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THE MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
48/2012/TT-BNNPTNT
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Hanoi,
September 26, 2012
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CIRCULAR
PRESCRIBING CERTIFICATION OF COMPLIANCE WITH GOOD
AGRICULTURAL PRACTICES ON PRODUCTION AND PROCESSING OF FISHERY, CROP AND
LIVESTOCK PRODUCTS
Pursuant to the Government's Decree No. 01/2008/ND-CP
dated January 03, 2008 defining the functions, duties, powers and
organizational structure of the Ministry of Agriculture and Rural Development;
the Government’s Decree No. 75/2009/ND-CP dated September 10, 2009 amending
Article 3 of the Decree No. 01/2008/ND-CP;
Pursuant to the Law on Food Safety dated June
17, 2010;
Upon the request of the Director of the
Agency of Crop Production;
The Ministry of Agriculture and Rural
Development hereby adopts regulations on certification of compliance with Good
Agricultural Practices on production and processing of fishery, crop and
livestock products as follows:
Chapter I
GENERAL PROVISIONS
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1. This Circular shall lay down procedures and
documentation requirements for designation and management of operations of
certification organizations, audit and certification, responsibilities of
entities, organizations and individuals for certification of compliance with
Good Agricultural Practices on production and processing of fishery, crop and
livestock products.
2. This Circular shall apply to entities or
persons whose operations relate to certification of compliance with Good
Agricultural Practices on production and processing of fishery, crop and
livestock products.
Article 2. Definitions
For the purpose of this Circular, terms used
hereunder shall be construed as follows:
1. Good Agricultural Practices (GAP) refers
to a set of criteria that an organization, a single country or a group of
member countries adopts as manuals that producers can apply to ensure food
quality and safety standards, access to product origin, environmental and human
health protection and social welfare for employees;
2. Regulatory procedures (rules) for Good
Agricultural Practices refers to GAPs that the Ministry of Agriculture and
Rural Development adopts to apply to specific products, groups of fishery, crop
and livestock products (Vietnamese Good Agricultural Practices - VietGAP).
3. Organization granting certification of
compliance with VietGAP on production and processing of fishery, crop and
livestock products (hereinafter referred to as VietGAP certification
organization) refers to a public service provider, enterprise or branch of
a foreign certification organization in Vietnam conforming to requirements
referred to in Article 5 and 6 hereof that is designated by a state regulatory
authority to provide VietGAP certification services;
4. VietGAP certification refers to audit
and verification of compliance with VietGAP on production and/or processing
(production/processing) of products that are granted by a VietGAP certification
organization;
5. Agricultural production establishment refers
to an enterprise, cooperative, cooperative union or association (multi-member
production establishment or group of production households), farm, household
(single member production establishment or production household) that
produces/processes fishery, crop and livestock products in conformity with
VietGAP;
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7. VietGAP consultancy refers to the
activity in which an agricultural production establishment is provided with
training, coaching and instructions for application of VietGAP and internal
audit.
8. Typical example of product refers to a
sample that represents a specific type or kind of product that is
produced/processed according to the same procedures, under the same conditions
and on the basis of use of the same input material.
Article 3. Fees and charges
1. Fees and charges for audit conducted prior to
designation and for inspection of a VietGAP certification organization shall be
paid under applicable laws and regulations on fees and charges.
2. VietGAP certification costs shall be paid by
an organization or individual applying for grant of such certification as
agreed upon with the VietGAP certification organization.
Article 4. Regulatory
authorities designating and inspecting operations of VietGAP certification
organizations
1. Directorate of Fisheries shall be the
regulatory authority in charge of designating and inspecting operations of
VietGAP certification organizations in the fishery sector.
2. Agency of Crop Production shall be the
regulatory authority in charge of designating and inspecting operations of
VietGAP certification organizations in the crop growing sector.
3. Agency of Crop Production shall be the
regulatory authority in charge of designating and inspecting operations of
VietGAP certification organizations in the livestock sector.
