MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
16/2019/TT-BNNPTNT
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Hanoi, November
1, 2019
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CIRCULAR
ELABORATING
SEVERAL ARTICLES OF GOVERNMENT'S DECREE NO. 109/2018/ND-CP DATED AUGUST 29,
2018 ON ORGANIC AGRICULTURE
Pursuant to the Government's Decree No.
15/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No.
107/2016/ND-CP dated July 1, 2016 on business requirements for conformity
assessment services;
Pursuant to the Government’s Decree No.
109/2018/ND-CP dated August 29, 2018 on organic agriculture;
Pursuant to the Government’s Decree No.
154/2018/ND-CP dated September 11, 2018 on amending, supplementing and
repealing several regulations on investment and business requirements
concerning the state authority of the Ministry of Science and Technology and a
number of regulations on specialized inspections;
Upon the request of the Director of Department
of Agricultural Product Treatment and Market Development;
Minister of Agriculture and Rural Development
hereby promulgates the Circular elaborating several Articles of the
Government's Decree No. 109/2018/ND-CP dated August 29, 2018 on organic
agriculture.
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GENERAL PROVISIONS
Article 1. Scope
This Circular elaborates on a number of Articles of
the Government’s Decree No. 109/2018/ND-CP dated August 29, 2018 regarding
organic agriculture (hereinafter referred to as Decree No. 109/2018/ND-CP),
including:
1. Divisions receiving registration application and
granting registration numbers, which are affiliated to organic product
certification bodies.
2. Pre-issuance and supervisory verification and
assessment for issuance and oversight of issuance of Certificates of
conformance to national standards on organic agriculture by certification bodies.
3. Regulations on organic product sampling and
testing.
4. Quality inspection, recall and disposal of
organic products failing to meet prescribed quality standards within the remit
of the Ministry of Agriculture and Rural Development.
Article 2. Subjects of
application
This Circular shall apply to entities and persons
involved in manufacture, trading and certification of organic products within
the territory of Vietnam.
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SPECIFIC PROVISIONS
Article 3. Bodies receiving
application for issuance, re-issuance, supplementary issuance and revision of
Certificates of registration of certification of conformance of organic
products to national standards of Vietnam on organic agriculture
1. Bodies receiving applications shall undertake
verification and assessment for issuance, re-issuance, supplementary issuance
and revision of Certificates of registration of certification of conformance of
organic products to national standards of Vietnam on organic agriculture
(hereinafter referred to as practicing registration certificate).
2. If an organic product certification body
(hereinafter referred to as certification body) wishes to obtain registration
of its organic product certification services in one (01) sector, it must apply
to a specialized body affiliated to the Ministry of Agriculture and Rural
Development, specifically including:
a) Directorate of Fisheries shall take charge of
receiving applications in the fisheries sector.
b) Vietnam Administration of Forestry shall take
charge of receiving applications in the forestry sector.
c) Department of Crop Production shall take charge
of receiving applications in the crop production sector.
d) Department of Livestock Production shall take
charge of receiving applications in the livestock production sector.
3. If a certification body wishes to obtain
registration for certification services for organic products in at least two
(02) sectors, it must apply to a body having specialized authority over the
sector that it registers. The receiving body shall undertake or cooperate with
relevant entities in issuance of the practicing registration certificate.
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5. The body granting practicing registration
certificates shall publicly inform institutional applicants eligible to receive
practicing registration certificates on the website of the Ministry of
Agriculture and Rural Development and of the issuing body within the maximum
duration of five (05) working days from the issuance date.
Article 4. Registration number
of certification body
1. The registration number of a certification body is
a registration code specified in the Form No. 01 in the Appendix to the Decree
No. 109/2018/ND-CP.
2. Each registration number shall be given a
certification body, being kept unchanged in case of reissuance, supplementary
issuance and revision of the practicing registration certificate.
3. Department of Science, Technology and
Environment shall be a body authorized to issue and manage registration
numbers.
Article 5. Operation of
certification body
1. Approaches to pre-issuance and supervisory
verification and assessment for issuance of Certificates of conformance of
organic products to national standards of Vietnam in accordance with point dd
of clause 1 of Article 5 (5th approach) in the Circular No.
28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and
Technology regulating declaration of conformance to standards, declaration of
conformity with regulations and approaches to assessment of conformance to
standards and technical regulations and TCVN 12134:2017 – Organic
agriculture – Requirements for certification bodies, international
standards, regional standards and foreign standards accepted in Vietnam.
2. Organic products of entities and persons holding
health certificates for organic products may carry product stamps corresponding
to certified standards.
3. Entities or persons wishing to receive
certificates of conformance to international standards, regional standards and
international standards for organic products for domestic consumption must be
certificated by certification bodies meeting standards referred to in clause 2
of Article 9 in the Decree No. 109/2018/ND-CP.
