Chương III Luật Trồng trọt 2018: Phân bón

Chapter III

FERTILIZERS

Section 1. RECOGNITION OF FERTILIZERS IN CIRCULATION AND TESTING OF FERTILIZERS

Article 36. Requirements concerning recognition of fertilizers in circulation and classification of fertilizers

1. Fertilizers are conditional commodities and must obtain the decision on recognition of fertilizers in circulation in Vietnam, except for organic fertilizers manufactured for non-commercial uses or imported fertilizers prescribed in clause 2 of Article 44 hereof; fertilizers manufactured for export under contracts with foreign organizations and individuals.

2. The validity period of the decision on recognition of fertilizers in circulation in Vietnam shall be 05 years and may be extended.

3. Domestic organizations and individuals, or overseas organizations and individuals setting up their representative offices, or branches of companies operating in the fertilizer industry, within the territory of Vietnam, may register recognition of fertilizers in their own names.

4. Each organization or individual may apply for registration of recognition of only one fertilizer name for each ingredient formula and nutritional contents.

5. The Government shall regulate classification of fertilizers.

Article 37. Issuance, reissuance and renewal of the decision on recognition of fertilizers in circulation in Vietnam

1. Requirements for issuance of the decision on recognition of fertilizers in circulation in Vietnam shall be specified as follows:

a) Meet quality indicators according to national technical standards regarding fertilizer quality;

b) Gain testing results conforming to national standards, except the fertilizers referred to in clause 2 of Article 39 herein.

2. The decision on recognition of fertilizer in circulation in Vietnam may be re-issued in the following cases:

a) Information relating to organizations or individuals mentioned in the decision on recognition of fertilizer in circulation has been changed or supplemented;

b) The decision on recognition of fertilizer in circulation has been lost or damaged;

c) The fertilizer name has changed according to the decision of the competent State regulatory authority or the court’s judgment or decision in case of violation of the law on intellectual property.

3. The decision on recognition of fertilizer in circulation in Vietnam may be extended if the following requirements are met:

a) An organization or individual makes its/his/her request for such extension;

b) Quality indicators defined according to national technical standards regarding fertilizer quality have all been met;

c) The review report on manufacturing, export, import and utilization of fertilizers has been made in accordance with regulations in force.

4. The Government shall regulate application documents, processes, procedures for, authority over issuance, re-issuance and renewal of the decision on recognition of fertilizer in circulation in Vietnam.

Article 38. Revocation of the decision on recognition of fertilizer in circulation in Vietnam

1. The decision on recognition of fertilizer in circulation in Vietnam may be revoked in the following cases:

a) Have scientific evidences on high-risk fertilizers, which are likely to cause adverse impacts on human health and the environment;

b) Detect the use of fake documents or provision of information in fertilizer-related documents incorrect with those of the fertilizers already recognized for circulation.

2. The revocation of the decision on recognition of fertilizer in circulation in Vietnam shall be subject to the following regulations:

a) For the case specified at point a of clause 1 of this Article, the specialized fertilizer management agency shall synthesize information in order to assess and consider annulment of the decision on recognition of fertilizer in circulation in Vietnam. Organizations and individuals may produce and/or import registered fertilizers for the maximum period of 06 months; may be traded and/or used up to 12 months from the effective date of the decision on annulment of the decision on recognition of fertilizer in circulation in Vietnam;

b) For the case specified at point b of clause 1 of this Article, the specialized fertilizer management agency shall carry out inspection and review of documents and materials on recognition of fertilizers in order to consider annulment of the decision on recognition of fertilizer in circulation in Vietnam. Affected organizations and individuals shall be required to promptly terminate the production, import, trading and utilization of fertilizers from the effective date of the decision on annulment of the decision on recognition of fertilizer in circulation in Vietnam.

3. The Government shall regulate application documents, processes, procedures for, authority over the annulment of the decision on recognition of fertilizer in circulation in Vietnam.

Article 39. Fertilizer testing requirements

1. Fertilizers must be subject to testing before being recognized for circulation, except for the fertilizers stipulated in clause 2 of this Article.

