Decree 84/2019/ND-CP on fertilizer management

DECREE

ON FERTILIZER MANAGEMENT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Crop Production Law dated November 19, 2018;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates a Decree on fertilizer management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for Clause 5 Article 36, Clause 4 Article 37, Clause 3 Article 38, Clause 2 Article 40, Clause 4 Article 41, Clause 3 Article 42, Clause 3 Article 44, Clause 4 Article 45, Clause 4 Article 46 and Clause 2 Article 49 on fertilizer management of the Crop Production Law.

Article 2. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “main quality index” of a fertilizer means a fertilizer quality index decisive to the nature and utilities of such fertilizer as prescribed by national technical regulations and used to classify the fertilizer.

2. “additional quality index” of a fertilizer means a fertilizer quality index that influences the nature and utilities of such fertilizer as prescribed by national technical regulations. It is neither a main quality index nor used to classify the fertilizer.

3. “nutrient” in a fertilizer means a chemical element that is necessary for the growth of plants. Nutrients consist of:

a) Macronutrients, including nitrogen (N), phosphorus (P) and potassium (K) which can be absorbed by plants;

b) Secondary nutrients, including calcium (Ca), magnesium (Mg), and sulfur (S) which can be absorbed by plants;

c) Micronutrients, including boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) and zinc (Zn) which can be absorbed by plants.

4. “restricted element in a fertilizer” means an element that is potentially harmful or poses risks to food safety or the environment as prescribed by national technical regulations.

5. “fertilizer production” includes one, multiple or all activities aiming to produce fertilizers through chemical or biological reactions or physical processes such as mixing, formulation, grinding, sieving, preliminary treatment, aging, fermentation, extraction, recycling, moisturizing, granulation, packaging and other activities.

6. “fertilizer trade” includes one, multiple or all the following activities: display, sale, storage, preservation, transportation, wholesale, retail, import and export of fertilizers and other activities to trade fertilizers.

7. “low-quality fertilizer” means a fertilizer whose quality index and/or restricted elements fail(s) to meet the requirements specified in the Decision on recognition of fertilizer for trade in Vietnam (hereinafter referred to as “Recognition Decision”) or national technical regulations.

8. “fake fertilizer" means a fertilizer one main quality index or more of which accounts for only 70% or fewer compared to the proportion registered in the Recognition Decision (excluding main quality indexes being microorganisms).

Article 3. Fertilizer classification

1. Chemical fertilizers (also known as inorganic fertilizers) include different types of fertilizers which are produced mainly from inorganic substances or synthetic organic substances that have been treated through chemical processes or mineral processing. They are further classified according to the compositions, contents or functions of main quality indexes or chemical bonds of nutrients as specified in national technical regulations.

2. Organic fertilizers include different types of fertilizers which are produced mainly from natural organic substances (excluding synthetic organic substances) that have been treated through physical processes (such as drying, grinding, sieving, mixing, moisturizing) or biological processes (such as aging, fermentation, extraction). They are further classified according to the compositions and functions of main quality indexes or production processes as specified in national technical regulations.

3. Biological fertilizers include different types of fertilizers produced through biological processes or natural fertilizers that contain one biological substance or more such as humic acids, fulvic acids, amino acids, vitamins or other biological substances. They are further classified according to the compositions or functions of main quality indexes as specified in national technical regulations.

4. Fertilizers for root are fertilizers of the groups defined in Clause 1, Clause 2 and Clause 3 herein that are used for provision of nutrients to plants through their roots or soil improvement.

5. Foliar fertilizers are fertilizers of the groups defined in Clause 1, Clause 2 and Clause 3 herein that are used to provide nutrients for plants through their stems and leaves.

Article 4. General provisions for administrative procedures provided for in this Decree

1. For dossier submission: Depending on the capacity for receipt and result informing of entities handling administrative procedures (“handling entities”), organizations and individuals shall submit dossiers in person, by post or online (via the national single-window system, online public services, software, email, fax). To be specific:

a) If the dossier is submitted in person or by post: The dossier must include the authentic copies, copies from the master registers, certified copies or copies attached with authentic copies for verification;

b) If the dossier is submitted online: The dossier must include the scanned or photographed copies of the authentic copies.

2. The dossier shall be made into 01 copy.

3. Time limit for informing of adequacy of the dossier:

a) If the dossier is submitted in person: The handling entity shall review the dossier’s composition and inform immediately after the organization or individual has submitted the dossier.

b) If the dossier is submitted by post or online: Within 02 working days, the handling entity shall review the dossier’s composition and, if the dossier is not yet adequate as regulated, the handling entity shall inform the organization or individual for supplementation.

4. For payment of administrative fees and charges: Organizations and individuals shall pay the fees and charges specified by applicable regulations at the premises of handling entities, by wire transfer or via other services.

5. For informing of results: Handling entities shall inform results of handling of administrative procedures at the dossier receiving location, by post or online.

6. If a regulation in this Decree is inconsistent with regulations of Clauses 1, 2, 3, 4 and 5 herein, the former shall prevail.

7. If a dossier is in a foreign language, it must be translated into Vietnamese and verified by translating authorities.

8. Organizations and individuals shall hold responsibilities for their submitted dossiers.

Chapter II

ISSUANCE, REISSUANCE, EXTENSION AND REVOCATION OF DECISION ON RECOGNITION OF FERTILIZER FOR TRADE AND DECISION ON RECOGNITION OF FERTILIZER TESTING ORGANIZATION

Article 5. Applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer for trade in Vietnam

1. An application for the Recognition Decision consists of:

a) An application for the Recognition Decision, which is made using Form No. 01 of Appendix I enclosed with this Decree;

b) Basic information on the fertilizer certified by the producer, including type; name; form; guidelines on use; methods of use; service life; safety warnings; quality indexes, restricted elements and testing result;

c) The authentic copy of the report on result of fertilizer testing according to national standards for fertilizer testing (excluding the fertilizers provided for in Clause 2 Article 39 of the Crop Production Law);

d) Certificate of free sale issued by the exporting country (for the fertilizers specified in Points a, b and c Clause 2 Article 39 of the Crop Production Law that are imported).

2. Procedures for and competence in issuance of the Recognition Decision:

The organization or individual shall submit the application specified in Clause 1 herein to a competent affiliate of the Ministry of Agriculture and Rural Development (“competent authority”).

Within 03 months from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, grant the Recognition Decision using Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent authority must send a written explanation to the applicant.

3. The Recognition Decision is valid for 05 years. An organization or individual that would like to extend the Recognition Decision must apply for extension according to the procedures specified in Article 7 herein 03 months before such Decision expires.

Article 6. Applications and procedures for reissuance of the Recognition Decision

1. An application for reissuance of the Recognition Decision includes:

a) An application for reissuance of the Recognition Decision, which is made using Form No. 01 of Appendix I enclosed with this Decree;

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

c) The new enterprise registration certificate or investment certificate (for change to applicant’s information);

d) The authentic copy or certified copy of the fertilizer transfer agreement or contract (for transfer of the fertilizer in the Recognition Decision).

2. Procedures for reissuance of the Recognition Decision:

The organization or individual shall submit the application specified in Clause 1 herein to the competent authority.

Within 07 working days from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, grant the Recognition Decision using Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent authority must send a written explanation to the applicant.

