Decision 4756/QD-BNN-BVTV in 2019 announcing alternative administrative procedures; the field of plant protection under the management function of the Ministry of Agriculture and Rural Development has been abolished

DECISION

ANNOUNCEMENT OF REPLACING ADMINISTRATIVE PROCEDURES; REPEALED ADMINISTRATIVE PROCEDURES RELATED TO PLANT PROTECTION UNDER MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 15/2Q17/ND-CP dated February 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 08, 2010 on control of administrative procedures; Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to Decrees related to control of administrative procedures; Decree No. 92/2017/ND-CP dated August 08, 2017 on amendments to Decrees related to control of administrative procedures;

At the request of the Director of the Plant Protection Department,

HEREBY DECIDES:

Article 1. Replacing administrative procedures; repealed administrative procedures related to plant protection under management of the Ministry of Agriculture and Rural Development are announced together with this Decision (a list is enclosed herewith).

Administrative procedures announced together with this Decision are specified in the Government's Decree No. 84/2019/ND-CP dated November 14, 2019 on fertilizer management.

Article 2. This Decision comes into force from January 01, 2020.

03 administrative procedures and 11 administrative procedures set forth in the Decision No. 4441/QD-BNN-BVTV dated October 31, 2017 of the Minister of Agriculture and Rural Development are replaced and repealed respectively; the replacing administrative procedures are under the management of the Ministry of Agriculture and Rural Development (as specified in the List of administrative procedures enclosed herewith).

Article 3. The Chief of the Ministry Office, the Director of the Department of Legal Affairs, the Director of the Plant Protection Department, agencies, heads of General Departments, Departments and units concerned are responsible for the implementation of this Decision./.

APPENDIX

OF REPLACING ADMINISTRATIVE PROCEDURES; REPEALED ADMINISTRATIVE PROCEDURES RELATED TO PLANT PROTECTION UNDER MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
(Enclosed with the Decision No.4756/QD-BNN-BVTV dated December 12, 2019 of the Ministry of Agriculture and Rural Development;

PART I.

LIST OF ADMINISTRATIVE PROCEDURES

1. List of replacing administrative procedures under the management of the Ministry of Agriculture and Rural Development

2. List of repealed administrative procedures under the management of the Ministry of Agriculture and Rural Development

PART II.

SPECIFIC CONTENTS OF EACH ADMINISTRATIVE PROCEDURE UNDER THE MANAGEMENT OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

A. Administrative procedures of central authorities

I. Issuance of the decision to recognize circulation of fertilizers

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Appraise the application and recognize circulation of fertilizers in Vietnam:

Within 03 months from the receipt of the adequate application, the Plant Protection Department shall appraise it, if the application is satisfactory, issue the decision to recognize circulation of fertilizers in Vietnam according to the Form No. 03 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; if the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 01 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) General information about the fertilizer, which is certified by the producer, including: type of fertilizer; name of fertilizer; form of fertilizer; Instructions for use; methods of use; shelf life; safety warnings; fertilizer quality and contents of restricted elements in the fertilizer enclosed with a testing results form;

c) An authentic copy of the fertilizer testing report in accordance with the national standard for fertilizer testing (except for fertilizers specified in Clause 2 Article 39 of the Law on Crop Production);

d) A certificate of free sale issued by the exporting country, including certificate that is specialized or contains sufficient contents of a certificate of free sale and other certificates containing equivalent contents (for imported fertilizers specified in Points a, b and c Clause 2 Article 39 of the Law on Crop Production).

4. Time limit for processing the application:

Within 03 months (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant)

5. Entity carrying out the administrative procedure: The organization or individual

6. Agency carrying out the administrative procedures: The Plant Protection Department

7. Result of implementation of the administrative procedures:

The decision to recognize circulation of fertilizers in Vietnam

The decision shall be valid for 05 years. 03 months before the expiry date of the decision, the organization or individual that wishes to extend it shall apply for extension as prescribed in Article 7 of the Decree No. 84/2019/ND-CP.

8. Fee: Free of charge

9. Name of form:

Form No. 01: Application form for issuance of decision to recognize circulation of fertilizers in Vietnam enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

10.1. Requirements for recognizing circulation of fertilizers

a) Fertilizers are goods subject to certain conditions and shall be issued with a decision to recognize circulation of fertilizers in Vietnam, except for organic fertilizers produced for non-commercial purposes, fertilizers imported as prescribed in Clause 2 Article 44 of the Law on Crop Production; fertilizers produced for import under contracts with foreign organizations and individuals.

b) Domestic or foreign organizations and individuals whose representative offices or branches operate in the field of fertilizers in Vietnam are entitled to apply for recognition of circulation of fertilizers.

c) Each organization or individual is entitled to apply for recognition of a fertilizer name for each registered composition and content of nutrients.

10.2. Conditions for issuance of decision to recognize circulation of fertilizers in Vietnam:

a) Quality criteria specified in the national technical regulation on quality of fertilizers shall be met;

b) The testing result shows that fertilizers reach the national standard, except for the fertilizers specified in Clause 2 Article 39 of the Law on Crop Production.

11. Legal bases of the administrative procedures

- Articles 36 and 37 of the Law on Crop Production 2018;

- Article 36 of the Law on Foreign Trade Management 2017;

- Articles 4, 5 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 01

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE/EXTENSION OF DECISION TO RECOGNIZE CIRCULATION OF FERTILIZERS IN VIETNAM

To: The Plant Protection Department

Name of the applicant: .....................................................................................

Address: .......................................................................................................................

Enterprise ID number/ID Card number/Citizen ID Card number: ...................................

Telephone: ...................................... Fax: ……………..E-mail: ………………………………

HEREBY APPLY FOR

□ Issuance

□ Domestically researched or produced fertilizers;

□ Fertilizers imported to Vietnam for the first time;

□ Fertilizers for which change of their quality criteria (except for humidity, mass density or relative density, pHH2O, C/N ratio, grain size) or method of use or plant specified in the Instructions for use has been applied.

□ Re-issuance

□ Change or addition of information about the applicant whose fertilizers have been issued with the decision to recognize circulation; lost or damaged decision to recognize circulation of fertilizers in Vietnam;

□ Transfer of names of fertilizers;

□ Change of names of fertilizers that have been issued with the decision to recognize circulation.

□ Extension

Enclosed documents:

1. A list of fertilizers covered by the Decision to recognize circulation of fertilizers in Vietnam that needs issuing/reissuing/extension

2. A report on production, export, import and use of fertilizers (in the case of extension).

3. A decision to recognize fertilizers as technical advances in accordance with regulations of the Law on Technology Transfer (No. .... date of issue ...issuing authority, in the case specified in Point d Clause 2 Article 39 of the Law on Crop Production).

4. ...............................................................................................................................

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

_______________

 (1) Applicable in the case of re-issuance and extension.

 (2) Not applicable in the case of re-issuance and extension without any change to the Instructions for use.

