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MINISTRY OF
AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 04/VBHN-BNNPTNT
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Hanoi, March 10,
2023
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DECREE
ON FERTILIZER
MANAGEMENT
The Government’s Decree No. 84/2019/ND-CP dated
November 14, 2019 on fertilizer management, in force as of January 1, 2020, is
amended and supplemented by:
The Government’s Decree No. 130/2022/ND-CP dated
December 31, 2022, amending and supplementing several Articles of the
Government’s Decree No. 84/2019/ND-CP dated November 14, 2019, prescribing
fertilizer management, and the Government’s Decree No. 94/2019/ND-CP dated
December 13, 2019, elaborating on several Articles of the Law on Crop
Production regarding crop varieties and cultivation, which is in force as from
December 31, 2022.
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Crop Production dated
November 19, 2018;
At the request of the Minister of Agriculture
and Rural Development;
The Government herein promulgates the Decree on
fertilizer management. [1]
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This Decree elaborates on the implementation of
clause 5 of Article 36, clause 4 of Article 37, clause 3 of Article 38, clause
2 of Article 40, clause 4 of Article 41, clause 3 of Article 42, clause 3 of
Article 44, clause 4 of Article 45, clause 4 of Article 46 and clause 2 of
Article 49 regarding fertilizer management in the Law on Crop Production.
Article 2. Interpretation of terms
For the purposes of this Decree, terms used herein
shall be construed as follows:
1. “main quality index” of a fertilizer means a
fertilizer quality index decisive to the nature and utilities of such
fertilizer as prescribed by national technical regulations and used to classify
the fertilizer.
2. “additional quality index” of a fertilizer means
a fertilizer quality index that influences the nature and utilities of such
fertilizer as prescribed by national technical regulations. It is neither a
main quality index nor used to classify the fertilizer.
3. “nutrient” in a fertilizer means a chemical
element that is necessary for the growth of plants. Nutrients consist of:
a) Macronutrients, including nitrogen (N),
phosphorus (P) and potassium (K) which can be absorbed by plants;
b) Secondary nutrients, including calcium (Ca),
magnesium (Mg), and sulfur (S) which can be absorbed by plants;
c) Micronutrients, including boron (B), cobalt
(Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) and zinc (Zn)
which can be absorbed by plants.
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5. “fertilizer production” includes one, multiple
or all activities aiming to produce fertilizers through chemical or biological
reactions or physical processes such as mixing, formulation, grinding, sieving,
preliminary treatment, aging, fermentation, extraction, recycling,
moisturizing, granulation, packaging and other activities.
6. “fertilizer trade” includes one, multiple or all
the following activities: display, sale, storage, preservation, transportation,
wholesale, retail, import and export of fertilizers and other activities to
trade fertilizers.
7. “low-quality fertilizer” means a fertilizer
whose quality index and/or restricted elements fail(s) to meet the requirements
specified in the Decision on recognition of fertilizer for trade in Vietnam
(hereinafter referred to as “Recognition Decision”) or national technical
regulations.
8. “fake fertilizer" means a fertilizer one
main quality index or more of which accounts for only 70% or fewer compared to
the proportion registered in the Recognition Decision (excluding main quality
indexes being microorganisms).
Article 3. Fertilizer classification
1. Chemical fertilizers (also known as inorganic
fertilizers) include different types of fertilizers which are produced mainly
from inorganic substances or synthetic organic substances that have been
treated through chemical processes or mineral processing. They are further
classified according to the compositions, contents or functions of main quality
indexes or chemical bonds of nutrients as specified in national technical
regulations.
2. Organic fertilizers include different types of
fertilizers which are produced mainly from natural organic substances
(excluding synthetic organic substances) that have been treated through
physical processes (such as drying, grinding, sieving, mixing, moisturizing) or
biological processes (such as aging, fermentation, extraction). They are
further classified according to the compositions and functions of main quality
indexes or production processes as specified in national technical regulations.
3. Biological fertilizers include different types
of fertilizers produced through biological processes or natural fertilizers
that contain one biological substance or more such as humic acids, fulvic
acids, amino acids, vitamins or other biological substances. They are further
classified according to the compositions or functions of main quality indexes
as specified in national technical regulations.
4. Fertilizers for root are fertilizers of the
groups defined in Clause 1, Clause 2 and Clause 3 herein that are used for
provision of nutrients to plants through their roots or soil improvement.
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Article 4. General provisions for administrative
procedures provided for in this Decree
1. For dossier submission: Depending on the
capacity for receipt and result informing of entities handling administrative
procedures (“handling entities”), organizations and individuals shall submit
dossiers in person, by post or online (via the national single-window system,
online public services, software, email, fax). To be specific:
a) If the dossier is submitted in person or by
post: The dossier must include the authentic copies, copies from the master
registers, certified copies or copies attached with authentic copies for
verification;
b) If the dossier is submitted online: The dossier
must include the scanned or photographed copies of the authentic copies.