3. The effective period of the reissued Recognition Decision is the same as that of the issued Recognition Decision.

Article 7. Applications and procedures for extension of the Recognition Decision

1. An application for extension of the Recognition Decision includes:

a) An application for extension of the Recognition Decision, which is made using Form No. 01 of Appendix I enclosed with this Decree;

b) Notice of receipt of application for registration of the declaration of conformity or announcement of result of state inspection of imported fertilizer’s quality;

c) Report on fertilizer production, export, import and use, which is made using Form No. 02 of Appendix I enclosed with this Decree.

2. Procedures for extension of the Recognition Decision:

The organization or individual shall submit the application specified in Clause 1 herein to the competent authority.

Within 07 working days from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, extend the Recognition Decision using Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent authority must send a written explanation to the applicant.

Article 8. Applications, procedures and competence pertaining to revocation of the Recognition Decision

1. For the case provided for in Point a Clause 1 Article 38 of the Crop Production Law, the competent authority shall gather and review the evidences. Within 05 working days from the date of issuance of the conclusion that the fertilizer poses high risks to human health and/or the environment, the competent authority shall issue decision on revocation of the Recognition Decision.

2. For the case provided for in Point b Clause 1 Article 38 of the Crop Production Law, within 05 working days from the date of receipt of the written conclusion on use of fake documents or provision of information different from that of the fertilizer permitted for trade, the competent authority shall issue decision on revocation of the Recognition Decision.

3. The decision on revocation of the Recognition Decision includes:

a) Fertilizer name - Fertilizer code;

b) Name of organization or individual possessing the fertilizer;

c) Reason for disposal of the fertilizer, including legal and scientific grounds;

d) Date of entry into force of the decision on revocation of the Recognition Decision.

4. The competent authority issuing a Recognition Decision has the power to issue decision on revocation of such Recognition Decision.

Within 02 working days from the date on which the decision is signed, it must be announced on mass media and the website of the competent authority.

Article 9. Minimum personnel requirements for tests conducted by fertilizer testing organizations

A fertilizer testing organization must ensure there are adequate personnel to conduct a test, among which, there must be at least 05 official employees (public employees or workers under indefinite duration contracts or contracts for duration of at least 12 months) besides the person in charge of the test.

Article 10. Applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organization

1. An application for Decision on recognition of fertilizer testing organization (“testing organization recognition decision”) consists of:

a) An application for recognition of the fertilizer testing organization, which is made using Form No. 04 of Appendix I enclosed with this Decree;

b) A description of eligibility to conduct fertilizer tests, which is made using Form No. 05 of Appendix I enclosed with this Decree.

2. Procedures for and competence in issuance of the testing organization recognition decision:

The organization or individual shall submit the application specified in Clause 1 herein to the competent authority.

Within 20 working days from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, carry out an inspection of the fertilizer testing organization’s eligibility to conduct fertilizer tests.

If the fertilizer testing organization passes the inspection, within 05 working days from the date on which the inspection is completed, the competent authority shall issue the testing organization recognition decision using Form No. 06 of Appendix I enclosed with this Decree.

If remedial actions are required according to the inspection record, within 05 working days from the date of receipt of the requirement for remedy, if the fertilizer testing organization satisfies the requirements as regulated, the competent authority shall issue the testing organization recognition decision using Form No. 06 of Appendix I enclosed with this Decree; otherwise, the competent authority must send a written explanation to the applicant.

Article 11. Revocation of testing organization recognition decision

1. The testing organization recognition decision will be revoked in any of the following cases:

a) Data forgery or provision of fictitious data in a fertilizer testing report;

b) Erasure or modification to falsify the contents of an issued decision;

c) Lack of remedial actions upon conclusion from the competent authority that the testing organization fails to satisfy the requirements specified in Clause 1 Article 40 of the Crop Production Law.

2. Within 10 working days from the date of receipt of information on any of the violations prescribed in Clause 1 herein, the competent authority issuing the testing organization recognition decision shall review such information and issue decision on revocation of the testing organization recognition decision if the fertilizer testing organization did violate one of the regulations in Clause 1 herein; and announce such decision on the website of the competent authority.

3. A fertilizer testing organization whose testing organization recognition decision has been revoked may apply for such decision again 24 months after the date on which the competent authority issued the revocation decision.

Chapter III

ISSUANCE, REISSUANCE AND REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR FERTILIZER PRODUCTION AND CERTIFICATE OF ELIGIBILITY FOR FERTILIZER TRADE

Article 12. Specific provisions for fertilizer production requirements

1. Point a Clause 2 Article 41 of the Crop Production Law is specified as follows: The production area shall be separated by walls and fences; have reinforced workshops; and walls, ceilings, dividers and doors meeting quality control requirements.

2. Point b Clause 2 Article 41 of the Crop Production Law is specified as follows: Production lines, machinery and equipment for fertilizer production must be commensurate with the production of each type or form of fertilizers as prescribed in Appendix II enclosed with this Decree.

3. Point c Clause 2 Article 41 of the Crop Production Law is specified as follows: They must have laboratories conforming to ISO 17025 standards or enter into contracts with other designated testing organizations according to regulations of laws on product and goods quality, excluding establishments for the sole purpose of fertilizer packaging.

4. Point d Clause 2 Article 41 of the Crop Production Law is specified as follows: They must establish a quality control system in conformity with ISO 9001 or equivalent; for new establishments, such system must be established no later than 1 year from the date of issuance of the certificate of eligibility for fertilizer production.

Article 13. Competence in issuance, reissuance and revocation of certificate of eligibility for fertilizer production and certificate of eligibility for fertilizer trade, and inspection of eligibility

1. Competent affiliates of the Ministry of Agriculture and Rural Development have the power to inspect, issue, reissue and revoke the certificate of eligibility for fertilizer production, which is made using Form No. 10 of Appendix I enclosed with this Decree.

2. Departments of Agriculture and Rural Development have the power to inspect, issue, reissue and revoke the certificate of eligibility for fertilizer trade, which is made using Form No. 11 of Appendix I enclosed with this Decree.

3. The authorities issuing the certificate of eligibility for fertilizer production and certificate of eligibility for fertilizer trade (hereinafter referred to as “certificates of eligibility”) must announce issuance, reissuance and revocation of such certificates on their web portals.

Article 14. Application for certificate of eligibility for fertilizer production

1. An application for certificate of eligibility for fertilizer production, which is made using Form No. 07 of Appendix I enclosed with this Decree.

2. A description of eligibility to produce fertilizers, which is made using Form No. 09 of Appendix I enclosed with this Decree.

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

4. A certified copy of the decision on approval of environmental impact assessment report, decision on approval of detailed environmental protection scheme, confirmation of registration of environmental protection scheme or commitment to environmental protection according to regulations of environmental laws.

Article 15. Application for certificate of eligibility for fertilizer trade

1. An application for certificate of eligibility for fertilizer trade, which is made using Form No. 08 of Appendix I enclosed with this Decree.

2. A photocopy of the certificate of completion of training or refresher course on fertilizers or diploma of vocational secondary school or higher of the person directly trading fertilizers as prescribed in Point c Clause 2 Article 42 of the Crop Production Law.

Article 16. Application for reissuance of certificate of eligibility for fertilizer production and certificate of eligibility for fertilizer trade

1. For expired certificates of eligibility for fertilizer production

The organization or individual that would like to continue producing fertilizers must apply for reissuance of the certificate of eligibility for fertilizer production according to regulations of Article 14 herein 03 months before the date such certificate expires. If the contents of the application dossier remain unchanged, the organization or individual shall submit the application for issuance of the certificate of eligibility for fertilizer production using Form No. 07 of Appendix I enclosed with this Decree.