 (3), (4) Not applicable in the case of re-issuance and extension.

 (5) Only applicable in the case of extension.

II. Re-issuance of the decision to recognize circulation of fertilizers in Vietnam

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application for re-issuance of the decision to recognize circulation of fertilizers in Vietnam to the Plant Protection Department in the following cases:

a) Information about the organization or individual mentioned in the decision to recognize circulation of fertilizers in Vietnam is changed or added;

b) The decision to recognize circulation of fertilizers in Vietnam is lost or damaged;

c) Name of a fertilizer is changed at the request of a competent authority or according to the Court judgment or decision in the case of violations against the law on intellectual property.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Appraise the application and re-issue the decision to recognize circulation of fertilizers in Vietnam:

Within 07 working days from the receipt of the adequate application, the Plant Protection Department shall appraise it, if the application is satisfactory, issue the decision to recognize circulation of fertilizers in Vietnam according to the Form No. 03 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; if the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 01 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A document on trademark infringement issued by the intellectual property authority or the court (in the case of change of fertilizer’s name);

c) A new enterprise registration certificate or Investment certificate (in the case of change or addition of the applicant’s information);

d) An original or true certified copy of the fertilizer transfer agreement or contract (in the case transfer of the fertilizer in the Recognition Decision).

4. Time limit for processing the application:

Within 07 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures: The organization or individual

6. Agency carrying out the administrative procedures: The Plant Protection Department.

7. Result of implementation of the administrative procedures:

The decision to recognize circulation of fertilizers in Vietnam

The expiry date of the re-issued decision is the same as that of the issued decision.

8. Fee: Free of charge

9. Name of form:

- Form No. 01: Application form for re-issuance of decision to recognize circulation of fertilizers in Vietnam enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

Requirements for recognizing circulation of fertilizers

a) Fertilizers are goods subject to certain conditions and shall be issued with a decision to recognize circulation of fertilizers in Vietnam, except for organic fertilizers produced for non-commercial purposes, fertilizers imported as prescribed in Clause 2 Article 44 of the Law on Crop Production; fertilizers produced for import under contracts with foreign organizations and individuals.

b) Domestic or foreign organizations and individuals whose representative offices or branches operate in the field of fertilizers in Vietnam are entitled to apply for recognition of circulation of fertilizers.

c) Each organization or individual is entitled to apply for recognition of a fertilizer name for each registered composition and content of nutrients.

11. Legal bases of the administrative procedures:

- Articles 36 and 37 of the Law on Crop Production 2018

- Articles 4, 6 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 01

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE/EXTENSION OF DECISION TO RECOGNIZE CIRCULATION OF FERTILIZERS IN VIETNAM

To: The Plant Protection Department

Name of the applicant: .....................................................................................

Address: .......................................................................................................................

Enterprise ID number/ID Card number/Citizen ID Card number: ...................................

Telephone: ...................................... Fax: ……………..E-mail: ………………………………

HEREBY APPLY FOR

□ Issuance

□ Domestically researched or produced fertilizers;

□ Fertilizers imported to Vietnam for the first time;

□ Fertilizers for which change of their quality criteria (except for humidity, mass density or relative density, pHH2O, C/N ratio, grain size) or method of use or plant specified in the Instructions for use has been applied.

□ Re-issuance

□ Changes or addition of information about the applicant whose fertilizers have been issued with the decision to recognize circulation; lost or damaged decision to recognize circulation of fertilizers in Vietnam;

□ Transfer of names of fertilizers;

□ Change of names of fertilizers that have been issued with the decision to recognize circulation.

□ Extension

Enclosed documents:

1. A list of fertilizers covered by the Decision to recognize circulation of fertilizers in Vietnam that needs issuing/reissuing/extension

2. A report on production, export, import and use of fertilizers (in the case of extension).

3. A decision to recognize fertilizers as technical advances in accordance with regulations of the Law on Technology Transfer (No. .... date of issue .... issuing authority, in the case specified in Point d Clause 2 Article 39 of the Law on Crop Production).

4. ...............................................................................................................................

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

______________

 (1) Applicable in the case of re-issuance and extension.

 (2) Not applicable in the case of re-issuance and extension without any change to the Instructions for use.

 (3), (4) Not applicable in the case of re-issuance and extension.

 (5) Only applicable in the case of extension. 

III. Extension of the decision to recognize circulation of fertilizers in Vietnam

Field: Plant protection

1. Sequence:

- Step 1: The organization or individual shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Appraise the application and extend the decision to recognize circulation of fertilizers in Vietnam:

Within 07 working days from the receipt of the adequate application, the Plant Protection Department shall appraise it, if the application is satisfactory, issue the decision to recognize circulation of fertilizers in Vietnam according to the Form No. 03 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; if the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 01 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A notice of receipt of documents for registration of declaration of conformity or Notice of result of state inspection of imported fertilizer quality;

c) A report on production, export, import and use of fertilizers, which is prepared using the Form No. 02 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

4. Time limit for processing the application:

Within 07 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures: The organization or individual

6. Agency carrying out the administrative procedures: The Plant Protection Department.

7. Result of implementation of the administrative procedures:

The decision to recognize circulation of fertilizers in Vietnam

The decision shall be valid for 05 years.

8. Fee: Free of charge

9. Name of form:

- Form No. 01: Application form for extension of decision to recognize circulation of fertilizers in Vietnam enclosed with the Decree No. 84/2019/ND-CP.

- Form No. 02: Report on production, export, import and use of fertilizers enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures: Not required

10.1. Requirements for recognizing circulation of fertilizers

a) Fertilizers are goods subject to certain conditions and shall be issued with a decision to recognize circulation of fertilizers in Vietnam, except for organic fertilizers produced for non-commercial purposes, fertilizers imported as prescribed in Clause 2 Article 44 of the Law on Crop Production; fertilizers produced for import under contracts with foreign organizations and individuals.

b) Domestic or foreign organizations and individuals whose representative offices or branches operate in the field of fertilizers in Vietnam are entitled to apply for recognition of circulation of fertilizers.

c) Each organization or individual is entitled to apply for recognition of a fertilizer name for each registered composition and content of nutrients.

10.2. A decision to recognize circulation of fertilizers in Vietnam shall be extended if:

a) the extension is requested by the organization or individual;

b) Quality criteria specified in the national technical regulation on quality of fertilizers are met;

c) The production, export, import and use of fertilizers are reported as prescribed.

11. Legal bases of the administrative procedures:

- Articles 36 and 37 of the Law on Crop Production 2018;

- Articles 4, 7 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 01

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE/EXTENSION OF DECISION TO RECOGNIZE CIRCULATION OF FERTILIZERS IN VIETNAM

To: The Plant Protection Department

Name of the applicant: .....................................................................................

Address: .......................................................................................................................

Enterprise ID number/ID Card number/Citizen ID Card number: ...................................