2. The dossier shall be made into 01 copy.
3. Time limit for informing of adequacy of the
dossier:
a) If the dossier is submitted in person: The
handling entity shall review the dossier’s composition and inform immediately
after the organization or individual has submitted the dossier;
b) If the dossier is submitted by post or online:
Within 02 working days, the handling entity shall review the dossier’s
composition and, if the dossier is not yet adequate as regulated, the handling
entity shall inform the organization or individual for supplementation.
4. For payment of administrative fees and charges:
Organizations and individuals shall pay the fees and charges specified by
applicable regulations at the premises of handling entities, by wire transfer
or via other services.
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6. If a regulation in this Decree is inconsistent
with regulations of Clauses 1, 2, 3, 4 and 5 herein, the former shall prevail.
7. If a dossier is in a foreign language, it must
be translated into Vietnamese and verified by translating authorities.
8. Organizations and individuals shall hold
responsibilities for their submitted dossiers.
Chapter II
ISSUANCE, REISSUANCE, EXTENSION AND REVOCATION OF
DECISION ON RECOGNITION OF FERTILIZER FOR TRADE AND DECISION ON RECOGNITION OF
FERTILIZER TESTING ORGANIZATION
Article 5. Applications, procedures and
competence pertaining to issuance of Decision on recognition of fertilizer for
trade in Vietnam
1. An application for the Recognition Decision
consists of:
a) An application for the Recognition Decision,
which is made using Form No. 01 of Appendix I enclosed with this Decree;
b) Basic information on the fertilizer certified by
the producer, including type; name; form; guidelines on use; methods of use;
service life; safety warnings; quality indexes, restricted elements and testing
result;
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d) Certificate of free sale issued by the exporting
country (for the fertilizers specified in Points a, b and c Clause 2 Article 39
of the Crop Production Law that are imported).
2. Procedures for and competence in issuance of the
Recognition Decision:
The organization or individual shall submit the
application specified in Clause 1 herein to a competent affiliate of the
Ministry of Agriculture and Rural Development (“competent authority”).
Within 03 months from the date of receipt of the
adequate application, the competent authority shall review the application and,
if the application is satisfactory, grant the Recognition Decision using Form
No. 03 of Appendix I enclosed with this Decree; otherwise, the competent
authority must send a written explanation to the applicant.
3. The Recognition Decision is valid for 05 years.
An organization or individual that would like to extend the Recognition
Decision must apply for extension according to the procedures specified in
Article 7 herein 03 months before such Decision expires.
Article 6. Applications and procedures for
reissuance of the Recognition Decision
1. An application for reissuance of the Recognition
Decision includes:
a) An application for reissuance of the Recognition
Decision, which is made using Form No. 01 of Appendix I enclosed with this
Decree;
b) The document on trademark infringement issued by
the intellectual property authority or the court (for change of fertilizer’s
name);
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d) The authentic copy or certified copy of the
fertilizer transfer agreement or contract (for transfer of the fertilizer in
the Recognition Decision).
2. Procedures for reissuance of the Recognition
Decision:
The organization or individual shall submit the
application specified in Clause 1 herein to the competent authority.
Within 07 working days from the date of receipt of
the adequate application, the competent authority shall review the application
and, if the application is satisfactory, grant the Recognition Decision using
Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent
authority must send a written explanation to the applicant.
3. The effective period of the reissued Recognition
Decision is the same as that of the issued Recognition Decision.
Article 7. Applications and procedures for
extension of the Recognition Decision
1. An application for extension of the Recognition
Decision includes:
a) An application for extension of the Recognition
Decision, which is made using Form No. 01 of Appendix I enclosed with this
Decree;
b) Notice of receipt of application for
registration of the declaration of conformity or announcement of result of
state inspection of imported fertilizer’s quality;
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2. Procedures for extension of the Recognition Decision:
The organization or individual shall submit the
application specified in Clause 1 herein to the competent authority.
Within 07 working days from the date of receipt of
the adequate application, the competent authority shall review the application
and, if the application is satisfactory, extend the Recognition Decision using
Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent
authority must send a written explanation to the applicant.
Article 8. Applications, procedures and
competence pertaining to revocation of the Recognition Decision
1. For the case provided for in Point a Clause 1
Article 38 of the Crop Production Law, the competent authority shall gather and
review the evidences. Within 05 working days from the date of issuance of the
conclusion that the fertilizer poses high risks to human health and/or the
environment, the competent authority shall issue decision on revocation of the
Recognition Decision.
2. For the case provided for in Point b Clause 1
Article 38 of the Crop Production Law, within 05 working days from the date of
receipt of the written conclusion on use of fake documents or provision of
information different from that of the fertilizer permitted for trade, the
competent authority shall issue decision on revocation of the Recognition
Decision.
3. The decision on revocation of the Recognition
Decision includes:
a) Fertilizer name - Fertilizer code;
b) Name of organization or individual possessing
the fertilizer;
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d) Date of entry into force of the decision on
revocation of the Recognition Decision.