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DESIGNATION AND
MANAGEMENT OF OPERATIONS OF VIETGAP CERTIFICATION ORGANIZATION
Article 5. Eligibility
requirements for VietGAP certification organization
A public service unit providing technical services,
enterprise, or branch of any foreign certification organization operating
within Vietnam, shall be designated as an authorized VietGAP certification
organization when satisfying the following requirements:
1. It is established in accordance with laws,
and has obtained registration for its functions and scope of operations in the
product or commodity certification domain;
2. Its management system and competence in
carrying out certification activities meet either the national standard TCVN
7457:2004 or the international standard ISO/IEC Guide 65:1996 – General
requirements for bodies operating product certification system (hereinafter
referred to as TCVN 7457:2004) in respect of the sector requested in the
application for designation;
3. It always has at least 02 professional
auditors for specific sectors, and irrespective of whether they hold tenured
posts or work under permanent employment contracts, these assessors are
required to meet requirements defined in Article 6 hereof.
Article 6. Eligibility
requirements for professional auditors
1. Eligibility requirements for professional
auditors:
a) They must hold at least an undergraduate
degree in the fishery and aquaculture, fish veterinary or biology with respect
to the fishery sector; plant cultivation, plant protection, agronomy or biology
with respect to the crop growing sector; animal farming, veterinary or biology
with respect to the livestock sector;
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c) They must hold the certificate for completion
of training for provision of VietGAP audit services in the respective sectors,
issued by the designating entity;
d) Their audit competence must meet regulations
laid down in the national standard TCVN ISO 19011:2003 or the international
standard ISO 19011:2002 – Guidance on auditing quality and/or environmental
management systems;
dd) They must hold the training certificate for
TCVN ISO 9001:2008 or ISO 9001:2008 or versions of ISO 9001 - Quality
management system – Requirements in the case of audit of multi-member
production establishments, issued by the domestic or foreign entity whose
functions or duties relate to grant of such certificate (hereinafter referred
to as TCVN ISO 9001:2008).
2. The certification organization must have at
least 01 (one) professional auditor that fully meet regulations laid down in
Point a Clause 1 of this Article; if other auditor holding the undergraduate
degree in this sector wishes to apply for permission for becoming an auditor in
another sector, (s)he must additionally submit the certificate of professional
and technical training in that requested sector that is issued by a relevant
specialized higher education institution under the detailed instructions of the
designating and inspecting entity (or the designating entity).
3. Auditors that meet all requirements specified
in Clause 1, 2 of this Article shall be awarded the identity card for a VietGAP
auditor according to the form given in the Appendix I hereto attached.
Article 7. Documentation
requirements for applying for designation as an authorized VietGAP
certification organization
1. Composition of an application package
a) The certificate of registration of VietGAP
certification according to the form given in the Appendix II hereto attached;
b) The duplicate copy of the Establishment
Decision or the Certificate of Business Registration or the Investment
Certificate (a notarized copy thereof or a photocopy submitted along with the
original copy thereof for verification purposes);
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d) The sample VietGAP Certification of the certification
organization whose contents conform to instructions given in the Appendix III
hereto attached;
dd) The list of auditors compiled according to
the form given in the Appendix IV hereto attached, together with the duplicate
copy of the degree or training certificate evidencing conformity with
requirements referred to in Clause 1 and 2 Article 6 hereof;
e) The result of certification performance
achieved in the requested sector (where available).
2. The number of application packages to be
submitted shall be 01 (one) set.
Article 8. Procedures for
designation of VietGAP certification organization
1. The VietGAP certification organization
prepares all documents required by Article 7 hereof.
2. The VietGAP certification organization
submits application documents, whether directly or by post, to the designating
entity as prescribed by Article 4 hereof.
3. The designating entity receives, processes
submitted application documents, and guides the applicant to provide additional
documents (in case of submission of the application directly), or handles such
submitted application within 03 (three) working days of receipt of the
submitted application (in case of submission of the application by post).
4. Within the duration of 20 (twenty) business
days of receipt of all required documents, the designating entity establishes
the audit team and carries out audit in accordance with Article 9 hereof.
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Where it is established that requirements for
designation are not fully met, the designating entity shall send the applicant
a written notification of this in which reasons for rejection should be clearly
stated.
6. The validity duration of the decision shall
be 05 (five) years.
Article 9. Audit of the
organization applying for registration of VietGAP certification services
1. The designating entity shall establish the
audit team composed of 3-5 members, including at least 01 (one) member who is
an expert holding the certificate for training in TCVN 7457:2004 and TCVN ISO
9001:2008.
2. Auditing of the degree of conformity with
requirements for a certification organization shall be based on regulations
laid down in Article 5 and 6 hereof.