Telephone: ...................................... Fax: ……………..E-mail: ………………………………

HEREBY APPLY FOR

□ Issuance

□ Domestically researched or produced fertilizers;

□ Fertilizers imported to Vietnam for the first time;

□ Fertilizers for which change of their quality criteria (except for humidity, mass density or relative density, pHH2O, C/N ratio, grain size) or method of use or plant specified in the Instructions for use has been applied.

□ Re-issuance

□ Change or addition of information about the applicant whose fertilizers have been issued with the decision to recognize circulation; lost or damaged decision to recognize circulation of fertilizers in Vietnam;

□ Transfer of names of fertilizers;

□ Change of names of fertilizers that have been issued with the decision to recognize circulation.

□ Extension

Enclosed documents:

1. A list of fertilizers covered by the Decision to recognize circulation of fertilizers in Vietnam that needs issuing/reissuing/extension

2. A report on production, export, import and use of fertilizers (in the case of extension).

3. A decision to recognize fertilizers as technical advances in accordance with regulations of the Law on Technology Transfer (No. .... date of issue .... issuing authority, in the case specified in Point d Clause 2 Article 39 of the Law on Crop Production).

4. ...............................................................................................................................

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

_____________

 (1) Applicable in the case of re-issuance and extension.

 (2) Not applicable in the case of re-issuance and extension without any change to the Instructions for use.

 (3), (4) Not applicable in the case of re-issuance and extension.

 (5) Only applicable in the case of extension.

Form No. 02

REPORT ON PRODUCTION, EXPORT, IMPORT AND USE OF FERTILIZERS

To: The Plant Protection Department

1. Information about the organization/individual

Name of the organization/individual ..................................................................................................

Address: .......................................................................................................................

Enterprise ID number/ID Card number/Citizen ID Card number: ...................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

2. Production, export and import of fertilizers during their circulation

3. Use of fertilizers during their circulation

3.1. Current status of use

3.2. Assessment of effectiveness in change of dose and period of use

4. Suggestions (if available)

4.1. Suggestions about change of dose and period of use; quality criteria regarding humidity, mass density or relative density, pHH2O, C/N ratio, grain size; restricted elements regarding biuret, cadmium and free acid, and reasons for change.

4.2. Other suggestions.

4.3. Enclosed documents as the bases and explanation for the suggestions mentioned in 4.1 and 4.2.

IV. Issuance of fertilizer testing organization recognition decisions

Field: Plant protection

1. Sequence:

- Step 1: The organization or individual shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Appraise the application and issue the fertilizer testing organization recognition decision

Within 20 working days from the receipt of the application, the Plant Protection Department shall appraise it, if the application is satisfactory, carry out a site inspection of the fertilizer testing organization’s eligibility to conduct fertilizer tests.

If the application is unsatisfactory, the Plant Protection Department shall return it and request the applicant in writing to complete it.

If the site inspection result is satisfactory, within 05 working days from the end of the inspection, the Plant Protection Department shall issue the fertilizer testing organization recognition decision using the Form No. 06 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

If remedial actions are required to be taken according to the inspection record, within 05 working days from the receipt of the remedial action report, if the fertilizer testing organization satisfies the requirements as regulated, the Plant Protection Department shall issue the testing organization recognition decision using Form No. 06 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; otherwise, the Plant Protection Department must send a written explanation to the applicant.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 04 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A description of eligibility to conduct fertilizer tests, which is made using Form No. 05 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

4. Time limit for processing the application:

Within 25 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures:

The fertilizer testing organization.

6. Agency carrying out the administrative procedures: The Plant Protection Department.

7. Result of implementation of the administrative procedures:

The fertilizer testing organization recognition decision.

8. Fee: Free of charge

9. Name of form:

- Form No. 04: Application form for recognition of fertilizer testing organization enclosed with the Decree No. 84/2019/ND-CP;

- Form No. 05: Description of eligibility to conduct fertilizer tests, which is made using Form No. 05 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

The fertilizer testing organization shall satisfy the following conditions:

a) The person directly responsible for testing shall obtain at least a bachelor's degree in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology and attend a training course on fertilizer testing under the guidance of the Ministry of Agriculture and Rural Development;

b) There are adequate personnel to conduct tests, excluding the person directly responsible for testing. Such personnel shall obtain at least a bachelor's degree in one of the disciplines specified in Point a Clause 1 Article 40 and attend a training course on fertilizer testing under the guidance of the Ministry of Agriculture and Rural Development;

The fertilizer testing organization shall ensure adequate number of personnel to conduct a test, among which there shall be at least 05 official employees (public employees or employees working under indefinite-term employment contracts or fixed-term employment contracts with a duration of at least 12 months) in addition to the person directly responsible for testing.

c) The fertilizer testing organization shall have adequate infrastructure and equipment that meet the national standard for fertilizer testing.

11. Legal bases of the administrative procedures:

- Articles 40 of the Law on Crop Production 2018;

- Articles 4, 9, 10 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 04

APPLICATION FORM FOR RECOGNTION OF FERTILIZER TESTING ORGANIZATION

To: The Plant Protection Department

1. Name of the applicant: ...............................................................................

2. Address:....................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

3. Full name and telephone of the contact person: ................................................................

4. Establishment decision (if available)/Enterprise registration certificate/Decision on functions, tasks and rights No. ………/…….

Issuing authority: ........................................... date of issue ………………………. place of issue …………….

5. Enclosed documents:

...................................................................................................................................

...................................................................................................................................

kindly request ……………..(1) to consider recognizing ……………(2) as a fertilizer testing organization.

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

_______________

1) Name of the competent authority.

2) Name of the applicant.

Form No. 05

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

 (Place name), date (dd/mm/yyyy) ….

DESCRIPTION OF ELIGIBILITY TO CONDUCT FERTILIZER TESTS

To:……………………………………..

1. Name of the organization: ............................................................................................................

Address: .......................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

2. Personnel (person directly responsible for testing, persons directly conducting tests)

3. Infrastructure specified in the national standard for testing

a) Place of testing

Note: (Name of the organization) shall enclose documents evidencing the contents provided herein.

b) Areas where samples are handled and stored:

c) Name and quantity of equipment and software for processing testing data and results:

d) Equipment of the testing laboratory (if any): ..........................................................

dd) Testing equipment:

e) Other equipment specified in the National standard for fertilizer testing.

4. Results of fertilizer testing activities (if any): Tests and researches conducted by the organization applying for fertilizer testing.

5. Commitments made by the organization applying for fertilizer testing:

- To comply with regulations on recognition of testing organizations.

- To comply with requests of the competent authority upon recognition of testing organizations.

- To declare that the information provided herein is correct, take legal responsibility for such information and enclose evidencing documents.

V. Issuance of the certificate of eligibility for fertilizer production

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: The Plant Protection Department shall carry out a site inspection at the fertilizer producing establishment and make an inspection record.