2. Fertilizers shall not be subject to testing, including:

a) Organic fertilizers used for fertilizing roots that are formulated by natural organic ingredients and meet quality indicators defined in national technical regulations;

b) Single fertilizers used for fertilizing roots that are formulated only by nitrogen (N) or phosphorus (P) or potassium (K) and meet quality indicators defined in national technical regulations;

c) Inorganic compound fertilizers used for fertilizing roots that are formulated only by such nutrient elements as nitrogen (N), phosphorus (P) and potassium (K) joining together by chemical bonds, and meet quality indicators defined in national technical regulations;

d) Fertilizers recognized by competent regulatory authorities as technical advances.

3. Fertilizers may be subject to both wide and narrow testing; the wide testing may be conducted only after completion of the narrow testing.

4. Fertilizer testing carried out according to national standards shall be conducted by accredited testing organizations.

5. Amount of fertilizer allowed to be produced or imported for testing shall be determined based on the dosage of administration for each plant and the actual testing area according to national standards regarding fertilizer testing.

Article 40. Requirements for recognition of fertilizer testing organizations

1. Fertilizer testing organization must conform to the following requirements:

a) Persons directly in charge of testing must hold a university or higher degree in one of the following specialties: crop production, plant protection, agro-chemical, pedology, soil science, agronomy, chemistry, biology and must have certificates of completion of training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development.

b) Having the adequate number of testing personnel, except persons directly in charge of testing, who must hold a university or higher degree in one of the specialties specified in point a of clause 1 of this Article and must complete training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development;

c) Having adequate facilities and equipment conforming to national standards regarding fertilizer testing.

2. The Government shall regulate the minimum number of testing personnel working for fertilizer testing organizations; application documents, processes and procedures for and authority over issuance and withdrawal of the decision on recognition of fertilizer testing organizations.

Section 2. PRODUCTION AND TRADING OF FERTILIZERS

Article 41. Fertilizer production requirements

1. Organizations or individuals producing fertilizers must hold certificates of conformance to fertilizer production regulations.

2. Requirements for issuance of certificates of conformance to fertilizer production regulations shall include the followings:

a) They must have production locations and workshops commensurate with the fertilizer production scale;

b) They must have production lines, machinery and equipment appropriate for the process of production of each type or form of fertilizer;

c) They must have laboratories or enter into contracts with other designated testing organizations to assess quality indicators of their fertilizers.

d) They must establish an appropriate quality management system compatible with quality management standards issued by the international standardization organization;

dd) They must set up spacious areas intended for separate storage of raw materials and finished products;

e) Persons directly managing manufacturing of fertilizers must hold university or higher degrees in one of the following specialties such as crop farming, plant protection, agro-chemistry, pedology, agronomy, chemistry and biology.

3. Each certificate of conformance to fertilizer production regulations shall be valid for 05 years and may be re-issued.

4. The Government shall specifically regulate application and documentation requirements, processes, procedures for and authority over issuance, re-issuance and revocation of the certificate of conformance to fertilizer production regulations.

Article 42. Fertilizer trading requirements

1. Organizations and individuals trading fertilizers must hold certificates of conformance to fertilizer trading regulations; in case of trading fertilizers manufactured by themselves, they shall not be required to obtain certificates of conformance to fertilizer trading regulations.

2. Requirements for issuance of certificates of conformance to fertilizer trading regulations shall include the followings:

a) They must have legitimate and express business addressed;

b) They must have all required documents and materials on tracing of the fertilizer origin in accordance with regulations in force;

c) Persons directly selling fertilizers must hold certificates of professional training in fertilizers according to the instructions of the Ministry of Agriculture and Rural Development, except in cases where they have obtained secondary education or higher degrees in one of the following specialties: crop production, plant protection, agro-chemical soil, agronomy, chemistry and biology.

3. The Government shall elaborate on application and documentation requirements, processes, procedures, time limits for and authority over issuance, re-issuance and revocation of the certificate of conformance to fertilizer trading regulations.