2. For lost or damaged certificates of eligibility

a) An application for reissuance of the lost or damaged certificate, which is made using Form No. 08 of Appendix I enclosed with this Decree;

b) The authentic copy of the issued certificate (for damaged certificates).

3. For change of information about organizations/individuals on certificates of eligibility

a) An application for reissuance of the certificate, which is made using Form No. 07 or Form No. 08 of Appendix I enclosed with this Decree;

b) The amended enterprise registration certificate, investment certificate, business registration certificate or household business registration certificate;

c) The authentic copy of the issued certificate.

4. For change of production or trading site

a) An application for reissuance specified in Article 14 or Article 15 herein;

b) The authentic copy of the issued certificate.

5. For change of fertilizer type, fertilizer form or production capacity on certificates of eligibility for fertilizer production

a) An application for reissuance of the certificate of eligibility for fertilizer production, which is made using Form No. 07 of Appendix I enclosed with this Decree;

b) A description of eligibility to produce fertilizers, which is made using Form No. 09 of Appendix I enclosed with this Decree;

c) The authentic copy of the issued certificate of eligibility for fertilizer production.

Article 17. Procedures for issuance and reissuance of certificate of eligibility for fertilizer production and certificate of eligibility for fertilizer trade

1. Certificate issuance procedures.

a) Procedures for issuance of the certificate of eligibility for fertilizer production:

The organization or individual shall submit the application to the competent authority defined in Clause 1 Article 13 herein.

Within 20 working days from the date of receipt of the adequate application, the competent authority shall review its contents and, if it is satisfactory, carry out an inspection of the applicant’s eligibility to produce fertilizers and fulfillment of the obligations of fertilizer producing organizations and individuals defined in Point i Clause 2 Article 50 of the Crop Production Law, and make a record of the inspection using Form No. 12 of Appendix I enclosed with this Decree.

In case the applicant is unqualified, it must take remedial actions and inform the competent authority of such actions in writing for inspection of the remedied contents. If the applicant passes such inspection, the competent authority shall issue the certificate of eligibility for fertilizer production using Form No. 10 of Appendix I enclosed with this Decree; otherwise, a written explanation must be sent to the applicant.

b) Procedures for issuance of the certificate of eligibility for fertilizer trade:

The organization or individual shall submit the application to the competent authority defined in Clause 2 Article 13 herein.

Within 10 working days from the date of receipt of the adequate application, the competent authority shall review its contents and, if it is satisfactory, carry out an inspection of the applicant’s eligibility to trade fertilizers, and make a record of the inspection using Form No. 12 of Appendix I enclosed with this Decree.

In case the applicant is unqualified, it must take remedial actions and inform the competent authority of such actions in writing for inspection of the remedied contents. If the applicant passes such inspection, within 03 working days from the date the inspection is completed, the competent authority shall issue the certificate of eligibility for fertilizer trade using Form No. 11 of Appendix I enclosed with this Decree; otherwise, a written explanation must be sent to the applicant.

2. Certificate reissuance procedures.

a) Reissuance of the certificate of eligibility for fertilizer production for the cases stated in Clauses 1, 4 and 5 Article 16 herein shall be carried out according to the procedures specified in Point a Clause 1 of this Article.

b) Reissuance of the certificate of eligibility for fertilizer trade for the case stated in Clause 4 Article 16 herein shall be carried out according to the procedures specified in Point b Clause 1 of this Article.

c) For the cases stated in Clauses 2 and 3 Article 16 of this Decree, procedures for reissuance of certificates of eligibility:

Within 05 working days from the date of receipt of the adequate application, the authority shall reissue certificates of eligibility; if the application is rejected, the authority must send a written explanation to the applicant.

The effective period of the reissued certificate is the same as that of the issued certificate.

Article 18. Revocation of certificate of eligibility for fertilizer production and certificate of eligibility for fertilizer trade

1. An establishment producing or trading fertilizers will have its certificate of eligibility revoked if:

a) It uses false documents or provides incorrect information, which distorts the nature of the application for the certificate of eligibility; or

b) It erases or modifies the contents of the certificate of eligibility for the purpose of falsification;

2. The revocation of certificates of eligibility prescribed in Clause 1 herein shall be carried out by the competent authority issuing them.

Within 10 working days from the date of receipt of information on any of the violations prescribed in Clause 1 herein, the competent authority issuing the certificate of eligibility shall review such information and issue decision on revocation of the certificate if the establishment producing or trading fertilizers did violate one of the regulations in Clause 1 herein; and announce such decision on the website of the competent authority.

3. An organization or individual whose certificate of eligibility has been revoked may apply for such certificate again 24 months after the date on which the competent authority issued the revocation decision.

Chapter IV

FERTILIZER IMPORT, STATE INSPECTION OF FERTILIZER IMPORT, FERTILIZER SAMPLING AND FERTILIZER ADVERTISEMENT

Article 19. Fertilizer import

1. Organizations and individuals shall import fertilizers according to regulations of Article 44 and Article 46 of the Crop Production Law.

2. In case of import authorization as prescribed in Clause 1 Article 44 of the Crop Production Law, the authorized organization or individual must present the authorization letter from the organization or individual possessing the fertilizer granted the Recognition Decision to customs authorities and state inspection authorities.

3. In addition to the documents required by goods import regulations, the organization or individual importing fertilizers must submit the following documents to customs authorities directly or via the national single-window system: Result of state inspection of imported fertilizer’s quality for the cases specified in Clause 1 and Points b, c and g Clause 2 Article 44 of the Crop Production Law; or fertilizer import permit for the cases specified in Clause 2 Article 44 of the Crop Production Law.

Article 20. Applications, procedures and competence pertaining to issuance of fertilizer import permits

1. An application for the fertilizer import permit includes:

a) A fertilizer import application, which is made using Form No. 13 of Appendix I enclosed with this Decree;

b) A technical declaration, which is made using Form No. 14 of Appendix I enclosed with this Decree;

c) Documents on quality indexes, guidelines on use, safety warnings and restricted elements of the fertilizer from the producer;

d) Certificate of free sale issued by the exporting country (for import of the fertilizers specified in Points a, b, c, d, dd, e and g Clause 2 Article 44 of the Crop Production Law);

dd) Confirmation of or invitation to the fair or exhibition in Vietnam (for the case provided for in Point dd Clause 2 Article 44 of the Crop Production Law);

e) Research scheme for the fertilizer to be imported (for the case provided for in Point e Clause 2 Article 44 of the Crop Production Law);

g) Import contract, export contract or contract of export processing with foreign partners (for the cases provided for in Point h Clause 2 Article 44 of the Crop Production Law).

2. Procedures for and competence in issuance of fertilizer import permits:

The organization or individual shall submit the application specified in Clause 1 herein to the competent authority.

Within 07 working days from the date of receipt of the complete and valid application, the competent authority shall issue the fertilizer import permit using Form No. 15 of Appendix I enclosed therewith; if the application is rejected, the competent authority must send a written explanation to the applicant.

Article 21. Applications, procedures, contents and competence regarding state inspection of imported fertilizer’s quality

1. An application for state inspection of quality of an imported fertilizer (hereinafter referred to as "quality inspection") includes:

a) A quality inspection application, which is made using Form No. 16 of Appendix I enclosed with this Decree;

b) Photocopies of the following documents: Sale contract; enclosed goods list (including registered quantity and code of each batch); goods invoices; bill of lading (for air, marine or railway freight).