Within 20 working days from the receipt of the adequate application, the Plant Protection Department shall appraise it, if the application is satisfactory, carry out a site inspection of fulfillment of conditions for fertilizer production and obligations by the fertilizer producer as prescribed in Point i Clause 2 Article 50 of the Law on Crop Production and make an inspection record using the Form No. 12 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

If the application is unsatisfactory, the Plant Protection Department shall return it and request the applicant in writing to complete it.

If the fertilizer producer fails to satisfy the conditions, the producer has to take remedial actions. After taking remedial actions, send a written notification to the Plant Protection Department for inspection. If the inspection result is satisfactory, within 05 working days from the end of the inspection, the competent authority shall issue the certificate of eligibility for fertilizer production using the Form No. 10 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP. If the application is rejected, respond the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

b) A description of eligibility to produce fertilizers, which is made using Form No. 09 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

c) A photocopy of the bachelor’s degree or higher degree of the person directly managing production of fertilizers as prescribed in Point e Clause 2 Article 41 of the Law on Crop Production.

d) A true certified copy of the decision on approval of environmental impact assessment report or decision on approval of detailed environmental protection scheme or confirmation of registration of environmental protection plan or commitment to environmental protection according to regulations of law on environment.

4. Time limit for processing the application:

Within 25 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures:

The fertilizer producer.

6. Agency carrying out the administrative procedures: The Plant Protection Department

7. Result of implementation of the administrative procedures:

The certificate of eligibility for fertilizer production

The certificate shall be valid for 05 years.

8. Fee:

VND 6,000,000; for establishments only packaging fertilizers: VND 3,000,000.

9. Name of form:

- Form No. 07: Application form for certificate of eligibility for fertilizer production enclosed with the Decree No. 84/2019/ND-CP;

- Form No. 09: Description of eligibility to produce fertilizers enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

A fertilizer producer will be issued with the certificate of eligibility for fertilizer production if the following conditions are met:

a) The fertilizer producer must have a production location and factory commensurate with the fertilizer production scale: the production area must be separated by walls and fences; have a reinforced factory; and walls, ceilings, dividers and doors meeting quality control requirements.

b) The fertilizer producer must have production lines, machinery and equipment commensurate with the process of producing each type or form of fertilizer: the production lines, machinery and equipment must be commensurate with the process of producing each type or form of fertilizer specified in the Appendix II enclosed with the Decree No. 84/2019/ND-CP.

c) The fertilizer producer must have a testing laboratory or enters into a contract with another designated testing organization to assess quality criteria for their fertilizers: the testing laboratory must conform to ISO 17025 standards or enter into a contract with another designated testing organization according to regulations of laws on product and goods quality, excluding establishments only packaging fertilizers.

d) The fertilizer producer must establish an appropriate quality management system compatible with quality management standards issued by the international standardization organization: the quality control system must conform to ISO 9001 or equivalent; for new establishments, such system must be established within 01 year from the date of issuance of the certificate of eligibility for fertilizer production.

dd) The fertilizer producer must provide space for separate storage of raw materials and finished products;

e) The person directly managing production must obtain at least a bachelor’s degree in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology.

11. Legal bases of the administrative procedures:

- Article 41 of the Law on Crop Production 2018;

- Articles 4, 12, 13, 14, 17 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019;

- Article 2 of the Circular No. 14/2018/TT-BTC dated February 07, 2018 of the Ministry of Finance.

Form No. 07

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER PRODUCTION

 To: ………………………………………..(1)

Name of the applicant: ..................................................................................................................

Address: .......................................................................................................................

Address: .......................................................................................................................

Enterprise ID number (if any): ......................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

Place of fertilizer production: ........................................................................................

Hereby would like to apply for the certificate of eligibility for fertilizer production

Production activities:

□ Fertilizer production

□ Fertilizer packaging

Method of issuance:

□ Issuance of a new certificate

□ Re-issuance (for the …….. time)

Reasons for re-issuance ...............................................................................................................

Enclosed documents:

...................................................................................................................................

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

_______________

 (1) Name of the competent authority.

Form No. 09

DESCRIPTION OF ELIGIBILITY TO PRODUCE FERTILIZERS

To: The Plant Protection Department

I. INFORMATION ABOUT THE ORGANIZATION/INDIVIDUAL

1. Name of the organization/individual: ..............................................................................................

Address: .......................................................................................................................

Telephone: ............................................. Fax: ………………………………………………...

E-mail: .................................................. Website:........................................................

2. Legal representative of the organization/individual:

Full name: ...................................................................................................................

Title: .................................................................................................................

ID card/Citizen ID card/Passport No. :……..date of issue:.../.../…..place of issue:..

Address: .......................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

3. Person directly managing production:

Full name: ................................................................................................................... ...................................................................................................................

Title: ................................................................................................................. .................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

II. INFORMATION ABOUT ELIGIBILITY REQUIREMENTS FOR PRODUCTION

1. Factory:

- Overall diagram (enclosed with a drawing)

- Area of the factory (m2): …………………………………in which:

+ Production area (m2): .............................................................................................

+ Raw material warehouse (m2): ...................................................................................

+ Finished product warehouse (m2): ..................................................................................

2. List of fertilizer production lines, machinery and equipment:

3. Drawings for production line design (enclosed with drawings)

4. Diagram and description of production process: ......................................................................

5. Employees directly producing fertilizers (expected): .......................................................

6. Registered type of fertilizer and production capacity

7. Quality control

□ Have a testing laboratory conforming to ISO 17025

□ Conclude a contract with a designated testing organization (Name of the testing organization…………………….)

8. Quality management system in conformity with ISO 9001 or equivalent (Name of the certification body…………………………….)

9. Enclosed documents (if any): ………………………………….

VI. Re-issuance of the certificate of eligibility for fertilizer production

Field: Plant protection

1. Sequence:

- Step 1: The organization or individual shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Appraise the application and re-issue the certificate of eligibility for fertilizer production

+ If the certificate of eligibility for fertilizer production expires; place of fertilizer production, type/form of fertilizer or production capacity specified in the certificate is changed

Within 20 working days from the receipt of the adequate application, the Plant Protection Department shall appraise it, if the application is satisfactory, carry out a site inspection of fulfillment of conditions for fertilizer production and obligations by the fertilizer producer as prescribed in Point i Clause 2 Article 50 of the Law on Crop Production and make an inspection record using the Form No. 12 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

If the application is unsatisfactory, the Plant Protection Department shall return it and request the applicant in writing to complete it.

If the fertilizer producer fails to satisfy the conditions, the producer has to take remedial actions. After taking remedial actions, send a written notification to the Plant Protection Department for inspection. If the inspection result is satisfactory, within 05 working days from the end of the inspection, the competent authority shall issue the certificate of eligibility for fertilizer production using the Form No. 10 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP. If the application is rejected, respond to the applicant and provide explanation in writing.