3. Procedures and methods for auditing an organization
applying for registration of its certification services that has not yet
obtained the certificate of recognition of compliance with TCVN 7457:2004 shall
be as follows:
a) The leader of the audit team commands all
members or assigns single members to carry out on-site audit of the quality
management system and competence of the certification organization in
uniformity with requirements of TCVN 7457:2004 and instructions given in the
Appendix V hereof;
b) The audit team makes an audit report
according to instructions given in the Appendix VI hereto attached, including
the conclusion stating whether or not the requesting certification organization
is qualified for designation;
c) Where the requesting certification
organization has revealed certain incompliances that may be corrected, the
audit team shall list out these ones, proposes the duration to correct them and
notifies audit results to the requesting certification organization. The
requesting certification organization shall correct such incompliances and send
a report to the designating entity (the leader of the audit team). The audit
team shall verify the report on correction of such incompliances and, where
necessary, shall carry out an on-site audit.
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Article 10. Renewed
designation of VietGAP certification organization
1. The VietGAP certification organization
wishing to apply for renewed designation must submit 01 (one) set of
application documents for re-designation (directly or by post) to the
designating entity 03 (three) months before the duration of the designation
decision expires.
2. Composition of an application package
a) The certificate of registration of VietGAP certification
according to the form given in the Appendix II hereto attached;
b) The report on VietGAP certification results
that the designated certification organization has achieved during the
designation period;
c) The quality control handbook stating any
supplementation or change of organizational or personnel structure, equipment,
procedures, instructions or forms (if any);
d) The list of auditors and codes of their
issued identity cards that are arranged into the list as stipulated by Point dd
Clause 1 Article 7 hereof with respect to those who have not held the identity
card for VietGAP auditor or those who wish to expand the scope of audit
activities compared with the scope defined on the issued card.
3. Implementation procedures
a) Processing of application for renewed
designation shall be subject to Clause 3 Article 8 hereof;
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c) Handling of the results received from the
audit team and validity of the designation decision shall be subject to Clause
5 and 6 Article 8 hereof.
Article 11. Expansion of
the scope of the VietGAP certification organization
1. The VietGAP certification organization
wishing to apply for expansion of its scope of operations must submit 01 set of
application documents for such expansion, whether directly or by post, to the
designating entity.
2. Composition of an application package
a) The certificate of registration of VietGAP
certification according to the form given in the Appendix II hereto attached;
b) The report on VietGAP certification results
in the designated scope;
c) The quality control handbook stating any
supplementation or change of organizational or personnel structure, equipment,
procedures, instructions or forms (if any);
d) The list of auditors and codes of their
issued identity cards that are arranged into the list as stipulated by Point dd
Clause 1 Article 7 hereof with respect to those who have not held the identity
card for VietGAP auditor or those who wish to expand the scope of audit
activities compared with the scope defined on the issued card.
dd) Technical documents or standards relating to
the sector requested in the application for expansion of its designated scope.
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a) Processing of application for such expansion shall
be subject to Clause 3 Article 8 hereof;
b) Based on the application for scope expansion
and inspection results, within the duration of 15 business days of receipt of
all required documents, the designating entity shall establish the audit team
and carry out audit as prescribed by Article 9 hereof;.
c) Handling of the results received from the
audit team and validity of the designation decision shall be subject to Clause
5 and 6 Article 8 hereof.
Article 12. Designation
code
1. The designated VietGAP certification
organization shall keep its own code for managerial purposes. The code is
specified in the designation decision.
2. The method for assigning a code to the
designated VietGAP certification organization shall be subject to instructions
provided in the Appendix VII hereto attached.
Article 13. Inspection of
operations of the designated VietGAP certification organization
1. The designating entity shall draw up the plan
to inspect operations of the designated VietGAP certification organization at least
twice during the validity period of the designation decision, unless otherwise
required in certain sudden situations.
2. The inspection results achieved shall be the
bases for the designating entity’s making its decision on continuation,
application of warning measure to, suspension or termination of the designation
decision.