2. Procedures for quality inspection and sampling:

a) The organization or individual shall submit the application specified in Clause 1 herein to the state inspection authority defined in Clause 4 herein;

b) The state inspection authority shall review the application specified in Clause 1 herein within 01 working day.

If the application is satisfactory, the state inspection authority shall leave its confirmation on the application and proceed to take samples according to regulations of laws.

If the application is unsatisfactory, the state inspection authority shall send a written explanation to the applicant.

c) Taking samples for quality inspection

Compare the fertilizer batch at the sampling location with the information included in the application. If the information matches, proceed to take samples. The samples must be sealed and a record of sampling for the quality inspection must be drawn up using Form No. 17 of Appendix I enclosed with this Decree.

All quality indexes and restricted elements of the fertilizer must be tested according to regulations of the national technical regulation on fertilizer quality. If testing of a quality index is not yet available in domestic laboratories, the fertilizer management authority shall consider and accept the quality testing result of the producer.

d) Announcement of inspection results

Within 10 working days from the date of sampling, the state inspection authority shall announce the result of the quality inspection to the organization or individual using Form No. 18 of Appendix I enclosed with this Decree.

The fertilizer may be returned to its storage while the inspection result is being processed and shall be subject to regulations on procedures for customs inspection and supervision of imports and exports.

3. Exemption from quality inspection

a) Exemption from quality inspection may be granted to fertilizers having the same name, code and form as a fertilizer of the same production establishment, origin and importer that has passed the quality inspection three consecutive times. The weight of each import after such exemption is granted must not exceed the total weight of the 3 imports which served as the basis for such exemption.

b) The exemption is valid for 12 months. For a fertilizer granted the exemption, frequency of sampling for 01 year according to regulations of Point c Clause 2 herein is a maximum of 20% of the regular frequency and the samples are randomly selected by the inspection authority.

c) During the validity period of the exemption, the importer shall submit the quality inspection application specified in regulations of Point a Clause 1 herein to the state inspection authority defined in Clause 4 herein. The inspection authority shall take samples for the quality inspection with the frequency specified in Point b Clause 3 herein.

In case sampling is not required, within 2 days from the date of receipt of the valid application, the state inspection authority shall announce the result of the quality inspection to the organization or individual using Form No. 18 of Appendix I enclosed with this Decree.

d) Application for exemption from the quality inspection and procedures thereof are provided for in the Government ’s Decree No. 74/2018/ND-CP dated May 15, 2018 amending a number of Articles of the Decree No. 132/2008/ND-CP dated December 31, 2008 detailing implementation of a number of Articles of the Law on Product and Food Quality and the Decree No. 154/2018/ND-CP dated November 09, 2018 amending a number of regulations on investment and business conditions in sectors under management of Ministry of Science and Technology and certain regulations on specialized inspections.

dd) During the validity period of the exemption, if imports being traded are found to have violated regulations of a national technical regulation and/or the Recognition Decision, the fertilizer management authority shall annul such exemption in writing.

4. State inspection authorities in charge of the quality inspection include the Plant Protection Department or certification bodies for the declaration of conformity which possess laboratories that meet the requirements specified in the Decrees No. 74/2018/ND-CP and No. 154/2018/ND-CP and are authorized by the Plant Protection Department for each period of time.

Article 22. Sampling and testing of fertilizers

1. Fertilizer sampling.

a) Sampling methods are provided for by national standards for fertilizer sampling;

b) If sampling of a fertilizer is not yet regulated by national standards for fertilizer sampling, the organization or individual importing or exporting such fertilizer must formulate its sampling method. The Plant Protection Department shall decide to approve such method within 20 working days.

2. Fertilizer testing

a) Testing of fertilizer quality for the purpose of state management of import, export and trade shall be carried out by appointed laboratories.

b) Methods for testing of quality indexes and restricted elements in fertilizers are stipulated by national technical regulations. If the method for such testing for a fertilizer is not yet provided for by national technical regulations, the Plant Protection Department shall decide to approve an experimental method and put it to use.

Article 23. Training contents and duration, and competence in issuance of fertilizer sampling certificate

1. Training shall focus on:

a) Regulations of applicable laws on fertilizers;

b) Fertilizer sampling methods according to national standards;

c) Fertilizer sampling practice.

2. Training duration: 05 days.

Based on post-training test results, competent authorities shall issue the fertilizer sampling certificate using Form No. 19 of Appendix I enclosed with this Decree.

3. Organizations and individuals that would like to receive training in fertilizer sampling may register in person, by post or online with competent authorities.

4. The Plant Protection Department shall formulate programs and compile training materials concerning fertilizer sampling; take charge and cooperate with schools and institutes in organizing training and issuing fertilizer sampling certificates.

Article 24. Applications, procedures and competence regarding confirmation of fertilizer advertisement contents

1. An application for confirmation of fertilizer advertisement contents consists of:

a) An application for confirmation of fertilizer advertisement contents, which is made using Form No. 20 of Appendix I enclosed with this Decree;

b) A valid copy of the Recognition Decision;

c) 02 advertisement scripts and recording/video files or designs suitable to the type and form of advertising (excluding advertising via seminars, conferences and events);

d) For advertising via seminars, conferences and events: agenda (with detailed contents); time; venue; contents of the speech and handouts; name, position and qualification of the speaker.

2. Procedures and competence regarding confirmation of fertilizer advertisement contents:

The organization or individual shall submit the application specified in Clause 1 herein to a Department of Agriculture and Rural Development;

Within 05 working days from the date of receipt of the adequate application, the Department of Agriculture and Rural Development shall review the application and, if the application is satisfactory, issue a written confirmation of the advertisement contents using Form No. 21 of Appendix I enclosed with this Decree; otherwise, a written explanation must be sent to the applicant.

The written confirmation is valid nationwide.

3. For advertising via seminars, conferences and events, the organization or individual possessing a fertilizer granted the written confirmation of its advertisement contents must send a notice of the advertising form, time and location and a copy of the confirmation to the Department of Agriculture and Rural Development of the province where the advertisement takes place for any necessary inspection.

Chapter V

RESPONSIBILITIES FOR STATE MANAGEMENT OF FERTILIZERS

Article 25. Responsibilities of the Ministry of Agriculture and Rural Development

1. Propose legislative documents on fertilizer management, fertilizer development strategies, planning, programs, plans and policies; and fertilizer export and import to the Government for promulgation.

2. Formulate national technical regulations and standards for fertilizers.

3. Manage registration, tests, production, trade, export, import, quality control, labeling, advertisement and use of fertilizers in Vietnam.

4. Organize research, collect and manage information and documents concerning fertilizer production and trade; carry out international cooperation in the fertilizer sector.

5. Provide training and refresher courses, disseminate legislative documents on fertilizers.

6. Organize inspection, supervision, settlement of complaints and denunciations and handling of violations concerning fertilizers.

7. Develop a system of laboratories capable of serving state management of fertilizers; designate referee laboratories which provide the conclusion upon disputes or denunciations regarding fertilizer testing results.

8. Announce list of fertilizers granted free sale in Vietnam on the web portal of the Plant Protection Department.

9. Delegate fertilizer management power to affiliates and localities; inspect fulfillment of fertilizer management responsibilities of localities; assign the Plant Protection Department to receive and handle administrative procedures within the competence of the Ministry of Agriculture and Rural Development and implement this Decree ex officio.