+ If the certificate of eligibility for fertilizer production is lost or damaged; information about the organization or individual specified in the certificate is changed

Within 05 working days from the receipt of the valid application, the Plant Protection Department shall re-issue the certificate. If the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

3.1. In case the certificate of eligibility for fertilizer production expires

* 03 months before the expiry date of the certificate of eligibility for fertilizer production, the fertilizer producer that wishes to keep producing fertilizers shall submit the following documents:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

b) A description of eligibility to produce fertilizers, which is made using Form No. 09 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

c) A photocopy of the bachelor’s degree or higher degree of the person directly managing production of fertilizers as prescribed in Point e Clause 2 Article 41 of the Law on Crop Production.

dd) A true certified copy of the decision on approval of environmental impact assessment report or decision on approval of detailed environmental protection scheme or confirmation of registration of environmental protection plan or commitment to environmental protection according to regulations of law on environment.

* If there is not any change to the application, the applicant shall submit an application form for the certificate of eligibility for fertilizer production using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

3.2. In case the certificate of eligibility for fertilizer production is lost or damaged:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) An original of the issued certificate (if the certificate is damaged).

3.3. In case information about the organization or individual specified in the certificate is changed:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) An enterprise registration certificate or investment certificate or business registration certificate or household business registration certificate that has been modified;

c) An original of the issued certificate.

3.4. In case the place of fertilizer production is changed:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

b) A description of eligibility to produce fertilizers, which is made using Form No. 09 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

c) A photocopy of the bachelor’s degree or higher degree of the person directly managing production of fertilizers as prescribed in Point e Clause 2 Article 41 of the Law on Crop Production.

d) A true certified copy of the decision on approval of environmental impact assessment report or decision on approval of detailed environmental protection scheme or confirmation of registration of environmental protection plan or commitment to environmental protection according to regulations of law on environmental protection.

dd) An original of the issued certificate.

3.5. In case the type or form of fertilizer or production capacity specified in the certificate of eligibility for fertilizer production is changed:

a) An application form, which is made using the Form No. 07 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A description of eligibility to produce fertilizers, which is made using Form No. 09 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

c) An original of the issued certificate.

4. Time limit for processing the application:

- Within 25 working days if applying for re-issuance of the certificate of eligibility for fertilizer production when it is expired or place of fertilizer production, type/form of fertilizer or production capacity specified in the certificate of eligibility for fertilizer production is changed (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant)

- 05 working days in the case of applying for re-issuance of the certificate of eligibility for fertilizer production when it is lost or damaged or information about the organization or individual specified in the certificate is changed (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant)

5. Entity carrying out the administrative procedures:

The fertilizer producer.

6. Agency carrying out the administrative procedures: The Plant Protection Department.

7. Result of implementation of the administrative procedures:

The certificate of eligibility for fertilizer production.

- In the case of re-issuing the certificate of eligibility for fertilizer production when it expires, the certificate shall be valid for 05 years.

- In the case of re-issuing the certificate of eligibility for fertilizer production when it is lost or damaged or information about the organization or individual or place of fertilizer production or type/form of fertilizer or production capacity specified in the certificate is changed, the expiry date of the re-issued certificate is the same as that of the issued certificate.

8. Fee:

VND 2,500,000; for establishments only packaging fertilizers: VND 1,200,000.

9. Name of form:

- Form No. 07: Application form for re-issuance of the certificate of eligibility for fertilizer production enclosed with the Decree No. 84/2019/ND-CP;

- Form No. 09: Description of eligibility to produce fertilizers enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

A fertilizer producer will be issued with the certificate of eligibility for fertilizer production if the following conditions are met:

a) The fertilizer producer must have a production location and factory commensurate with the fertilizer production scale: the production area must be separated by walls and fences; have a reinforced factory; and walls, ceilings, dividers and doors meeting quality control requirements.

b) The fertilizer producer must have production lines, machinery and equipment commensurate with the process of producing each type or form of fertilizer: the production lines, machinery and equipment must be commensurate with the process of producing each type or form of fertilizer specified in the Appendix II enclosed with the Decree No. 84/2019/ND-CP.

c) The fertilizer producer must have a testing laboratory or enters into a contract with another designated testing organization to assess quality criteria for their fertilizers: the testing laboratory must conform to ISO 17025 standards or enter into a contract with another designated testing organization according to regulations of laws on product and goods quality, excluding establishments only packaging fertilizers.

d) The fertilizer producer must establish an appropriate quality management system compatible with quality management standards issued by the international standardization organization: the quality control system must conform to ISO 9001 or equivalent; for new establishments, such system must be established within 01 year from the date of issuance of the certificate of eligibility for fertilizer production.

dd) The fertilizer producer must provide space for separate storage of raw materials and finished products;

e) The person directly managing production must obtain at least a bachelor’s degree in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology.

11. Legal bases of the administrative procedures:

- Article 41 of the Law on Crop Production 2018;

- Articles 4, 13, 16, 17 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019;

- Article 2 of the Circular No. 14/2018/TT-BTC dated February 07, 2018 of the Ministry of Finance.

Form No. 07

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER PRODUCTION

To: ………………………………………………..(1)

Name of the applicant: ..................................................................................................................

Address: .......................................................................................................................

Enterprise ID number (if any): ......................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

Place of fertilizer production: ........................................................................................

Hereby would like to apply for the certificate of eligibility for fertilizer production

Production activities:

□ Fertilizer production

□ Fertilizer packaging

Method of issuance:

□ Issuance of a new certificate

□ Re-issuance (for the …….. time)

Reasons for re-issuance ...............................................................................................................

Enclosed documents:

...................................................................................................................................

We hereby declare that the information contained in the application form and in the enclosed documents is true and we undertake to comply with regulations of law on fertilizers./.

_______________

 (1) Name of the competent authority.

Form No. 09

DESCRIPTION OF ELIGIBILITY FOR FERTILIZER PRODUCTION

To: The Plant Protection Department

I. INFORMATION ABOUT THE ORGANIZATION/INDIVIDUAL

1. Name of the organization/individual: ..............................................................................................

Address: .......................................................................................................................

Telephone: ............................................. Fax: ………………………………………………...

E-mail: .................................................. Website:........................................................

2. Legal representative of the organization/individual:

Full name: ...................................................................................................................

Title: .................................................................................................................

ID card/Citizen ID card/Passport No. :……..date of issue:.../.../…..place of issue:..

Address: .......................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

3. Person directly managing production:

Full name: ...................................................................................................................

Title: .................................................................................................................

Telephone: ...................................... Fax: ……………………..E-mail: ……………………….

II. INFORMATION ABOUT ELIGIBILITY REQUIREMENTS FOR PRODUCTION

1. Factory:

- Overall diagram (enclosed with a drawing)

- Area of the factory (m2): …………………………………in which:

+ Production area (m2): .............................................................................................