4. The competent authority issuing a Recognition
Decision has the power to issue decision on revocation of such Recognition
Decision.
Within 02 working days from the date on which the
decision is signed, it must be announced on mass media and the website of the
competent authority.
Article 9. Minimum personnel requirements for
tests conducted by fertilizer testing organizations
A fertilizer testing organization must ensure there
are adequate personnel to conduct a test, among which, there must be at least
05 official employees (public employees or workers under indefinite duration
contracts or contracts for duration of at least 12 months) besides the person
in charge of the test.
Article 10. Applications, procedures and
competence pertaining to issuance of Decision on recognition of fertilizer
testing organization
1. An application for Decision on recognition of
fertilizer testing organization (“testing organization recognition decision”)
consists of:
a) An application for recognition of the fertilizer
testing organization, which is made using Form No. 04 of Appendix I enclosed
with this Decree;
b) A description of eligibility to conduct
fertilizer tests, which is made using Form No. 05 of Appendix I enclosed with
this Decree.
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The organization or individual shall submit the application
specified in Clause 1 herein to the competent authority.
Within 20 working days from the date of receipt of
the adequate application, the competent authority shall review the application
and, if the application is satisfactory, carry out an inspection of the
fertilizer testing organization’s eligibility to conduct fertilizer tests.
If the fertilizer testing organization passes the
inspection, within 05 working days from the date on which the inspection is
completed, the competent authority shall issue the testing organization
recognition decision using Form No. 06 of Appendix I enclosed with this Decree.
If remedial actions are required according to the
inspection record, within 05 working days from the date of receipt of the
requirement for remedy, if the fertilizer testing organization satisfies the
requirements as regulated, the competent authority shall issue the testing
organization recognition decision using Form No. 06 of Appendix I enclosed with
this Decree; otherwise, the competent authority must send a written explanation
to the applicant.
Article 11. Revocation of testing organization
recognition decision
1. The testing organization recognition decision
will be revoked in any of the following cases:
a) Data forgery or provision of fictitious data in
a fertilizer testing report;
b) Erasure or modification to falsify the contents
of an issued decision;
c) Lack of remedial actions upon conclusion from
the competent authority that the testing organization fails to satisfy the
requirements specified in Clause 1 Article 40 of the Crop Production Law.
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3. A fertilizer testing organization whose testing
organization recognition decision has been revoked may apply for such decision
again 24 months after the date on which the competent authority issued the
revocation decision.
Chapter III
ISSUANCE, REISSUANCE AND REVOCATION OF CERTIFICATE OF
ELIGIBILITY FOR FERTILIZER PRODUCTION AND CERTIFICATE OF ELIGIBILITY FOR
FERTILIZER TRADE
Article 12. Specific provisions for fertilizer
production requirements
1. Point a Clause 2 Article 41 of the Crop
Production Law is specified as follows: The production area shall be separated
by walls and fences; have reinforced workshops; and walls, ceilings, dividers
and doors meeting quality control requirements.
2. Point b Clause 2 Article 41 of the Crop
Production Law is specified as follows: Production lines, machinery and
equipment for fertilizer production must be commensurate with the production of
each type or form of fertilizers as prescribed in Appendix II enclosed with
this Decree.
3. Point c Clause 2 Article 41 of the Crop
Production Law is specified as follows: They must have laboratories conforming
to ISO 17025 standards or enter into contracts with other designated testing
organizations according to regulations of laws on product and goods quality,
excluding establishments for the sole purpose of fertilizer packaging.
4. Point d Clause 2 Article 41 of the Crop
Production Law is specified as follows: They must establish a quality control
system in conformity with ISO 9001 or equivalent; for new establishments, such
system must be established no later than 1 year from the date of issuance of
the certificate of eligibility for fertilizer production.
Article 13. Competence in issuance, reissuance
and revocation of certificate of eligibility for fertilizer production and
certificate of eligibility for fertilizer trade, and inspection of eligibility
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2. Departments of Agriculture and Rural Development
have the power to inspect, issue, reissue and revoke the certificate of
eligibility for fertilizer trade, which is made using Form No. 11 of Appendix I
enclosed with this Decree.
3. The authorities issuing the certificate of
eligibility for fertilizer production and certificate of eligibility for
fertilizer trade (hereinafter referred to as “certificates of eligibility”)
must announce issuance, reissuance and revocation of such certificates on their
web portals.
Article 14. Application for certificate of
eligibility for fertilizer production
1. An application for certificate of eligibility
for fertilizer production, which is made using Form No. 07 of Appendix I
enclosed with this Decree.
2. A description of eligibility to produce
fertilizers, which is made using Form No. 09 of Appendix I enclosed with this
Decree.
3. A photocopy of the bachelor degree or higher of
the person directly managing production of fertilizers as prescribed in Point e
Clause 2 Article 41 of the Crop Production Law.