Article 26. Responsibilities of Departments of Agriculture and Rural Development

1. Propose incentive policies for production, trade and use of fertilizers within their provinces to provincial People’s Committees.

2. Receive, supervise and inspect declarations of conformity for fertilizers of organizations and individuals; inspect fertilizer testing and advertisement in provinces; announce list of organizations and individuals that have registered their declarations of conformity for fertilizers on the Departments’ web portals.

3. Take charge and cooperate with relevant bodies in educating and providing guidelines on laws and fertilizer quality information to producers, traders and consumers.

4. Inspect and handle administrative violations against fertilizer regulations within their provinces as prescribed by law. Periodically inspect eligibility for fertilizer trade within their provinces according to regulations of this Decree. Cooperate with the Ministry of Agriculture and Rural Development and relevant ministries and regulatory bodies in inspecting, monitoring, and settling complaints and denunciations; handle fertilizer production, trade and advertisement violations within their provinces.

5. Assign provincial plant protection and quarantine authorities to receive and handle administrative procedures within the competence of Departments of Agriculture and Rural Development; ex officio manage fertilizers in provinces and submit reports on performance of such task to the Plant Protection Department annually or upon request.

Chapter VI

IMPLEMENTATION CLAUSE

Article 27. Transitional clause

1. Results of fertilizer tests conducted according to regulations of the Government’s Decree No. 108/2017/ND-CP dated September 20, 2017 on fertilizer management and before the effective date of the Crop Production Law may continue to be used.

2. For licences, certificates, recognition decisions and quality inspections whose applications have been submitted before the effective date of this Decree but are not yet concluded, they shall be handled according to regulations of the Decree No. 108/2017/ND-CP.

3. If the fertilizer’s type, component or name in a Recognition Decision granted before the effective date of this Decree is against regulations of the national technical regulation on fertilizer quality, Appendix V enclosed with the Decree No. 108/2017/ND-CP may be used as the basis for certification of conformity and/or declaration of conformity for such fertilizer before the Recognition Decision expires. The competent authority shall consider and change the fertilizer’s type, component or name in the Recognition Decision according to the national technical regulation on fertilizer quality at the request of the organization or individual before the Recognition Decision expires.

4. The decisions on recognition of fertilizer testing eligibility issued according to regulations of the Decree No. 108/2017/ND-CP are equivalent to testing organization recognition decisions provided for in this Decree. 

5. Certificates of training in fertilizer sampling issued before the effective date of this Decree are equivalent to the fertilizer sampling certificates prescribed in this Decree.

6. Fertilizers labeled according to regulations of the Decree No. 108/2017/ND-CP and produced, imported, traded and used before the effective date of the Crop Production Law may continue to be traded and used until the expiration date written on their labels. Fertilizer labels and packaging containing fertilizer labels in compliance with regulations of the Decree No. 108/2017/ND-CP that were produced or printed before the effective date of the Crop Production Law may continue to be used within 02 years starting from such effective date.

7. The fertilizer import permits issued according to regulations of the Decree No. 108/2017/ND-CP may continue to be used until they expire.

Article 28. Effect

1. This Decree takes effect from January 01, 2020.

2. The Government’s Decree No. 108/2017/ND-CP dated September 20, 2017 on fertilizer management is annulled from the date on which this Decree comes into force.

3. This Decree annuls the legislative documents included in Appendix III enclosed with this Decree.

Article 29. Implementation

1. The Minister of Agriculture and Rural Development shall provide guidelines for this Decree.

2. Ministers, heads of Ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decree./.

ANNEX I

(Attached to Decree No. 84/2019/ND-CP dated November 14, 2019 of Government)

Form No. 1

APPLICATION FOR ISSUANCE/RE-ISSUANCE/EXTENSION OF DECISION ON RECOGNITION OF FERTILIZER FOR TRADE IN VIETNAM

To: Plant Protection Department.

Name of applicant organization, individual:……………………………………………………….

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

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

Phone: ……………………. Fax: ……………………. E-mail: ………………………………..

APPLICATION

□ Issuance of

  □ Fertilizer researched or created domestically;

  □ Fertilizer imported in Vietnam for the first time;

  □ Fertilizer recognized for circulation applied for change in quality indicator (other than humidity, mass or density, pHH2O, C/N ratio, pellet size) or use method, or cultivar target in use instruction.  

□ Re-issuance

  □ Change or revision to information of organization, individual with fertilizer recognized for circulation; loss or damaged Decision on recognizing fertilizer for circulation in Vietnam;

  □ Transfer of fertilizer name;

  □ Change to fertilizer name recognized for circulation.

□ Extension

Attached documents:

1. List of fertilizer under application for issuance/re-issuance/extension of decision on recognition of fertilizer for trade in Vietnam.

2. Report on manufacturing, import, export, and use of fertilizer (in case of extension).

3. Decision on recognition as technical advance regarding fertilizer products according to Law on Technology Transfer (No. …………. dated ……………… of ……………… (issuing entity), the case under Point d Clause 2 Article 39 of Law on Cultivation).

4. ………………………………………………………………………………………………….

We hereby guarantee the accuracy and compliance with regulations and law on fertilizer of information herein./.

____________________

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

(2) Not applicable in case re-issuance or extension does not lead to changes to use instruction.

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

(5) Applicable only in case of re-issuance and extension.

Form No. 2

REPORT

MANUFACTURING, IMPORT, EXPORT, AND USE OF FERTILIZER

To: Plant Protection Department

1. Information on organization, individual

Name of organization, individual: …………………………………………………………….

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

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

Phone: …………………. Fax: ……………………. E-mail: ………………………………..

2. Manufacturing, import, export of fertilizer during circulation

3. Use of fertilizer during circulation

3.1. Use conditions

3.2. Assess effectiveness of changes in dose and period of use

4. Propositions (if any)

4.1. Propositions regarding changes to dose, period of use; quality indicators regarding humidity, mass, density, pHH2O, C/N ratio, pellet size; limited factors regarding biuret, cadmium, free acid, and reason of changes.

4.2. Other propositions.

4.3. Attachments serving as the basis and presentation for propositions under 4.1 and 4.2.

Form No. 3

DECISION

RECOGNITION OF FERTILIZER IN CIRCULATION IN VIETNAM

DIRECTOR OF PLANT PROTECTION DEPARTMENT

Pursuant to Law on Cultivation dated November 19, 2018;

Pursuant to Decree No. …../2019/ND-CP dated ……………, 2019 of the Government on management of fertilizer;

Pursuant to Decision No. ……………… functions, tasks, entitlements and organizational structure of Plant Protection Department;

At the request of ………………………………(1),

HEREBY DECIDES:

Article 1. Recognize ……(2)……. fertilizer in circulation in Vietnam of the following organization, individual:

Name of registering organization, individual: ………………………………………………….

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

Phone: ……………………………………. Fax: …………………….

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

Article 2. This Decision comes into force from ……………. (date) to ………………. (date).

Article 3. Organization, individual under Article 1 and relevant agencies, organizations are responsible for implementation hereof./.

____________________

(1) Head of entity affiliated to competent agency capable of assigning task of appraising application for fertilizer recognition.

(2) Quantity in number and word.

Form No. 4

APPLICATION FOR RECOGNITION OF FERTILIZER TESTING ORGANIZATION

To: ........................... (1)

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

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

Phone: ……………………. Fax: ……………………. E-mail: …………………………..