+ Raw material warehouse (m2): ...................................................................................

+ Finished product warehouse (m2): ..................................................................................

2. List of fertilizer production lines, machinery and equipment:

3. Drawings for production line design (enclosed with drawings)

4. Diagram and description of production process: ......................................................................

5. Employees directly producing fertilizers (expected): .......................................................

6. Registered type of fertilizer and production capacity

7. Quality control

□ Have a testing laboratory conforming to ISO 17025

□ Conclude a contract with a designated testing organization (Name of the testing organization…………………….)

8. Quality management system in conformity with ISO 9001 or equivalent (Name of the certification body…………………………….)

9. Enclosed documents (if any): ………………………………….

VII. Issuance of the fertilizer import license

Field:Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Plant Protection Department.

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The Plant Protection Department shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the Plant Protection Department shall consider the adequacy, if the application is inadequate, the Plant Protection Department shall return it and request the applicant to complete it.

- Step 3: Issue the fertilizer import license: Within 07 working days from the receipt of the adequate application, the Plant Protection Department shall issue the decision to recognize circulation of fertilizers in Vietnam using the Form No. 15 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; if the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 13 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A technical declaration, which is made using the Form No. 14 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

c) A document concerning quality criteria, instructions for use, safety warnings and restricted elements of the fertilizer, which is prepared by the producer;

d) A certificate of free sale, which is issued by the exporting country (if the fertilizer is imported as specified in Points a, b, c, d, dd, e and g Clause 2 Article 44 of the Law on Crop Production);

dd) A confirmation of or invitation to the fair or exhibition in Vietnam (if the fertilizer is imported as specified in Point dd Clause 2 Article 44 of the Law on Crop Production);

e) A research proposal on the fertilizer to be imported (if the fertilizer is imported as specified in Point e Clause 2 Article 44 of the Law on Crop Production);

g) An import contract, export contract or processing contract with a foreign partner (if the fertilizer is imported as specified in Point h Clause 2 Article 44 of the Law on Crop Production).

4. Time limit for processing the application:

Within 07 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures: The organization or individual.

6. Agency carrying out the administrative procedures: The Plant Protection Department

7. Result of implementation of the administrative procedures:

The fertilizer import license

The license shall be valid for 01 year.

8. Fee: Free of charge

9. Name of form:

- Form No. 13. Application form for fertilizer import enclosed with the Decree No. 84/2019/ND-CP;

- Form No. 14: Technical declaration enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures: Not required

11. Legal bases of the administrative procedures:

- Articles 44 of the Law on Crop Production 2018;

- Articles 4, 20 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 13

APPLICATION FORM FOR FERTILIZER IMPORT

To: The Plant Protection Department

1. Name of the applicant: ..............................................................................................

Address: .......................................................................................................................

Telephone: ............................................. Fax: ………………………………………………...

2. Name of the fertilizer: .........................................................................................................

3. Quantity of fertilizer to be imported: ...............................................................................................

4. Manufacturer, origin: .............................................................................................

5. Purposes of import of fertilizer

□ Intended for testing

□ Intended for sports grounds and amusement parks

□ Intended for foreign projects in Vietnam

□ Used as donations or samples

□ Displayed at fairs or exhibitions

□ Intended for scientific research

□ Used as materials for producing other fertilizers

□ Temporarily imported, re-exported, transported from port to port or in transit across border checkpoints of Vietnam; sent to bonded warehouse; imported to export-processing zones

6. Date of import (expected): .................................................................................

7. Border checkpoint of import (expected): .................................................................................

8. Enclosed documents: ........................................................................................

We hereby undertake to comply with all applicable regulations of law on imported fertilizers.

Contact address: …………., telephone: …………..Fax: ………, E-mail: ………..

Form No. 14

TECHNICAL DECLARATION

1. Name of the fertilizer: .........................................................................................................

Another name (if available): .......................................................................................................

2. Origin: ..................................................................................................................

3. Type of fertilizer: Inorganic fertilizer □; Organic fertilizer □; Biofertilizer □

4. Method of use: Applied to roots□; Applied to leaves □

5. Form of the fertilizer: Solid: □; Liquid □

6. Package (clearly specify type of package, weight or capacity): ……………………………………..

7. Quality criteria (according to the manufacturer’s standards)

8. Restricted elements of the fertilizer (as specified in the technical regulation, if available)

9. Instructions for use (1):

- Plants to which the fertilizer is applied: ...................................................................................................

- Dose/area, clearly specify it for each type of plant: ...........................

- Area used, clearly specify it for each type of plant: ......................................................

- Other notes: .....................................................................

10. Warnings about adverse impacts on health and environment: ..........................................

We hereby declare that the information provided herein is accurate and true. We undertake to comply with regulations of law on imported fertilizers.

_______________

 (1) Only required if the fertilizer is imported as prescribed in Points a, b, c and e Clause 2 Article 44 of the Law on Crop Production.

VIII. State inspection of quality of imported fertilizers

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Plant Protection Department or the conformity assessment body that has a testing laboratory complying with regulations laid down in the Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP and is authorized by the Plant Protection Department (state inspection agency).

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The state inspection agency shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the state inspection agency shall inspect the adequacy, if the application is inadequate, the state inspection agency shall request the applicant in writing to complete it.

- Step 3: Appraise the application and inspect quality.

Within 01 working day, the state inspection agency shall inspect the adequacy and validity of the application.

+ If the application is adequate and valid, the state inspection agency shall leave its confirmation on the application form and proceed to take samples as prescribed.

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 sample collection form shall be made using the Form No. 17 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

All quality criteria and restricted elements of the fertilizer must be tested according to the national technical regulation on fertilizer quality.

+ If the application is inadequate and invalid, the state inspection agency shall return it and respond to the applicant and provide explanation in writing.

- Step 4: Notify the inspection result:

Within 10 working days from the date of sampling, the state inspection authority shall notify the result of the quality inspection to the organization or individual using Form No. 18 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

The fertilizer may be returned to a warehouse before the inspection result is given and shall be subject to regulations on procedures for customs inspection and supervision of imports and exports.

In case the policy on exemption from and reduction in state inspection of quality of imported fertilizers is adopted and sampling is not required

Within 02 working days from the receipt of the valid application, the state inspection authority shall notify the result of the quality inspection to the organization or individual using Form No. 18 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 16 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) Photocopies of the following documents:

- A sale contract;

- A goods list (specifying registered quantity and code of each batch);

- A goods invoice;

- A bill of lading (for air, marine or railway freight).

In case the policy on exemption from state inspection of quality of imported fertilizers is adopted:

The applicant shall submit an application form for state inspection using the Form No. 16 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

4. Time limit for processing the application:

Within 10 working days (from the date of sampling)

In case the policy on exemption from and reduction in state inspection of quality of imported fertilizers is adopted: Within 02 working days from the receipt of the valid application

5. Entity carrying out the administrative procedures: The organization or individual.

6. Agency carrying out the administrative procedures:

The Plant Protection Department or the conformity assessment body that has a testing laboratory complying with regulations laid down in the Decree No. 74/2018/ND-CP and Decree No. 154/2018/ND-CP and is authorized by the Plant Protection Department.