4.[2] (repealed)
Article 15. Application for certificate of
eligibility for fertilizer trade
1. An application for certificate of eligibility
for fertilizer trade, which is made using Form No. 08 of Appendix I enclosed
with this Decree.
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Article 16. Application for reissuance of certificate
of eligibility for fertilizer production and certificate of eligibility for
fertilizer trade
1. For expired certificates of eligibility for
fertilizer production. The organization or individual that would like to
continue producing fertilizers must apply for reissuance of the certificate of
eligibility for fertilizer production according to regulations of Article 14
herein 03 months before the date such certificate expires. If the contents of
the application dossier remain unchanged, the organization or individual shall
submit the application for issuance of the certificate of eligibility for
fertilizer production using Form No. 07 of Appendix I enclosed with this
Decree.
2. For lost or damaged certificates of eligibility
a) An application for reissuance of the lost or
damaged certificate, which is made using Form No. 08 of Appendix I enclosed
with this Decree;
b) The primary copy of the issued certificate (for
damaged certificates).
3. For change of information about
organizations/individuals on certificates of eligibility.
a) An application for reissuance of the lost or
damaged certificate, which is made using Form No. 08 of Appendix I enclosed
with this Decree;
b)[4] (deleted)
c) The primary copy of the issued certificate.
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a) An application for reissuance specified in
Article 14 or Article 15 herein;
b) The primary copy of the issued certificate.
5. For change of fertilizer type, fertilizer form
or production capacity on certificates of eligibility for fertilizer production
a) An application for reissuance of the certificate
of eligibility for fertilizer production, which is made using Form No. 07 of
Appendix I enclosed with this Decree;
b) A description of eligibility to produce
fertilizers, which is made using Form No. 09 of Appendix I enclosed with this
Decree;
c) The authentic copy of the issued certificate of
eligibility for fertilizer production.
Article 17. Procedures for issuance and
reissuance of certificate of eligibility for fertilizer production and
certificate of eligibility for fertilizer trade
1. Certification procedures:
a) Procedures for issuance of the certificate of
eligibility for fertilizer production: The organization or individual shall
submit the application to the competent authority defined in Clause 1 Article
13 herein.
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In case the applicant is unqualified, it must take
remedial actions and inform the competent authority of such actions in writing
for inspection of the remedied contents. If the applicant passes such inspection,
the competent authority shall issue the certificate of eligibility for
fertilizer production using Form No. 10 of Appendix I enclosed with this Decree
within 05 working days from the date of completion of the inspection. In case
of refusal to grant the Certificate of eligibility for fertilizer production, a
written reply, clearly stating reasons, must be sent to the applicant.
b) Procedures for issuance of the certificate of
eligibility for fertilizer trade: The organization or individual shall submit
the application to the competent authority defined in Clause 2 Article 13
herein.
Within 10 working days from the date of receipt of
the adequate application, the competent authority shall review its contents
and, if it is satisfactory, carry out an inspection of the applicant’s
eligibility to trade fertilizers, and make a record of the inspection using
Form No. 12 of Appendix I enclosed with this Decree.
In case the applicant is unqualified, it must take
remedial actions and inform the competent authority of such actions in writing
for inspection of the remedied contents. If the applicant passes such
inspection, within 03 working days from the date the inspection is completed,
the competent authority shall issue the certificate of eligibility for
fertilizer trade using Form No. 11 of Appendix I enclosed with this Decree. In
case of refusal to grant the Certificate of eligibility for fertilizer trade, a
written reply, clearly stating reasons, must be sent to the applicant.
2. Certificate reissuance procedures
a) Reissuance of the certificate of eligibility for
fertilizer production for the cases stated in Clauses 1, 4 and 5 Article 16
herein shall be carried out according to the procedures specified in Point a
Clause 1 of this Article.
b) Reissuance of the certificate of eligibility for
fertilizer trade for the case stated in Clause 4 Article 16 herein shall be
carried out according to the procedures specified in Point b Clause 1 of this
Article.
c) For the cases stated in Clauses 2 and 3 Article
16 of this Decree, procedures for reissuance of certificates of
eligibility:
Within 05 working days from the date of receipt of
the adequate application, the authority shall reissue certificates of
eligibility. In case of refusal, they must send a written response, clearly
stating reasons.
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Article 18. Revocation of certificate of
eligibility for fertilizer production and certificate of eligibility for
fertilizer trade
1. An establishment producing or trading
fertilizers will have its certificate of eligibility revoked if:
a) It uses false documents or provides incorrect
information, which distorts the nature of the application for the certificate
of eligibility; or
b) It erases or modifies the contents of the
certificate of eligibility for the purpose of falsification.
2. The revocation of certificates of eligibility
prescribed in Clause 1 herein shall be carried out by the competent authority
issuing them.