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1. General Department and Sectoral Administrations
affiliated to the Ministry of Agriculture and Rural Development, Departments of
Agriculture and Rural Development shall, based on their assigned functions and
duties, conduct inspection of quality of organic products according to the
approved plan or whenever any suspicious act of violation is found.
2. Inspection of quality of organic produce will be
subject to the Law on Quality of Commodities, the Law on Food Safety and other
relevant regulations in force.
Article 7. Regulations on
collection of organic product samples
1. Collectors must hold sampling practice
certificates or certificates of participation in training course in collection
of samples relevant to the type of sample to be collected.
2. Sampling process shall be subject to national
standards of Vietnam appropriate to the type of sample and regulations
promulgated by the Ministry of Agriculture and Rural Development.
Article 8. Testing of organic
product sample falling within the remit of the Ministry of Agriculture and
Rural Development
1. General Department or Administrations shall use
quick test methods accepted or approved by the Ministry of Health for the
purpose of identifying agents or substances not in the list of agents and
substances permitted for use in the national standard of Vietnam No. 11041,
international standards and regional standards accepted by Vietnam.
2. Test results achieved from quick test kits shall
serve as primary test results only for screening and instructional purposes for
upcoming confirmatory tests conducted inside laboratories. Results of
tests conducted by using quick test kits shall not be used as a basis for
handling of violations.
3. Organic product samples which are positive to
tests conducted using quick test kits must undergo confirmatory tests taking
place at registered laboratories which have already been recognized or
designated under laws to be able to give conclusions.
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Article 9. Recall of organic
products failing to meet prescribed standards within the remit of the Ministry
of Agriculture and Rural Development
1. If it is mandatory to recall organic products,
regulations laid down in clause 3 of Article 13 in the Decree No.
109/2018/ND-CP shall be applied.
2. Manufacturing and trading entities and persons
must formulate plans to recall organic products failing to meet prescribed
quality standards.
3. Forms of recall of organic products failing to
meet prescribed quality standards:
a) Voluntary recall carried out by manufacturing
and trading entities and persons;
b) Obligatory recall carried out upon the requests
of competent regulatory authorities.
Article 10. Handling of
organic products failing to meet prescribed standards within the remit of the
Ministry of Agriculture and Rural Development
1. Handling of recalled organic products shall be
subject to regulations laid down in clause 4 of Article 13 in the Decree No.
109/2018/ND-CP.
2. Handling of acts of failure to meet the quality
standards for organic products shall be subject to regulations on
administrative penalties and other documents related to the quality of
commodities, products and food safety.
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IMPLEMENTATION
PROVISIONS
Article 11. Implementation
responsibilities
1. Department of Agricultural Product Treatment and
Market Development shall assume the following responsibilities:
a) Provide counsels and general reports on
international cooperation in and development of organic agriculture.
b) Preside over and cooperate with related units in
resolving any difficulty that may arise in the course of implementation of this
Circular.
2. General Department and sectoral Administrations
affiliated to the Ministry of Agriculture and Rural Development shall assume
the following responsibilities:
a) Provide training courses in inspection,
assessment and oversight of certification bodies and quality of organic
products;
b) Receive application for issuance, re-issuance,
supplementary issuance and revision of Certificates of registration of
certification of conformance of organic products to national standards of
Vietnam on organic agriculture within the scope of their assigned duties;
c) Carry out inspection and assessment of
certification of organic products by certification bodies to ensure
transparency in accordance with laws;
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3. Department of Science, Technology and
Environment shall assume the following responsibilities:
Issue registration numbers to certification bodies
upon the request of General Department or sectoral Administrations.
4. Departments of Agriculture and Rural
Developments in provinces and centrally-affiliated cities shall assume the
following responsibilities:
a) Cooperate with specialized entities affiliated
to the Ministry of Agriculture and Rural Development in carrying out inspection
of certification by certification bodies operating under their jurisdiction.
b) Preside over or cooperate with specialized
entities affiliated to the Ministry of Agriculture and Rural Development in
carrying out inspection of organic product manufacturing and trading
establishments and quality of organic products under their jurisdiction.
Article 12. Entry into force
1. This Circular shall take effect from December
18, 2019. In case where legislative documents or standards referred to in this
Circular are amended or replaced by other new ones, new versions thereof shall
be applied.
2. Certification bodies granted Certificates of
registration of certification of organic products under the provisions of the
Government’s Decree No. 107/2016/ND-CP dated July 1, 2016 on requirements for
conformity service business must apply for registration according to the Decree
No. 109/2018/ND-CP after their Certificates have expired.
3. In the course of implementation of this
Circular, if there is any difficulty or query that arises, entities and persons
involved must report to the Ministry of Agriculture and Rural Development to
seek its decision on any necessary amendment and supplement./.
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PP. MINISTER
DEPUTY MINISTER
Tran Thanh Nam