7. Result of implementation of the administrative procedures:

The notification of result of state inspection of imported fertilizer quality

8. Charges: Free of charge

9. Name of form:

Form No. 16: Application form for state inspection of imported fertilizer quality enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures: Not required

11. Legal bases of the administrative procedures:

- Articles 46 of the Law on Crop Production 2018;

- Articles 4, 19, 21 and 25 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

- Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018.

- Article 4 of the Decree No. 154/2018/ND-CP dated November 09, 2018 of the Ministry of Science and Technology.

Form No. 16

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

APPLICATION FORM FOR STATE INSPECTION OF IMPORTED FERTILIZER QUALITY

 (Valid until date (dd/mm/yyyy) ….)

To: ………………………………………….(1)

Address: .......................................................................................................................

Telephone: ...................................... Fax: ……………………………………..

Applicant: .......................................................................................................

Address: ....................................................................................................................... .......................................................................................................................

Telephone: ............................................................ Fax:……………………………………..

Hereby would like to apply for state inspection of the following fertilizers:

At: (specify the place of inspection, diagram of the fertilizer warehouse):

…………………………………………………………………………………………………………

…………………………………………………………………………………………………………

Enclosed documents:

We hereby declare that:

1. The application is valid and legitimate;

2. Status quo of goods is maintained at the registered place and goods are presented together with the customs dossier in order for …….(1) to carry out quality inspection;

3. Goods are only produced, sold or used after ……..(1) issues a notification of result of state inspection of imported fertilizer quality which states that the batch has reached quality requirements.

_______________

 (1) Name of the state inspection agency.

B. Administrative procedures of provincial authorities

I. Issuance of the certificate of eligibility for fertilizer trading

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures (the receiving authority).

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The receiving authority shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the receiving authority shall inspect the adequacy, if the application is inadequate, the receiving authority shall return it and request the applicant in writing to complete it.

- Step 3: Appraise the application and issue the certificate of eligibility for fertilizer trading

Within 10 working days from the receipt of the adequate application, the receiving authority shall appraise it, if the application is satisfactory, inspect the satisfaction of conditions for fertilizer trading by the applicant and make an inspection record using the Form No. 12 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

If the application is unsatisfactory, the receiving authority shall return it and request the applicant in writing to complete it.

If the fertilizer trader fails to satisfy the conditions, the trader has to take remedial actions. After taking remedial actions, send a written notification to the receiving authority for inspection. If the inspection result is satisfactory, within 03 working days from the end of the inspection, the receiving authority shall issue the certificate of eligibility for fertilizer production using the Form No. 11 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP. If the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 08 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

b) A photocopy of the certificate of completion of training or refresher course on fertilizers or intermediate professional education diploma or higher in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology of the person directly trading fertilizers as prescribed in Point c Clause 2 Article 42 of the Law on Crop Production.

4. Time limit for processing the application:

Within 13 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures:

The fertilizer trader.

6. Agency carrying out the administrative procedures:

The Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures

7. Result of implementation of the administrative procedures:

The certificate of eligibility for fertilizer trading

8. Fee: VND 500,000

9. Name of form:

Form No. 08: Application form for certificate of eligibility for fertilizer trading enclosed with the Decree No. 84/2019/ND-CP.

10. Requirements and conditions for following the administrative procedures:

A fertilizer trader shall be issued with a certificate of eligibility for fertilizer trading if:

a) there is a specific and legal business address;

b) there are sufficient documents serving tracing of fertilizers as prescribed;

c) The person directly trading fertilizers must hold a certificate of completion of training or refresher course on fertilizers under the guidance of the Ministry of Agriculture and Rural Development, except in cases where he/she has obtained an intermediate professional education diploma or higher in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology.

11. Legal bases of the administrative procedures:

- Articles 42 of the Law on Crop Production 2018;

- Articles 4, 13, 15, 17 and 26 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019;

- Article 2 of the Circular No. 14/2018/TT-BTC dated February 07, 2018 of the Ministry of Finance.

Form No. 08

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER TRADING

To: …………………………………(1)

1. Name of the applicant: …………………………………………………………………………

Address: .......................................................................................................................

Enterprise registration certificate/Business registration certificate/Household business registration certificate/Establishment decision No. …………date of issue………. Place of issue ……………………………………………………………………………………..

Name of the applicant’s owner/ legal representative: ……………………………………

Telephone:……………….. Fax:…………………… E-mail: ……………………….

ID Card number/Citizen ID Card number: ……. date of issue: ….. place of issue: …..

2. Location of fertilizer warehouse (if any): ……………………………………..

Hereby would like to apply for the certificate of eligibility for fertilizer trading

□ Issuance                                                   □ Re-issuance (for the .... time)

Reasons for re-issuance …………………………………………………………………………….

Enclosed documents:

…………………………………………………………………………………………….

We hereby undertake to comply with regulations of law on fertilizers and other relevant regulations of law./.

_____________

 (1) Name of the competent authority.

II. Re-issuance of the certificate of eligibility for fertilizer trading

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures (the receiving authority).

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The state inspection agency shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the receiving authority shall inspect the adequacy, if the application is inadequate, the receiving authority shall return it and request the applicant in writing to complete it.

- Step 3: Appraise the application and re-issue the certificate of eligibility for fertilizer trading.

1.1. In case the place of fertilizer trading specified in the certificate of eligibility for fertilizer trading is changed

Within 10 working days from the receipt of the adequate application, the receiving authority shall appraise it, if the application is satisfactory, inspect the satisfaction of conditions for fertilizer trading by the applicant and make an inspection record using the Form No. 12 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

If the application is unsatisfactory, the receiving authority shall return it and request the applicant in writing to complete it.

If the fertilizer trader fails to satisfy the conditions, the trader has to take remedial actions. After taking remedial actions, send a written notification to the Plant Protection Department for inspection. If the inspection result is satisfactory, within 03 working days from the end of the inspection, the receiving authority shall issue the certificate of eligibility for fertilizer production using the Form No. 11 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP. If the application is rejected, respond to the applicant and provide explanation in writing.

1.2. In case the certificate of eligibility for fertilizer trading is lost or damaged; information about the organization or individual specified in the certificate is changed

Within 05 working days from the receipt of the valid application, the receiving authority shall re-issue the certificate. If the application is rejected, respond to the applicant and provide explanation in writing.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

3.1. In case the certificate is lost or damaged

a) An application form, which is made using the Form No. 08 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) An original of the issued certificate (if the certificate is damaged).