Within 10 working days from the date of receipt of
information on any of the violations prescribed in Clause 1 herein, the
competent authority issuing the certificate of eligibility shall review such
information and issue decision on revocation of the certificate if the establishment
producing or trading fertilizers did violate one of the regulations in Clause 1
herein; and announce such decision on the website of the competent authority.
3. An organization or individual whose certificate
of eligibility has been revoked may apply for such certificate again 24 months
after the date on which the competent authority issued the revocation decision.
Chapter IV
FERTILIZER IMPORT, STATE INSPECTION OF FERTILIZER
IMPORT, FERTILIZER SAMPLING AND FERTILIZER ADVERTISEMENT
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1. Organizations and individuals shall import
fertilizers according to regulations of Article 44 and Article 46 of the Crop
Production Law.
2. In case of import authorization as prescribed in
Clause 1 Article 44 of the Crop Production Law, the authorized organization or
individual must present the authorization letter from the organization or
individual possessing the fertilizer granted the Recognition Decision to
customs authorities and state inspection authorities.
3. In addition to the documents required by goods
import regulations, the organization or individual importing fertilizers must
submit the following documents to customs authorities directly or via the
national single-window system: Result of state inspection of imported
fertilizer’s quality for the cases specified in Clause 1 and Points b, c and g
Clause 2 Article 44 of the Crop Production Law; or fertilizer import permit for
the cases specified in Clause 2 Article 44 of the Crop Production Law.
Article 20. Applications, procedures and
competence pertaining to issuance of fertilizer import permits
1. An application for the fertilizer import permit
includes:
a) A fertilizer import application, which is made
using Form No. 13 of Appendix I enclosed with this Decree;
b) A technical declaration, which is made using
Form No. 14 of Appendix I enclosed with this Decree;
c) Documents on quality indexes, guidelines on use,
safety warnings and restricted elements of the fertilizer from the producer;
d) Certificate of free sale issued by the exporting
country (for import of the fertilizers specified in Points a, b, c, d, dd, e
and g Clause 2 Article 44 of the Crop Production Law);
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e) Research scheme for the fertilizer to be
imported (for the case provided for in Point e Clause 2 Article 44 of the Crop
Production Law);
g) Import contract, export contract or contract of
export processing with foreign partners (for the cases provided for in Point h
Clause 2 Article 44 of the Crop Production Law).
2. Procedures for and competence in issuance of
fertilizer import permits:
The organization or individual shall submit the application
specified in Clause 1 herein to the competent authority.
Within 07 working days from the date of receipt of
the complete and valid application, the competent authority shall issue the
fertilizer import permit using Form No. 15 of Appendix I enclosed therewith; if
the application is rejected, the competent authority must send a written
explanation to the applicant.
Article 21. Applications, procedures, contents
and competence regarding state inspection of imported fertilizer’s quality
1. An application for state inspection of quality
of an imported fertilizer (hereinafter referred to as "quality
inspection") includes:
a) A quality inspection application, which is made
using Form No. 16 of Appendix I enclosed with this Decree;
b) Photocopies of the following documents: Sale
contract; enclosed goods list (including registered quantity and code of each
batch); goods invoices; bill of lading (for air, marine or railway freight).
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a) The organization or individual shall submit the
application specified in Clause 1 herein to the state inspection authority
defined in Clause 4 herein;
b) The state inspection authority shall review the
application specified in Clause 1 herein within 01 working day.
If the application is satisfactory, the state
inspection authority shall leave its confirmation on the application and
proceed to take samples according to regulations of laws.
If the application is unsatisfactory, the state
inspection authority shall send a written explanation to the applicant.
c) Taking samples for quality inspection
Compare the fertilizer batch at the sampling
location with the information included in the application. If the information
matches, proceed to take samples. The samples must be sealed and a record of
sampling for the quality inspection must be drawn up using Form No. 17 of
Appendix I enclosed with this Decree.
All quality indexes and restricted elements of the
fertilizer must be tested according to regulations of the national technical regulation
on fertilizer quality. If testing of a quality index is not yet available in
domestic laboratories, the fertilizer management authority shall consider and
accept the quality testing result of the producer.
d) Announcement of inspection results
Within 10 working days from the date of sampling,
the state inspection authority shall announce the result of the quality
inspection to the organization or individual using Form No. 18 of Appendix I
enclosed with this Decree.
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3. Exemption from quality inspection
a) Exemption from quality inspection may be granted
to fertilizers having the same name, code and form as a fertilizer of the same
production establishment, origin and importer that has passed the quality
inspection three consecutive times. The weight of each import after such exemption
is granted must not exceed the total weight of the 3 imports which served as
the basis for such exemption.
b) The exemption is valid for 12 months. For a
fertilizer granted the exemption, frequency of sampling for 01 year according
to regulations of Point c Clause 2 herein is a maximum of 20% of the regular
frequency and the samples are randomly selected by the inspection authority.
c) During the validity period of the exemption, the
importer shall submit the quality inspection application specified in
regulations of Point a Clause 1 herein to the state inspection authority
defined in Clause 4 of this Article. The inspection authority shall take
samples for the quality inspection with the frequency specified in Point b
Clause 3 herein.