3. Full name and phone number of contact person: ……………………………………….

4. Decision on establishment (if any)/Enterprise registration/Decision on functions, tasks, powers No. ……………………..

Issuing body: ………………………… date of issue: ……………… in: ………………….

5. Attached documents:

…………………………………………………………………………………………..

…………………………………………………………………………………………..

……(1)…… is hereby requested to recognize ……(2)…… as fertilizer testing organization.

We hereby guarantee the accuracy and compliance with regulations and law on fertilizer of information herein./.

____________________

1) Name of competent agency.

2) Name of applicant organization.

Form No. 5

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

(Location and date)

PRESENTATION REGARDING CONDITIONS OF FERTILIZER TESTING

To: ...........................

1. Name of organization: …………………………………………………………………………

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

Phone: ……………………… Fax:……………………….. E-mail: ……………………………

2. Human resources (individuals in charge of testing and individuals conducting testing)

3. Facilities prescribed under National Technical Regulations on testing

a) Location of testing

Note: (Organization) shall attach documents proving declared information.

b) Area for sample processing and storage:

c) Name and quantity of equipment, analysis software processing figures and testing results: ……………………………

d) Equipment of testing room (if any): ………………………………

dd) Equipment serving testing:

e) Other equipment requested according to National Standards on fertilizer testing.

4. Results of fertilizer testing (if any): Tests, and research results conducted by organization applying for conducting fertilizer testing.

5. Commitment of organization applying for fertilizer testing:

- Implement regulations on recognizing testing organization.

- Satisfy requirements of competent agencies when assessing and recognizing testing organization.

- We hereby guarantee the accuracy of information declared above and assume legal responsibilities for the declared information and attach the following documents as proof for declared information./.

Form No. 6

DECISION

ON RECOGNITION OF FERTILIZER TESTING ORGANIZATION

DIRECTOR OF PLANT PROTECTION DEPARTMENT

Pursuant to Law on Cultivation dated November 19, 2018;

Pursuant to Decree No. ………/2019/ND-CP dated ……………, 2019 of the Government on management of fertilizer;

Pursuant to Decision No. ……………… functions, tasks, entitlements and organizational structure of Plant Protection Department;

At the request of ………………………………………. (1),

HEREBY DECIDES:

Article 1. Recognize ………(2)………. affiliated to …………… (name of presiding entity, if any), in …………………………. (address) as an organization eligible for conducting fertilizer testing.

Article 2. ………(2)………. is responsible for:

1. Complying with regulations and law on fertilizer testing in Vietnam and guidelines of Plant Protection Department.

2. Maintaining fertilizer testing eligibility during operation.

Article 3. This Decision comes into effect from the day of signing.

Organization, individual under Article 1 and relevant agencies, organizations are responsible for implementation hereof./.

____________________

(1) Head of entity affiliated to competent agency capable of assigning task of appraising application for recognition of fertilizer testing organization.

(2) Name of fertilizer testing organization.

Form No. 7

APPLICATION FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR MANUFACTURING FERTILIZER

To: ……………………………………………(1)

Name of applicant: …………………………………………………………………………

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

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

Phone: ……………………. Fax: ……………………. E-mail: …………………………………

Fertilizer manufacturing address: …………………………………………….

Hereby apply for issuance of Certificate of eligibility for manufacturing fertilizer

Model of manufacturing:

□ Fertilizer manufacturing

□ Fertilizer packaging

Methods of issuance:

□ New issuance

□ Re-issuance (the ……th time)

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

Attached documents:

…………………………………………………………………………………………………

We hereby guarantee the accuracy and compliance with regulations and law on fertilizer of information herein./.

____________________

(1) Name of competent agency.

Form No. 08

APPLICATION FOR ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF ELIGIBILITY FOR SELLING FERTILIZER

To: ………………………………(1)

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

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

Enterprise registration certificate/Business registration/Business household registration/Decision on establishment: No. ……………………… date ………………………. Place of issue: …………………………………………………

Name of facility owner/legal representative: ……………………………………

Phone: ……………………… Fax: ………………… E-mail: ………………………………..

ID Card/Citizen Identity Card No. …………… date of issue: ………… place of issue: …………

2. Address of fertilizer storage (if any): ………………………………………

Hereby apply for issuance of Certificate of eligibility for selling fertilizer

□ Issuance                      □ Re-issuance (the …th time)

Reasons for re-issuance: …………………………………………………………………

Attached documents:

…………………………………………………………………………………………….

We hereby comply with regulations and law on fertilizer and relevant law provisions./.

____________________

(1) Name of competent agency.

Form No. 09

PRESENTATION REGARDING FERTILIZER MANUFACTURING CONDITIONS

To: Plant Protection Department

I. INFORMATION ON ORGANIZATION, INDIVIDUAL

1. Name of organization, individual: …………………………………………………………….

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

Phone: ……………..…………………… Fax: ………………………………………………..

E-mail: ……………………………………… Website: ……………………………………………

2. Legal representative of organization, individual:

Full name: ………………………………………………………………………………

Title: ……………………………………………………………………………..

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

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

Phone: ………………. Fax: ……………………., Email: ……………………

3. Individual managing and coordinating production:

Full name: ………………………………………………………………………………

Title: …………………………………………………………………………….

Phone: …………………………………. Fax: ……………………. E-mail: ……………………

II. INFORMATION ON MANUFACTURING CONDITIONS

1. Workshop:

- Overall graph (attached drawing)

- Workshop area (m2): ……………………………, in which:

+ Production area (m2): ……………………………………………………………

+ Ingredient storage area (m2): …………………………………………………………

+ Final product storage area (m2): …………………………………………………………

2. List of technical lines, machinery, equipment serving fertilizer production:

3. Design drawing of manufacturing line (attached drawing)

4. Manufacturing process graph and explanation: …………………………………………..

5. Worker directly manufacturing fertilizer (expected): …………………………………….

6. Type of fertilizer and capacity registered

7. Quality control

□ Having testing room conforming to ISO 17025 Standard

□ Entering into contract with designated testing organization (Name of testing organization:

…………………………..)

8. Quality control system conforming to ISO 9001 or equivalent (Name of certification body: ……………………………….).

9. Documents attached to presentation (if any): ………………………………………

Form No. 10

CERTIFICATE OF ELIGIBILITY FOR MANUFACTURING FERTILIZER

Form No. 11

CERTIFICATE OF ELIGIBILITY FOR SELLING FERTILIZER

No. ……………/GCN-BBP

Name of organization, individual: …………………………………………………………….

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

Phone: ……………………… Fax: ………………………………………………..

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

Legal representative of organization, individual: ………………………………………………….

ID Card/Citizen Identity Card No. …………… date of issue: ………… place of issue: ………… Place of issue: …………………

Is certified for eligibility for selling fertilizer.

____________________

(1) Name of competent agency.

Form No. 12

RECORD OF INSPECTION

Fertilizer manufacturing or selling conditions  

Pursuant to Law on Cultivation dated November 19, 2018;

Pursuant to Decree No. ……………. dated ……………, …… of the Government on management of fertilizer;

Pursuant to Decision No. ………. dated …………… of ……………… (1) on establishment of inspectorate.