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4. Inspection procedures and requirements:
a) The designating entity notifies the regular
inspection plan to the certification organization at least 05 (five) business
days in advance;
b) The inspection team examines compliance of
the quality management system and competence of the certification organization
in conformity with TCVN 7457:2004 and instructions given in the Appendix V
hereto attached;
c) The inspection team examines auditing,
inspection activities and certification results of at least 01 (one) production
establishment awarded the VietGAP certification. When necessary, it will
collect product samples to check food safety indicators;
d) The inspection team makes an inspection
report as guided in the Appendix VI and VIII hereto attached;
dd) The inspection team sends a report on its
inspection results to the designating entity no later than 15 (fifteen)
business days after completion of such inspection;
e) Where the inspected VietGAP certification
organization shows certain incompliances, it is required to take corrective
actions and send a report on correction results to the inspection team for its
assessment.
The inspection team shall assess the results of
such corrective actions based on the said report; where necessary, another
on-site inspection shall be carried out.
Chapter III
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Article 14. Form of audit
conducted by the designated VietGAP certification organization
1. Initial audit shall be carried out after the
production establishment has signed the VietGAP certification agreement.
2. Audit of corrective action shall be carried
out in the event that the production establishment, after being audited, has
shown that it has not satisfied requirements for eligibility for issuance,
maintenance or expansion of the scope of the VietGAP certification.
3. Re-audit shall be carried out upon the
request of the production establishment for its VietGAP certification which has
expired.
4. Supervisory audit shall be carried out after
the production establishment has obtained the VietGAP certification. The supervisory
audit may be carried out in a regular (with prior notification) or sudden
(without prior notification) manner; the frequency of supervisory inspection
shall vary depending on the certification organization's decision under certain
specific circumstances in order to ensure continued application of VietGAP in
the production establishment.
5. The sudden audit shall be performed when:
a) There is any complaint about the production
establishment’s incompliance with VietGAP;
b) There is an evidence that VietGAP-certified
products fail to meet quality standards and food safety requirements;
c) The state regulatory authority makes a
request for such sudden audit.
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The approach to auditing products in compliance
with VietGAP on production/processing: Auditing the production/processing stage
and testing typical examples; carrying out audit through assessment of the
production/processing and testing samples collected at the
production/processing establishment.
Article 16. Auditing
procedures and requirements
1. Audit the production stage according to
auditing criteria and instructions defined in VietGAP with respect to specific
types of products.
In particular, products in the fishery sector; vegetable,
fruit and tea products in the crop growing sector; dairy cows, poultry, pigs or
bees in the livestock sector, shall be audited according to audit criteria
defined in the Appendix IXA, IXB and IXC hereto attached until a new version of
VietGAP is released.
2. Collect samples of environmental
factors (soil, water or ambience), inputs, waste substances or typical examples
of products and determine analysis indicators according to VietGAP (in the
event that the production establishment is unable to provide analysis results
or provides inappropriate analysis results); the sampling and testing method
shall be subject to technical or other regulations. If there are none of
regulations on this, the sampling and testing method employed by a recognized or
designated laboratory shall be applied.
3. Audit the multi-member production
establishment:
a) Audit the internal quality management system
according to the Appendix X hereto attached;
b) Audit archived documents;
c) Audit the member representing the group of
members: The number of members representing the group of members that is
subject to audit shall be subject to the certification organization's decision
in certain specific circumstances but equal at least the square root (in case
of initial audit) or at least 2/3 of the square root (in case of re-audit) or
at least 1/2 of the square root (in case of supervisory audit) of total member
in the group.
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Article 17. VietGAP
certification
1. Validity duration of the VietGAP
certification
a) The VietGAP certification shall remain valid
for the minimum period of 02 (two) years from the issue date;
b) The VietGAP certification shall be extended
for the maximum period of 03 (three) months in the event that the production
establishment awarded such certification does not continue to apply for renewal
by the expiration date.
2. Where the production establishment has
various production locations applying for audit at the same time, the VietGAP
certification must clearly specify addresses, product names, raising/production
acreage and expected production quantity at respective locations.
3. Where there are various members in the same
production location, the VietGAP certification must include the list of members
(their addresses, product names, raising/production acreage and expected
production quantity).
4. VietGAP certification code
a) The VietGAP certification code shall be
subject to instructions given in the Appendix XI hereto attached.
b) Issuing the VietGAP certification code online
via the website in effect from January 1, 2013 shall be subject to instructions
given by the Directorate of Fisheries, Agency of Crop Production and Agency of
Livestock.