In case sampling is not required, within 2 days
from the date of receipt of the valid application, the state inspection
authority shall announce the result of the quality inspection to the
organization or individual using Form No. 18 of Appendix I enclosed with this
Decree.
d) Application for exemption from the quality
inspection and procedures thereof are provided for in the Government ’s Decree
No. 74/2018/ND-CP dated May 15, 2018 amending a number of Articles of the
Decree No. 132/2008/ND-CP dated December 31, 2008 detailing implementation of a
number of Articles of the Law on Product and Food Quality and the Decree No.
154/2018/ND-CP dated November 09, 2018 amending a number of regulations on
investment and business conditions in sectors under management of Ministry of
Science and Technology and certain regulations on specialized inspections.
dd) During the validity period of the exemption, if
imports being traded are found to have violated regulations of a national
technical regulation and/or the Recognition Decision, the fertilizer management
authority shall annul such exemption in writing.
4. State inspection authorities in charge of the
quality inspection include the Plant Protection Department or certification
bodies for the declaration of conformity which possess laboratories that meet
the requirements specified in the Decrees No. 74/2018/ND-CP and No.
154/2018/ND-CP and are authorized by the Plant Protection Department for each
period of time.
Article 22. Sampling and testing of fertilizers
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a) Sampling methods are provided for by national
standards for fertilizer sampling;
b) If sampling of a fertilizer is not yet regulated
by national standards for fertilizer sampling, the organization or individual
importing or exporting such fertilizer must formulate its sampling method. The
Plant Protection Department shall decide to approve such method within 20
working days.
2. Fertilizer testing
a) Testing of fertilizer quality for the purpose of
state management of import, export and trade shall be carried out by appointed
laboratories.
b) Methods for testing of quality indexes and
restricted elements in fertilizers are stipulated by national technical
regulations. If the method for such testing for a fertilizer is not yet
provided for by national technical regulations, the Plant Protection Department
shall decide to approve an experimental method and put it to use.
Article 23. Training contents and duration, and
competence in issuance of fertilizer sampling certificate
1. Training shall focus on:
a) Regulations of applicable laws on fertilizers;
b) Fertilizer sampling methods according to
national standards;
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2. Training duration: 05 days.
Based on post-training test results, competent
authorities shall issue the fertilizer sampling certificate using Form No. 19
of Appendix I enclosed with this Decree.
3. Organizations and individuals that would like to
receive training in fertilizer sampling may register in person, by post or
online with competent authorities.
4. The Plant Protection Department shall formulate
programs and compile training materials concerning fertilizer sampling; take
charge and cooperate with schools and institutes in organizing training and
issuing fertilizer sampling certificates.
Article 24. Applications, procedures and
competence regarding confirmation of fertilizer advertisement contents
1. An application for confirmation of fertilizer
advertisement contents consists of:
a) An application for confirmation of fertilizer
advertisement contents, which is made using Form No. 20 of Appendix I enclosed
with this Decree;
b) A valid copy of the Recognition Decision;
c) 02 advertisement scripts and recording/video
files or designs suitable to the type and form of advertising (excluding
advertising via seminars, conferences and events);
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2. Procedures and competence regarding confirmation
of fertilizer advertisement contents:
The organization or individual shall submit the
application specified in Clause 1 herein to a Department of Agriculture and
Rural Development;
Within 05 working days from the date of receipt of
the adequate application, the Department of Agriculture and Rural Development
shall review the application and, if the application is satisfactory, issue a
written confirmation of the advertisement contents using Form No. 21 of
Appendix I enclosed with this Decree; otherwise, a written explanation must be
sent to the applicant.
The written confirmation of advertisement contents
shall be valid nationwide.
3. For advertising via seminars, conferences and
events, the organization or individual possessing a fertilizer granted the
written confirmation of its advertisement contents must send a notice of the
advertising form, time and location and a copy of the confirmation to the
Department of Agriculture and Rural Development of the province where the
advertisement takes place for any necessary inspection.
Chapter V
RESPONSIBILITIES FOR STATE MANAGEMENT OF FERTILIZERS
Article 25. Responsibilities of the Ministry of
Agriculture and Rural Development
1. Propose legislative documents on fertilizer
management, fertilizer development strategies, planning, programs, plans and
policies; and fertilizer export and import to the Government for promulgation.
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3. Manage registration, tests, production, trade,
export, import, quality control, labeling, advertisement and use of fertilizers
in Vietnam.
4. Organize research, collect and manage
information and documents concerning fertilizer production and trade; carry out
international cooperation in the fertilizer sector.
5. Provide training and refresher courses,
disseminate legislative documents on fertilizers.
6. Organize inspection, supervision, settlement of
complaints and denunciations and handling of violations concerning fertilizers.
7. Develop a system of laboratories capable of
serving state management of fertilizers; designate referee laboratories which
provide the conclusion upon disputes or denunciations regarding fertilizer
testing results.