3.2. In case information about the organization or individual specified in the certificate is changed

a) An application form, which is made using the Form No. 08 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) An enterprise registration certificate or investment certificate or business registration certificate or household business registration certificate that has been modified;

c) An original of the issued certificate.

3.3. In case the place of fertilizer trading is changed:

a) An application form, which is made using the Form No. 08 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP.

b) A photocopy of the certificate of completion of training or refresher course on fertilizers or intermediate professional education diploma or higher in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology of the person directly trading fertilizers.

4. Time limit for processing the application:

- 13 working days in the case of applying for re-issuance of the certificate of eligibility for fertilizer trading upon change of the place of fertilizer trading (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

- 05 working days in the case of applying for re-issuance of the certificate of eligibility for fertilizer trading when it is lost or damaged or information about the organization or individual specified in the certificate is changed (from the date on which the adequate application is received)

5. Entity carrying out the administrative procedures:

The fertilizer trader.

6. Agency carrying out the administrative procedures:

The Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures.

7. Result of implementation of the administrative procedures:

The certificate of eligibility for fertilizer trading

8. Fee: VND 200,000

9. Name of form:

Form No. 08: Application form for issuance/re-issuance of the certificate of eligibility for fertilizer trading enclosed with the Decree No. 84/2019/ND-CP;

10. Requirements and conditions for following the administrative procedures:

A fertilizer trader shall be issued with a certificate of eligibility for fertilizer trading if:

a) there is a specific and legal business address;

b) there are sufficient documents serving tracing of fertilizers as prescribed;

c) The person directly trading fertilizers must hold a certificate of completion of training or refresher course on fertilizers under the guidance of the Ministry of Agriculture and Rural Development, except in cases where he/she has obtained an intermediate professional education diploma or higher in crop science, plant protection, soil agro chemistry, soil science, agronomy, chemistry or biology.

11. Legal bases of the administrative procedures:

- Articles 42 of the Law on Crop Production 2018;

- Articles 4, 13, 16, 17 and 26 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019;

- Article 2 of the Circular No. 14/2018/TT-BTC dated February 07, 2018 of the Ministry of Finance.

Form No. 08

APPLICATION FORM FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER TRADING

To: …………………………………(1)

1. Name of the applicant: …………………………………………………………………………

Address: ………………………………………………………………………………..

Enterprise registration certificate/Business registration certificate/Household business registration certificate/Establishment decision No. …………date of issue………. Place of issue ……………………………………………………………………………………..

Name of the applicant’s owner/ legal representative: …………………………………… ……………………………………

Telephone:……………….. Fax:…………………… E-mail: ……………………….

ID card/Citizen ID card No. ……. date of issue: ….. place of issue: …..

2. Location of fertilizer warehouse (if any): ……………………………………..

Hereby would like to apply  for the certificate of eligibility for fertilizer trading

□ Issuance                                                   □ Re-issuance (for the .... time)

Reasons for re-issuance …………………………………………………………………………….

Enclosed documents:

…………………………………………………………………………………………….

We hereby undertake to comply with regulations of law on fertilizers and other relevant regulations of law./.

______________

 (1) Name of the competent authority.

III. Confirmation of fertilizer advertisement contents

Field: Plant protection

1. Sequence:

- Step 1: The applicant shall submit 01 application to the Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures (the receiving authority).

- Step 2: Respond to the adequacy of the application:

a) If the application is submitted in person: The state inspection agency shall inspect composition of the application and immediately respond to the applicant upon submission;

b) If the application is submitted by post or online: Within 02 working days, the receiving authority shall inspect the adequacy, if the application is inadequate, the receiving authority shall return it and request the applicant in writing to complete it.

- Step 3: Appraise the application and issue a written confirmation of advertisement contents

Within 05 working days from the receipt of the adequate application, the receiving authority shall appraise it, if the application is satisfactory, issue a written confirmation of advertisement contents according to the Form No. 21 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP; if the application is rejected, respond to the applicant and provide explanation in writing.

In case of advertising a fertilizer through a seminar, conference or event: 02 working days before the advertising is implemented, the organization or individual whose fertilizer has been issued with the written confirmation of advertisement contents shall send a written notification of method, time and place of advertising enclosed with a copy of the written confirmation of advertisement contents to the Department of Agriculture and Rural Development of the province where the advertising is implemented for inspection if necessary.

2. Method of implementation:

a) If the application is submitted in person or by post: Documents in the application must be copies or copies from the master register or certified true copies or copies presented together with their originals for comparison;

b) If the application is submitted online: Documents must be scanned and photocopied from their originals.

3. Composition and number of documents: Submit 01 set of documents, including:

a) An application form, which is made using the Form No. 20 in the Appendix I enclosed with the Decree No. 84/2019/ND-CP;

b) A legitimate copy of the Decision to recognize circulation of fertilizer in Vietnam;

c) 02 advertisement scripts and recording/video files or design relevant to the type and form of advertising (excluding advertising implemented via a seminar, conference or event);

d) In case of advertising a fertilizer through a seminar, conference or event: an agenda (containing detailed contents); time; venue; contents of the speech and handouts; a list of names, position and qualifications of the speaker.

4. Time limit for processing the application:

Within 05 working days (from the date on which the adequate application is received, excluding the period of implementation of remedial measures (if any) by the applicant).

5. Entity carrying out the administrative procedures: The organization or individual.

6. Agency carrying out the administrative procedures:

The Sub-department of Crop Production and Plant Protection/Plant protection and quarantine authority assigned by the provincial Department of Agriculture and Rural Development to carry out the administrative procedures

7. Result of implementation of the administrative procedures:

The written confirmation of fertilizer advertisement contents

The confirmation shall be valid nationwide.

8. Fee: Free of charge

9. Name of form:

Form No. 20: Application form for confirmation of fertilizer advertisement contents enclosed with the Decree No. 84/2019/ND-CP

10. Requirements and conditions for following the administrative procedures: Not required

11. Legal bases of the administrative procedures:

- Articles 49 of the Law on Crop Production 2018;

- Articles 4, 24 and 26 of the Government's Decree No. 84/2019/ND-CP dated November 14, 2019.

Form No. 20

APPLICATION FORM FOR CONFIRMATION OF FERTILIZER ADVERTISEMENT CONTENTS

To: ………………………… (1)

Name of the applicant: ………………………………………………………………………..

Address: …………………………………………………………………………………………

Telephone:………………..

Full name and mobile number of the person responsible for applying for confirmation: ………………………..

…………………………………………………………………………………………………..

have the honor to request………..(1) to consider and confirm contents of advertisements for the following fertilizers:

Enclosed documents:

…………………………………………………………………………………………………….

…………………………………………………………………………………………………….

We hereby undertake to comply with the confirmed advertisement contents, regulations of law on fertilizer management and other regulations of law on advertising. We will take legal responsibility for not complying with the confirmed advertisement contents./.

_____________

 (1) Name of the competent authority.

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