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REGULATORY AUDIT AND
HANDLING OF VIOLATION
Article 18. Regulatory
audit
1. The competent authority shall have powers to
carry out inspection of the designating entity, the production establishment
and the VietGAP certification organization in accordance with laws on
regulatory audit.
2. Where the designating entity commits any act,
the auditing entity shall consider making a decision to impose any action
against such act in accordance with laws.
3. Where the VietGAP certification organization commits
any act, the auditing entity shall send a notice of audit to the designating
entity for its review and imposition of any action against such act in
accordance with laws.
4. Where the VietGAP-certified production
establishment commits any act, the auditing entity shall send a notice of audit
to the certification organization for its review and imposition of any action
against such act in accordance with laws.
Article 19. Resolution of
violation committed by the production establishment
Based on the inspection and audit results, the
certification organization shall issue a decision to impose relevant actions on
VietGAP-certified producers in the following forms:
1. A written warning which is sent to the
violating production establishment when it is established that that production
establishment has certain incompliances as required by VietGAP. Upon receipt of
such warning, the violating production establishment must agree with the
certification organization on the duration of correction of such incompliances
and take corrective actions in a timely manner. After completion of correction
of these incompliances, the production establishment must send a written report
to the certification organization.
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3. The VietGAP certification shall be terminated
when:
a) The violating production establishment does
not take action to correct incompliances on a timely manner after being subject
to the suspension of the VietGAP certification;
b) The production establishment requests
postponement of inspection by the certification organization in 02 (two)
successive times without giving any good and sufficient reason;
c) The production establishment does not use the
VietGAP logo, logo or mark of the certification organization in accordance with
regulations imposed by the competent authority or requirements of the written
authorization issued by the certification organization;
d) Within the period when corrective actions are
taken from the date of entry into force of the decision on termination of the
VietGAP certification, the production establishment shall not be allowed to
obtain the VietGAP certification. After completion of these corrective actions,
the production establishment shall be required to re-apply for the certificate
if it wishes to obtain such certificate.
4. Where violations committed by the production
establishment have been detected and subject to penalties requested by the
regulatory audit entity, the certification organization must inform the
regulatory audit entity promptly after the date on which the decision to impose
actions is signed.
Article 20. Handling of
violation committed by the VietGAP certification organization
Based on the inspection and audit results, the
designating entity shall issue a decision to impose relevant actions against
violations on VietGAP certification organization in the following forms:
1. Warning in the event that the designated
certification organization has shown incompliances that has not yet had any
impact on the certification result;
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a) Corrective actions defined in inspection
reports have not been taken in a sufficient manner;
b) The certification organization fails to
perform the reporting regime in accordance with Article 22 hereof;
c) Within the period when corrective actions are
taken from the date of entry into force of the decision on suspension of the
designation decision, the certification organization shall not be allowed to
carry out VietGAP certification activities. After completion of corrective
actions, the certification organization must send a report on correction
results to the designating entity. Based on that report, the designating entity
shall issue a decision to allow the certification organization to continue its
certification activities; where necessary, the designating entity may carry out
another on-site inspection at the certification organization.
3. The designation decision shall be cancelled
if:
a) The certification organization fails to meet
requirements referred to in Article 5 and 6 hereof;
b) The certification organization is not honest
or unbiased during the process of inspection and certification.
c) Within the duration of at least 01 (one) year
from the date on which the designation decision is terminated, the
certification organization shall not be allowed to apply for the license to
carry out VietGAP certification activities. If the certification organization
wishes to resume its activities after such duration, it must follow
requirements concerning application for and audit of re-designation in
accordance with Article 10 hereof and make a commitment that violation of such
kind will not recur. Where the certification organization lets violations
recur, it shall be subject to lifetime prohibition.
4. Where violations committed by the
certification organization have been detected and subject to penalties
requested by the regulatory audit entity, the designating entity must inform
the regulatory audit entity promptly after the date on which the decision to impose
actions is signed.
Chapter V
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Article 21. Rights and
responsibilities of the VietGAP-certified production establishment
1. Responsibilities:
a) Ensure and maintain production/processing conditions;
carry out the internal audit in conformity with VietGAP requirements;
b) Implement VietGAP within the certified scope.