8. Announce list of fertilizers granted free sale
in Vietnam on the web portal of the Plant Protection Department.
9. Delegate fertilizer management power to
affiliates and localities; inspect fulfillment of fertilizer management
responsibilities of localities; assign the Plant Protection Department to
receive and handle administrative procedures within the competence of the
Ministry of Agriculture and Rural Development and implement this Decree ex
officio.
Article 26. Responsibilities of Departments of
Agriculture and Rural Development
1. Propose incentive policies for production, trade
and use of fertilizers within their provinces to provincial People’s
Committees.
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3. Take charge and cooperate with relevant bodies
in educating and providing guidelines on laws and fertilizer quality
information to producers, traders and consumers.
4. Inspect and handle administrative violations
against fertilizer regulations within their provinces as prescribed by law.
Periodically inspect eligibility for fertilizer trade within their provinces
according to regulations of this Decree. Cooperate with the Ministry of
Agriculture and Rural Development and relevant ministries and regulatory bodies
in inspecting, monitoring, and settling complaints and denunciations; handle
fertilizer production, trade and advertisement violations within their
provinces.
5. Assign provincial plant protection and
quarantine authorities to receive and handle administrative procedures within
the competence of Departments of Agriculture and Rural Development; ex officio
manage fertilizers in provinces and submit reports on performance of such task
to the Plant Protection Department annually or upon request.
Chapter VI
IMPLEMENTATION CLAUSE[5]
Article 27. Grandfather clauses
1. Results of fertilizer tests conducted according
to regulations of the Government’s Decree No. 108/2017/ND-CP dated September
20, 2017 on fertilizer management and before the effective date of the Crop
Production Law may continue to be used.
2. For licences, certificates, recognition
decisions and quality inspections whose applications have been submitted before
the effective date of this Decree but are not yet concluded, they shall be
handled according to regulations of the Decree No. 108/2017/ND-CP.
3. If the fertilizer’s type, component or name in a
Recognition Decision granted before the effective date of this Decree is
against regulations of the national technical regulation on fertilizer quality,
Appendix V enclosed with the Decree No. 108/2017/ND-CP may be used as the basis
for certification of conformity and/or declaration of conformity for such
fertilizer before the Recognition Decision expires. The competent authority
shall consider and change the fertilizer’s type, component or name in the Recognition
Decision for free sale of fertilizer in Vietnam issued before the effective
date of this Decree according to the national technical regulation on
fertilizer quality at the request of the organization or individual before the
Recognition Decision expires.
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5. Certificates of training in fertilizer sampling
issued before the effective date of this Decree are equivalent to the
fertilizer sampling certificates prescribed in this Decree.
6. Fertilizers labeled according to regulations of
the Decree No. 108/2017/ND-CP and produced, imported, traded and used before
the effective date of the Crop Production Law may continue to be traded and
used until the expiration date written on their labels. Fertilizer labels and
packaging containing fertilizer labels in compliance with regulations of the
Decree No. 108/2017/ND-CP that were produced or printed before the effective
date of the Crop Production Law may continue to be used within 02 years
starting from such effective date.
7. The fertilizer import permits issued according
to regulations of the Decree No. 108/2017/ND-CP may continue to be used until
they expire.
Article 28. Entry into force
1. This Decree is entering into force as from
January 1, 2020.
2. The Government’s Decree No. 108/2017/ND-CP dated
September 20, 2017 on fertilizer management is annulled from the date on which
this Decree comes into force.
3. This Decree annuls the legislative documents
included in Appendix III enclosed with this Decree.
Article 29. Implementation
1. The Minister of Agriculture and Rural
Development shall be responsible for providing guidance on implementation of
this Decree.
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CERTIFIED AS A
CONSOLIDATED DOCUMENT BY
PP. MINISTER
DEPUTY MINISTER
Nguyen Hoang Hiep
Appendix I [6]
(To the
Government’s Decree No. 130/2022/ND-CP dated December 31, 2022)
APPLICANT’S
NAME
-------
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
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.. . , day
..........month…..…year.......
APPLICATION FOR
ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER PRODUCTION
To Plant Protection
Department
1. Name:
..................................................................................................................
2. Address: .......................................................................................................................
3. Telephone number: ............... Fax:
..................... E-mail: ............................................
4. Fertilizer plant located at:
......................................................................................
5. Certificate of Enterprise Registration/
Certificate of Science and Technology Organization: No…………issued on
………….at…………………………………………….
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6. Documentary evidence of environmental protection
measure prescribed in law on environmental protection (specifying name, number,
time of issuance):
…………………………………………………………………………………………………..
herein requests grant of the Certificate of
eligibility for fertilizer production
Manufacturing type:
□ Fertilizer production
□ Fertilizer packaging
Method of conferral of the Certificate:
□ Initially issued
□ Re-issued (for the…time)
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Attached documents:
……………………………………………………………………………
We pledge that information included in the
application and attached documents are true and comply with laws on fertilizer.