Today, on ……………………… (date) in ……………………… (location)

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

The parties include:

Representative of inspectorate:

1. Mr/Ms/Mrs: ……………………………………………, Title: …………………………

2. Mr/Ms/Mrs: ……………………………………………, Title: …………………………

Representative of fertilizer selling/manufacturing organization, individual:

1. Mr/Ms/Mrs: ……………………………………………, Title: …………………………

2. Mr/Ms/Mrs: ……………………………………………, Title: …………………………

I. INSPECTION DETAILS

…………………………………………………………………………………………………

II. INSPECTION RESULTS

(specify assessment of each criteria as per the law)

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

III. CONCLUSION OF INSPECTORATE

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

IV. RECOMMENDATIONS OF INSPECTORATE

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

V. REMARKS OF FERTILIZER SELLING/MANUFACTURING ORGANIZATION, INDIVIDUAL

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

The inspection concludes at …………… (time) on …………………….. (date).

The inspectorate, representative of fertilizer selling/manufacturing organization, individual have acknowledged and signed the record.  The records shall be made into 2 copies with equivalent legitimacy. The inspectorate shall retain 1 copy and the ………………… shall retain the other copy as basis for implementation.

____________________

(1) Name of competent agency.

Form No. 13

APPLICATION FOR IMPORTING FERTILIZER

To: Plant Protection Department

1. Name of organization, individual: …………………………………………………………….

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

Phone: …………………………………………………………… Fax:…………………………………………………………………

2. Name of fertilizer: ………………………………………………………………………

3. Import amount: ………………………………………………………………….

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

5. Purpose of import

□ Fertilizer for testing

□ Fertilizer for sports yard, recreational parks

□ Fertilizer for overseas projects in Vietnam

□ Fertilizer serving as gifts and samples

□ Fertilizer for participation in fairs and exhibitions

□ Fertilizer for scientific research

□ Fertilizer serving as ingredients for manufacturing other fertilizers

□ Fertilizer temporarily imported for re-exported, fertilizer transited or in transit in Vietnamese border; fertilizer sent to bonded warehouses; fertilizer imported to export-processing zones

6. Time of import (estimated): …………………………………………………………

7. Checkpoint of import (estimated): …………………………………………………………

8. Attached documents: ………………………………………………………………………………………………

We hereby guarantee to comply with applicable regulations and law relating to import fertilizer.

For contact purposes, address: ………………, Phone: ………………, Fax: ………………………, E-mail: ……………………

Form No. 14

TECHNICAL DECLARATION

1. Name of fertilizer: ………………………………………………………………………

Other name (if any): ………………………………………………………………….

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

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

5. Use method: Root fertilization □; Leaf fertilization □

6. Fertilizer form: Solid □; Liquid □

7. Packaging (specify type of packaging, weight, or volume): ………………………………

8. Quality indicators (by manufacturer’s standards)

9. Limited elements in fertilizer (according to technical regulations if any)

11. Use instruction (1):  

- Use for plants: …………………………………………………….

- Use dose/area, specify for each type of plant: ………………………………….

- Use area, specify for each type of plant: ………………………………….

- Other recommendations during use: ……………………………………………………….

12. Warnings regarding negative impacts on health and/or environment: ………………………………………….

We hereby ensure and assume responsibilities for the accuracy of information declared herein, and guarantee to comply with applicable regulations and law relating to import fertilizer.

____________________

(1) Only declare when importing fertilizer under Points a, b, c, and e Clause 2 Article 44 of Law on Cultivation.

Form No. 15

FERTILIZER IMPORT PERMIT

To: ………………………………(1)

Considering application for importing fertilizer dated …………………… of …………….. (1), in ………………………… (address), the Plant Protection Department remarks as follows:

1. Allow ………………(1) to import the following fertilizer(s):

2. Purpose of import: ……………………………………………………………………

3. Checkpoint of import: …………………………………………………………

4. The abovementioned fertilizers shall only be used for purposes under section 2 hereof.

5. ……………………. (1) is responsible for submitting reports on fertilizer import results to Plant Protection Department after import.

6. The permit shall remain valid for 1 year from the date of issue./.

____________________

(1) Name of importing organization, individual.

Form No. 16

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

REGISTRATION FOR STATE INSPECTION REGARDING QUALITY OF IMPORT FERTILIZER

(Valid until ……………………)

To: ……………………………………………(1)

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

Phone:……………………………………………………. Fax: …………………….

Organization, individual: …………………………………………………………….

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

Phone:……………………………………………………. Fax: …………………….

Registers for quality inspection of the following fertilizer:

Registers for inspection of aforementioned shipment in (location and graph of fertilizer storage for inspection):

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

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

We hereby guarantee and assume legal responsibilities for:

1. Adequacy and legitimacy of the documents;

2. Maintaining commodity conditions at the location of registration above and presenting commodities with customs documents to enable …………(1) to conduct quality inspection;

3. Only bringing fertilizers into manufacturing, sale, and use after being concluded by ……………(1) as qualified shipment under notice on state inspection results regarding quality of import fertilizer.

____________________

(1) Name of state inspecting authority.

Form No. 17

RECORD OF SAMPLING FOR STATE INSPECTION
REGARDING QUALITY OF IMPORT FERTILIZER

According to application for inspection: …………………… dated …………………

Name of fertilizer importing organization, individual: …………………………………………………………….

Name of representative of fertilizer importing organization, individual: …………………………………………………………….

Location of sampling: ……………………………………………………………..………………

Duration of sampling: ..........................................................................................................

Name individual collecting sample: ………………………………………………….

1. Detailed information on sampling:

2. Characteristics of fertilizer shipment:

Date of manufacture: ………………………. Expiry date: ……………………………………

Packaging method: ……………………………………………….

Manufacturer: ……………………………………………………………………………………….. Origin: …………………………….

Shipment condition: □ Intact □ Not intact (detailed description) …………………………

Labelling: □ Conforming to regulations on labelling and applications for inspection

□ Not conforming to regulations on labelling and applications for inspection

Reasons for failure to conform: ………………………………………………

(Detail images)

3. Criteria of inspection/testing: .…………………………………………….

4. Other details (if any): ………………………………………………………………….

Samples are collected and sealed under witness of Mr/Ms/Mrs. …………………… representing …………………… (name of fertilizer importing organization, individual).

Each sample shall be separated into 3 units where 1 unit for testing, 1 unit for storage in …………………… (name of fertilizer importing organization, individual), and 1 unit for storage in ……………………. (state inspecting authority).

The record is made into 02 identical copies and approved by both parties, each party will keep 01 copy.

REPRESENTATIVE OF STATE INSPECTING AUTHORITY
(Signature and full name)

Form No. 18

NOTICE ON STATE INSPECTION RESULTS REGARDING QUALITY OF IMPORT FERTILIZER

Name of fertilizer: ………………………………………………………………………

Code of fertilizer: ………………………………………………………………………

Date of manufacture: ……………………., Expiry date: …………………., Origin: …………

Quantity: ………………………. Weight: …………………………………….

Under customs declaration No. ……………… dated ………………………………….

With customs procedures adopted in customs authority of: ……………………………

Agreement No. ………………… dated ……………………………………….

Lists of commodities ………………………………………………………….

Invoice No. …………………………………………………………………………

Bill of lading No. …………………………………………………………………………

Importing organization, individual: …………………………………………………………….

Address, phone number: ………………………………………………………………………

Application for registration No. …………………………………………………….

Location of sampling: ……………………………………………………………..………………

Basis for inspection ……………………………………………………………………………….

INSPECTION RESULTS

□ The shipment is qualified for import quality

□ The shipment is not qualified for import quality (specify reasons for failure to quality and attach detailed inspection results)

Form No. 19

Mr./Ms./Mrs. …………………………………………………………………………….