Whenever there is any change in implementation of VietGAP, it must promptly
inform the certification organization for its examination and supervision;
c) Take corrective actions against incompliances
on time when receiving the decision on warning or suspension or termination of
the VietGAP certification;
d) Make full payments to the certification
organization for its VietGAP certification services in accordance with Article
3 hereof;
dd) Display authentic information about
VietGAP-certified products on their labels and take responsibility concerning
compliance of products with VietGAP.
e) When finding that any product lot does not
conform to food safety requirements, it must temporarily cease distribution of
this product lot, recall products if they have been sold in the market, carry
out investigation to identify causes of failure to conform to food safety
requirements and take corrective actions as well as keep a record of such
actions in its files. Where it is impossible to mitigate risks of failure to
comply with food safety requirements, it must inform the Department of
Agriculture and Rural Development at the local jurisdiction where it is
operating and the certification organization to seek any proper action.
2. Rights:
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b) File a petition against the certification,
audit, inspection and assessment result in accordance with laws;
c) Use the VietGAP certification code, VietGAP
logo in accordance with regulations imposed by the competent authority, or logo
or mark of the certification organization under the arrangement with the
certification organization;
d) Select the designated VietGAP certification
organization and laboratory. Where there is any change to the certification
organization, the production establishment must provide necessary information
and declare the previous VietGAP certification code to the new certification
organization;
dd) The certification that its products that are
produced/processed in compliance with VietGAP is the basis on which the
production establishment submits its declaration of conformity with safety
requirements for its products to the Department of Agriculture and Rural
Development in accordance with laws.
e) Select and hire organizations or individuals
providing consultancy services during the process of preparation, registration
and assessment of VietGAP certification.
Article 22. Rights and
responsibilities of the VietGAP certification organization
1. Responsibilities:
a) Carry out VietGAP auditing and certification
activities in accordance with this Circular; auditors are required to wear
VietGAP auditor’s identity cards while on duty;
b) Pursuant to regulations laid down in this
Circular and requirements of TCVN 7457:2004, the certification organization
shall set up detailed guidance on application dossiers; process and schedule of
audit, issuance, re-issuance, renewal, inspection, warning, suspension,
termination of the VietGAP certification; funds for issuance of the VietGAP
certification to specific products, and notify entities, organizations or
individuals concerned through the website or other means of mass media;
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d) Protect confidentiality of information, data
and results of auditing of conformity during the process of auditing and
certification, unless otherwise required by competent authorities;
dd) Do not perform VietGAP consultancy services
for the production establishment that has signed the VietGAP certification
agreement;
e) Bear legal liability for VietGAP
certification results;
g) Report to the designating entity and the
Department of Agriculture and Rural Development of the local jurisdiction where
VietGAP certification activities are carried out promptly after issuance,
re-issuance, renewal, warning, suspension or termination of the VietGAP certification
held by the production establishment in order to provide information to
customers on time;
h) Report to the designating entity on any
change to legal status, organizational and management structure, policies and
procedures, address or telephone number within the duration of 15 (fifteen)
days from the date of change.
In case of supplementation or expansion of the
scope of operations of auditors, it must send the list of auditors and their
degrees or certificates in accordance with Point dd Clause 1 Article 7 hereof
to the designating entity; shall only be allowed to issue the VietGAP auditor's
identity card upon receipt of consent in writing from the designating entity.
i) Release the result of issuance, re-issuance,
renewal, inspection, warning, suspension and termination of the VietGAP
certification;
k) Issue the VietGAP code online through the
website in accordance with this Circular.
2. Rights:
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b) Issue, re-issue, renew, impose warning on,
suspend or terminate the VietGAP certification in accordance with this
Circular;
c) Supervise implementation of the good
agricultural production practices of the VietGAP-certified production
establishment within the certified scope.
d) Receive certification payments in accordance
with the agreement with the production establishment that wishes to obtain the
certificate of compliance of products with VietGAP.
Article 23. Powers and
responsibilities of the designating entity
1. Responsibilities:
a) Receive application documents, assess,
designate and re-designate, expand the scope of designation, supervise, inspect
the certification organization, VietGAP auditors in accordance with this
Circular;
d) Ensure a fair and unbiased view in auditing
and designation activities;
c) Protect confidentiality of information and
data during the process of inspection, assessment and supervision of the
certification organization;
d) Notify Departments of Agriculture and Rural
Development and release on the website or means of mass media the list of
VietGAP certification organizations which are designated, subject to warning
actions, suspension or termination of the designation decision and the list of
production establishments eligible for issuing, re-issuing, renewing, subject
to warning actions, suspension or termination of the VietGAP certification
across the nation;
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e) Resolve any complaint relating to the VietGAP
certification in accordance with laws.