APPLICANT
(Signature,
seal/digital signature)
Appendix II [7]
(To the
Government’s Decree No. 130/2022/ND-CP dated December 31, 2022)
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
No. …………
.. . , Date
(dd/mm/yyyy)……
APPLICATION FOR
ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER TRADE
To:.............................................[8]
1. Applicant’s name:
..........................................................................................................
Address:
............................................................................................................................
Owner/legal representative:…………………………………………
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ID card/Citizen ID card: No…….. Date of issuance:
............. Place of issuance: ..............
2. Place of storage of fertilizer (if any):
..............................................................
3. Certificate of Enterprise Registration/
Certificate of Business Household Registration/Certificate of Science and
Technology Organization: No…………issued on ………….at…………………………………………….
4. Certificate of completion of professional
fertilizer training held by the direct trader: No……….issued
on…………..at…………………………….[9]
herein requests grant of the Certificate of
eligibility for fertilizer trade
□
Issued
□ Reissued (for the…time)
Reasons for re-issuance:…………………………………………………………………………
Attached documents: ……………………………………………………………………………
We pledge to comply with laws in the fertilizer
sector and other provisions of relevant laws.
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APPLICANT
(Signature,
seal/digital signature)
[1] The Government’s
Decree No. 130/2022/ND-CP dated December 31, 2022, amending and supplementing
several Articles of the Government’s Decree No. 84/2019/ND-CP dated November
14, 2019, prescribing fertilizer management, and the Government’s Decree No.
94/2019/ND-CP dated December 13, 2019, elaborating on several Articles of the
Law on Crop Production regarding crop varieties and cultivation, has the
following legal bases:
“Pursuant to the Law on Government
Organization dated June 19, 2015; the Law on Amendments and Supplements to
certain Articles of the Law on Government Organization and the Law on Local
Government Organization dated November 22, 2019;
Pursuant to the Law on Crop Production dated
November 19, 2018;
At the request of the Minister of Agriculture and
Rural Development;
The Government promulgates the Decree No.
84/2019/ND-CP dated November 14, 2019, prescribing fertilizer management, and
the Government’s Decree No. 94/2019/ND-CP dated December 13, 2019, elaborating
on several Articles of the Law on Crop Production regarding crop varieties and
cultivation.”
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[3] This clause is
amended and supplemented according to clause 1 of Article 1 in the Government’s
Decree No. 130/2022/ND-CP dated December 31, 2022, amending and supplementing
several Articles of the Government’s Decree No. 84/2019/ND-CP dated November
14, 2019, prescribing fertilizer management, and the Government’s Decree No.
94/2019/ND-CP dated December 13, 2019, elaborating on several Articles of the
Law on Crop Production regarding crop varieties and cultivation, which is in
force as from December 31, 2022.
[4] This point is
abolished according to clause 3 of Article 1 in the Government's Decree No.
130/2022/ND-CP dated December 31, 2022, amending and supplementing several
Articles of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019,
prescribing fertilizer management, and the Government’s Decree No.
94/2019/ND-CP dated December 13, 2019, elaborating on several Articles of the
Law on Crop Production regarding crop varieties and cultivation, which is in
force as from December 31, 2022.
[5] Article 3,
Article 4 and Article 5 in the Government’s Decree No. 130/2022/ND-CP dated
December 31, 2022, amending and supplementing several Articles of the
Government's Decree No. 84/2019/ND-CP dated November 14, 2019, prescribing
fertilizer management, and the Government’s Decree No. 94/2019/ND-CP dated
December 13, 2019, elaborating on several Articles of the Law on Crop
Production regarding crop varieties and cultivation, which is in force as from
December 31, 2022, have the following regulatory provisions:
“Article 3. Entry into force
This Decree shall enter into force as from the
signature date.
Article 4. Grandfather clauses
Applications received before the effective date
of this Decree shall be subject to the Decree No. 84/2019/ND-CP and the Decree
No. 94/2019/ND-CP.
Article 5. Implementation responsibilities
Ministers, Heads of Ministry-level agencies,
Heads of Governmental bodies, Presidents of People’s Committees of provinces
and centrally-affiliated cities, other organizations and individuals involved
shall be responsible for implementing this Decree.”
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[7] This Form is
replaced according to clause 4 of Article 1 in the Government’s Decree No.
130/2022/ND-CP dated December 31, 2022, amending and supplementing several
Articles of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019,
prescribing fertilizer management, and the Government’s Decree No.
94/2019/ND-CP dated December 13, 2019, elaborating on several Articles of the
Law on Crop Production regarding crop varieties and cultivation, which is in
force as from December 31, 2022.
[8] Name of the
competent agency
[9] This may be
skipped if the application has included the copy of the secondary education
diploma or higher of the direct seller as defined in point c of clause 2 of
Article 42 in the Law on Crop Production.