 113/2003/ND-CP and Decree No. 191/2007/ND-CP, the contents of this Circular and other relevant regulations of law;

2. Performing the publication of applicable standard for fertilizers upon production, import and circulation in the market; the conformity publication for fertilizers specified in Clause 2, Article 3 of the Regulation on production, business and use of fertilizers issued together with this Circular in accordance with the laws on regulation, standard, labeling for fertilizer products and goods;

3. Ensuring the quality of fertilizer when produced, imported and traded in accordance with the publication of applicable standard or national technical regulation;

4. Creating the conditions for competent authorities to perform the examination and inspection of activities of production, import and trading of fertilizers;

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Article 18. Handling of violation

1. Organizations and individuals committing violations of regulations on production, processing, import, export, trading, testing, recognition, naming, renaming of fertilizers, sampling and analysis of fertilizer quality shall be handled according to the following documents:

a) Decree No. 15/2010/ND-CP dated March 01, 2010 of the Government regulating the sanction of administrative violations in production and trading of fertilizers;         

b) Decree No. 06/2008/ND-CP dated January 16, 2008 regulating the sanction of administrative violations in commercial activities;

c) Decree No. 107/2008/ND-CP dated September 22, 2008 of the Government on sanctioning of administrative acts such as speculation, hoarding, excessive price increase, spreading of false information, smuggling and trade fraud;

d) Decree No. 37/2005/ND-CP dated March 18, 2005 regulating the procedures for application of measures to enforce the implementation of decision on sanctioning administrative violations;

2. Organizations and individuals committing violations of regulations on publication of applicable standard, conformity certification and conformity publication shall be handled under the provisions of Decree No. 54/2009/ND-CP dated June 05, 2009 of the Government on the sanction of administrative violation in the areas of standard, measurement and quality of products and goods;

3. Destroying or re-exporting the imported fertilizers that fail to meet the national technical regulation; re-exporting the imported fertilizers that fail to meet the Publication of applicable standard;

Article 19. Transitional provision

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2. The batches of fertilizer whose samples are waiting for the analysis of quality from the inspection or examination team of the state agencies before the effective date of this Circular, continue to apply the required quantity norms and permissible quantitative error under the Regulation in the Decision No. 100/2008/QD- BNN dated October 15, 2008 of the Ministry of Agriculture and Rural Development;