Date of birth: ………………………………………………………………….

Place of birth: …………………………………………………………………………

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

Has completed “fertilizer sampling” training program

From ……………… (date) to ……………… (date).

In …………………………………………………………………………….

This Certificate is valid nationwide and lasts indefinitely.

____________________

(1) Name of competent authority.

Form No. 20

APPLICATION

APPLICATION FOR VERIFYING FERTILIZER ADVERTISEMENT

To: ………………………………(1)

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

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

Phone:……………………………………………………. Fax: ………………………………………. E-mail: ………………………………..

Full name and phone number of individual in charge of application: …………………..

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

Has the honor to request ………………(1) to review and verify advertisement for following fertilizer:

Attached documents:

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

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

We hereby guarantee to adhere to verified advertisement contents, and comply with regulations and law on fertilizer management and other regulations on advertisement. We shall assume full legal responsibilities for any false advertisement./.

____________________

(1) Name of competent authority.

Form No. 21

VERIFICATION OF ADVERTISEMENT

1. Advertisement media

(In case of advertisement on radio newspaper, television newspaper, or printed newspapers, specify name of the newspaper where the advertisement is put; in case of advertisement in conventions, conferences, or events, specify specific time and location of organization and name of reporters)

…………………………………………………………………………………………………

…………………………………………………………………………………………………

2. Contents of advertisement: Conform to Decision recognizing fertilizer in circulation in Vietnam regarding type of fertilizer, name of fertilizer, quality indicators, use methods, target plat, use dose.

3. Advertisement effect (2): ………………………………………………..

Organization/individual is responsible for advertising according to verification.

____________________

(1) Name of competent authority.

(2) Effectiveness of advertisement shall equal effectiveness of Decision recognizing fertilizer in circulation in Vietnam.

ANNEX II

LINES, MACHINERY, AND EQUIPMENT FOR FERTILIZER MANUFACTURING
(Attached to Decree No. 84/2019/ND-CP dated November 14, 2019 of the Government)

Lines, machinery, and equipment satisfactory to manufacturing procedures for each type and form of fertilizer according to Point b Clause 2 Article 41 of the Law on Cultivation are elaborated as follows:

1. Manufacturing of solid fertilizer (powder, grain, pellet) requires conveyor belt (except for lines with capacity < 1,000 tonne/year) to transport ingredients to mixers or from mixers to final product containers. Manufacturing of fertilizer by using mixing technology requires machinery with mechanisms that spin, stir, or rotate ingredients or semi-finished products to mix and create final products.  Manufacturing of fertilizer in grains or pellets by using technologies that granulate or create pellets from ingredients requires machines and equipment for granulating and creating pellets. Manufacturing of powder fertilizers requires milling machines or filtering machines for ingredients.

2. Manufacturing of liquid fertilizer requires containers for ingredients and semi-finished products, spinning or stirring containers utilizing mechanical or compressed gas force to mix and create final products, pipelines and pumps to transport ingredients to mixers and from mixers to containers before moving to machines for bottling and packaging final products.

3. Manufacturing fertilizer that requires humidity below 12% requires drying machinery or equipment during production lines. Fertilizer subject to pellet size requirements requires filtering.

4. Scale or measuring instrument with great accuracy as per metrology laws is required to control weight or volume of ingredients and final products.

5. Facilities that produce yeast to manufacture fertilizers that contain microorganisms require equipment for simulating environment, culturing, and preserving microorganisms.

6. Facilities that hydrolyze ingredient to manufacture fertilizer containing biological substances require hydrolysis equipment and equipment for controlling hydrolysis environment suitable with manufacturing process.

ANNEX III

LIST OF ANNULLED LEGISLATIVE DOCUMENTS ON MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
(Attached to Decree No. 84/2019/ND-CP dated November 14, 2019 of the Government)

1. Decision No. 219/1998/QD/BNN/KHCN dated December 30, 1998 of Minister of Agriculture and Rural Development adding 128 fertilizers to “List of fertilizers for use and circulation in Vietnam”.

2. Decision No. 74/2001/QD-BNN dated July 1, 2001 of Minister of Agriculture and Rural Development adding 9 fertilizers to “List of fertilizers for use and circulation in Vietnam”.

3. Decision No. 68/2003/QD-BNN dated June 16, 2003 of Minister of Agriculture and Rural Development on issuance of “List of fertilizers requiring declaration of quality standards”.

4. Decision No. 94/2006/QD-BNN dated October 23, 2004 of Minister of Agriculture and Rural Development on issuance of “List of fertilizers requiring adoption of sector standards”.

5. Decision No. 119/2006/QD-BNN dated December 29, 2006 of Minister of Agriculture and Rural Development on issuance of “List of fertilizers requiring quality certification conforming to sector standards”.

6. Decision No. 10/2007/QD-BNN dated February 6, 2007 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

7. Decision No. 59/2008/QD-BNN dated May 9, 2008 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

8. Decision No. 105/2008/QD-BNN dated October 22, 2008 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

9. Circular No. 17/2009/TT-BNN dated March 27, 2009 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

10. Circular No. 43/2009/TT-BNNPTNT dated July 14, 2009 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

11. Circular No. 62/2009/TT-BNNPTNT dated September 25, 2009 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

12. Circular No. 85/2009/TT-BNNPTNT dated December 30, 2009 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

13. Circular No. 40/2010/TT-BNNPTNT dated June 29, 2010 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

14. Clause 2 Article 1 of Circular No. 49/2010/TT-BNNPTNT dated August 24, 2010 of Minister of Agriculture and Rural Development on issuance of “List of additional cultivars and fertilizers permitted for manufacture and use in Vietnam”.

15. Clause 3, Clause 4 Article 1 of Circular No. 65/2010/TT-BNNPTNT dated November 5, 2010 of Minister of Agriculture and Rural Development on issuance of “List of additional cultivars, fertilizers permitted for manufacture and use and List of veterinary drugs, vaccines, biological preparations, microorganisms, and chemicals used in animal health permitted for circulation in Vietnam”.

16. Clause 2, Clause 3 Article 1 of Circular No. 70/2010/TT-BNNPTNT dated December 8, 2010 of Minister of Agriculture and Rural Development on issuance of “List of additional cultivars and fertilizers permitted for manufacture and use in Vietnam”.

17. Circular No. 29/2011/TT-BNNPTNT dated April 15, 2011 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

18. Circular No. 42/2011/TT-BNNPTNT dated June 06, 2011 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

19. Circular No. 59/2011/TT-BNNPTNT dated August 30, 2011 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

20. Circular No. 86/2011/TT-BNNPTNT dated December 16, 2011 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

21. Circular No. 13/2012/TT-BNNPTNT dated March 19, 2012 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

22. Circular No. 31/2012/TT-BNNPTNT dated July 20, 2012 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

23. Circular No. 45/2012/TT-BNNPTNT dated September 12, 2012 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

24. Circular No. 64/2012/TT-BNNPTNT dated December 24, 2012 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

25. Circular No. 38/2013/TT-BNNPTNT dated August 9, 2013 of Minister of Agriculture and Rural Development on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

26. Circular No. 19/2014/TT-BNNPTNT dated June 23, 2014 of Minister of Agriculture and Rural Development on amendment to Circular No. 38/2013/TT-BNNPTNT dated August 9, 2013 on issuance of “List of additional fertilizers permitted for manufacture and use in Vietnam”.

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