2. Powers:
a) Issue, maintain and impose warning or
termination of the decision on designation of the certification organization in
accordance with laws;
b) Request the VietGAP certification
organization to impose any action for violations committed by the production
establishment.
c) Inspect the production establishment
obtaining the VietGAP certification and supervise VietGAP auditing and
certification activities carried out by the certification organization.
Article 24. Powers and
responsibilities of the Department of Agriculture and Rural Development
1. Responsibilities:
a) Inspect and audit the production
establishment obtaining the VietGAP certification and GAP auditing and
certification activities carried out by the designated certification
organization within its local jurisdiction;
b) Resolve any complaint relating to the VietGAP
certification within its local jurisdiction in accordance with laws;
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d) Provide VietGAP training for agricultural
production/processing organizations or individuals within its local
jurisdiction.
2. Powers:
a) Handle violations and notify the handling
results to the designating entity or request the designating entity to impose
actions against violations committed by the VietGAP certification organization
in accordance with laws;
b) Handle violations and notify the handling
result to the VietGAP certification organization or request the VietGAP
certification organization to impose any action for violations committed by the
production establishment.
Chapter VI
IMPLEMENTATION
Article 25. Transitional
provisions
1. VietGAP certification organization that is
designated under the Decision No. 84/2008/QD-BNN dated July 28, 2008; the
Decision No. 121/2008/QD-BNN dated December 17, 2008 of the Ministry of
Agriculture and Rural Development:
a) continue its VietGAP certification activities
within the scope and duration designated under the decision of the Agency of
Crop Production, Agency of Livestock or the Department of Agriculture and Rural
Development;
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2. Based on the designation dossiers,
self-assessment report of the certification organization, the Agency of Crop
Production and the Agency of Livestock shall undertake or cooperate with the
Department of Agriculture and Rural Development in audit of the application
documentation or on-site audit at the production establishment to make a
decision on re-designation or expansion of the scope of designation (if
required) in accordance with this Circular by June 30, 2013 at the latest.
Article 26. Implementary
provision
1. This Circular shall enter into force from
November 10, 2012 and replace:
a) The Decision No. 56/2008/QD-BNN dated April
29, 2008 of the Ministry of Agriculture and Rural Development issuing
regulations on inspection and certification of fishery and aquaculture with a
view to promoting sustainability;
b) Article 3 of the Circular No.
24/2011/TT-BNNPTNT dated April 6, 2011 of the Ministry of Agriculture and Rural
Development on “amending, supplementing and repealing certain regulations on
administrative formalities in the fishery sector” in accordance with the
Resolution No. 57/NQ-CP dated December 15, 2010;
c) The Decision No.84/2008/QD-BNN dated July 28,
2008 of the Ministry of Agriculture and Rural Development issuing regulations
on certification of the good agricultural practices (VietGAP) for safe
vegetable, fruits and tea products;
d) Article 1 of the Circular No.
17/2011/TT-BNNPTNT dated April 6, 2011 of the Ministry of Agriculture and Rural
Development on amending, supplementing and repealing certain regulations on
administrative formalities in the crop growing sector in accordance with the
Resolution No. 57/NQ-CP dated December 15, 2010;
dd) The Decision No.121/2008/QD-BNN dated
December 17, 2008 of the Minister of Agriculture and Rural Development issuing
“Regulations on certification of the production establishment’s compliance with
the good animal husbandry practices (VietGAHP) for dairy cows, swine, poultry
and bees”;
e) The Circular No. 08/2010/TT-BNNPTNT dated
February 11, 2010 of the Ministry of Agriculture and Rural Development
providing regulations on requirements for the VietGAHP certification
organization in the dairy cow, swine, poultry and bee farming sector;
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2. In the course of implementation of this
Circular, if there is any difficulty that may arise, organizations or
individuals concerned should send their feedbacks to the Ministry of
Agriculture and Rural Development (the designating entity) for any timely
solution./.
PP. THE
MINISTER
THE DEPUTY MINISTER
Bui Ba Bong