Section 3. EXPORT AND IMPORT OF FERTILIZERS

Article 43. Fertilizer export

The fertilizer export shall be subject to provisions of laws on commerce, foreign trade management or upon the importing country’s request.

Article 44. Fertilizer import

1. Organizations and individuals that have fertilizers already obtaining the decision on recognition of fertilizer in circulation in Vietnam may import or authorize other organizations and individuals to import fertilizers in such decision without having to hold fertilizer import permits.

2. In order to import fertilizers that have not yet been recognized for circulation in Vietnam, importing organizations and individuals shall be required to hold permits for import of the following types of fertilizer:

a) Fertilizers used for testing purposes;

b) Specialized fertilizers used for sport grounds and amusement parks;

c) Fertilizers used in foreign projects located in Vietnam;

d) Fertilizers used as gifts or sample products;

dd) Fertilizers used in fairs and exhibitions;

e) Fertilizers for scientific researches;

g) Fertilizers used as raw materials for production of other fertilizers;

h) Fertilizers temporarily imported and re-exported or in transit of merchanting trade across Vietnamese bordergates; fertilizers sent to bonded warehouses; fertilizers imported into export processing zones.

3. The Government shall regulate application requirements, procedures and processes and authority over issuance of the fertilizer import permit.

Section 4. QUALITY MANAGEMENT, NAMES, LABELS AND ADVERTISING OF FERTILIZERS

Article 45. Fertilizer quality management

1. Fertilizer quality shall be managed under the provisions of the law on product and commodity quality.

2. In order for conformity assessment organizations to carry out testing, evaluation, audit and certification of the quality of fertilizers to serve the needs of state management of fertilizers, they must be awarded certification in their scope of service according to the provisions of the law on requirements for conformity assessment service business and must be designated by the Ministry of Agriculture and Rural Development in accordance with legislation on product and commodity quality.

3. Sampling of fertilizers for testing of quality thereof for state management purposes must be conducted by persons awarded certificates of eligibility for sampling of fertilizers.

4. The Government shall regulate contents, duration of and authority over issuance of the certificate of eligibility for sampling of fertilizers.

Article 46. State inspection of quality of imported fertilizers

1. Imported fertilizers shall be subject to the state inspection of quality, except the imported fertilizers referred to in point a, d, dd, e and h of clause 2 of Article 44 herein.

2. The state inspection of quality of imported fertilizers shall be carried out by fertilizer administrations affiliated to the Ministry of Agriculture and Rural Development.

3. Documents on the state inspection of fertilizer quality must be stored for the minimum period of 05 years from the date of issuance of the notification of state inspection results.

4. The Government shall regulate application requirements, procedures, processes for and contents of the state inspection of quality of imported fertilizers.

Article 47. Fertilizer names

1. In order to be registered, the name of a fertilizer shall not be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam.

2. The name of a fertilizer shall not give misleading information about the nature, effects, ingredients and type of that fertilizer.

3. The name of a fertilizer shall not violate historical, cultural traditions, moral standards, traditional values and customs; shall not be read or written like the names of great leaders, national heroes, celebrities, foods, beverages and pharmaceuticals. Using the name of a state agency, people's armed force unit, political organization, socio-political organization, socio-political-professional organization, social organization or socio-professional organization as a part or the whole of the name of the fertilizer shall not be allowed, unless otherwise approved by concerned agencies, organizations or units.

4. With regard to a mixed fertilizer, in case where the name of an ingredient is used as the name or part of the name of that fertilizer, it must be structured in the following order: the name of the fertilizer type, ingredient, particular notation, indicators showing quantity of each ingredients contained in the name and other special symbols (if any).

Ingredients and indicators showing quantities of specific ingredients must be arranged in the following order: the names of macronutrient elements such as nitrogen (N), phosphorus (P) and potassium (K), secondary nutrient elements, micronutrient elements, organic substances and other supplements (if any).

Article 48. Fertilizer labeling

1. Fertilizers sold on the market must be labeled in accordance with laws on commodity labels and each label must contain the following information:

a) Fertilizer type;

b) Fertilizer code;

c) As for foliar fertilizers, clearly inscribing the phrase "Foliar fertilizer".

2. Information inscribed on labels must be the same as those defined in the decision on recognition of fertilizer in circulation in Vietnam.

Article 49. Fertilizer advertising

1. Organizations and individuals advertising fertilizers shall comply with laws on advertising.

2. The Government shall regulate application requirements, procedures, processes for and authority over endorsement of fertilizer advertising contents.

Section 5. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS OPERATING IN THE FERTILIZER SECTOR

Article 50. Rights and obligations of fertilizer production organizations and individuals

1. Fertilizer production organizations and individuals shall have the following rights:

a) Manufacture fertilizers recognized for circulation in Vietnam;

b) Manufacture fertilizers for export under contracts with other foreign organizations and individuals;

c) Advertise fertilizers in accordance with Article 49 hereof;

d) Obtain permission to sell fertilizers produced at their expense.

2. Fertilizer production organizations and individuals shall have the following obligations:

a) Maintain strict conformance to fertilizer production regulations as provided in Article 41 hereof during the period of production of fertilizers;

b) Manufacture fertilizers according to national technical regulations and standards declared to be in force;

c) Comply with contents of the certificate of conformance to fertilizer production regulations;

d) Conduct tests on each fertilizer batch before selling it on the market. Retain test results during the shelf life of each fertilizer batch and preserve retention samples for the period of 06 months from the sampling date;

dd) Recall and handle fertilizers failing to meet quality standards and compensate for any loss in accordance with laws;

e) Submit to the inspection and audit conducted by competent authorities;

g) Organize training in and provide instructions for use of fertilizers; provide professional training for workers directly manufacturing fertilizers;

h) On an annual basis, send a review report on production, export and import of fertilizers to the relevant competent authority or make irregular reports upon request;

i) Comply with legislative regulations on fire prevention and fighting, chemicals, labor, environment and other relevant laws.

Article 51. Rights and obligations of fertilizer trading organizations and individuals

1. Fertilizer trading organizations and individuals shall have the following rights:

a) Trade fertilizers recognized for circulation in Vietnam;

b) Have access to information and instructions for use of fertilizers, and professional training in fertilizers.

2. Fertilizer trading organizations and individuals shall have the following obligations:

a) Maintain strict conformance to fertilizer trading regulations as provided in Article 42 hereof during the period of permission for trades in fertilizers;

b) Keep fertilizers at dry places. Keeping fertilizers with other commodities that is likely to affect the fertilizer quality shall be prohibited;

c) Check the fertilizer origin, label, standard conformity mark, regulation conformity mark and other documents relating to fertilizer quality;

d) Submit to the inspection and audit conducted by competent authorities;

dd) Provide legitimate evidencing documents in order to trace the fertilizer origin;

e) Pay compensations for any losses that may arise in accordance with laws;

g) Provide instructions for use of fertilizers according to information inscribed on the fertilizer label;

h) Comply with legislative regulations on fire prevention and fighting, chemicals, labor, environment and other relevant laws.

Article 52. Rights and obligations of fertilizer testing organizations

1. Fertilizer testing organizations shall have the following rights:

a) Conduct testing of fertilizers under terms and conditions of contracts with requesting organizations or individuals;

b) Receive payments for testing of fertilizers under terms and conditions of contracts with requesting organizations or individuals;

2. Fertilizer testing organizations shall have the following obligations:

a) Meet requirements set out in Article 40 hereof;

b) Carry out testing of fertilizers in an objective and accurate manner;

c) Comply with technical regulations, standards and testing requirements;

d) Report test results and bear legal liabilities for test results;

dd) Retain the field log, raw data, testing scheme, and testing result report for a period of 05 years from the completion date;

e) Submit to the inspection, audit and oversight of testing activities conducted by competent authorities;

g) Pay compensations for any losses that may arise in accordance with laws;

h) Send the fertilizer testing scheme to a relevant competent authority at the place where testing occurs before commencement of testing;

i) On an annual basis, report fertilizer testing results to the Ministry of Agriculture and Rural Development or make spontaneous reports upon request.

Article 53. Rights and obligations of fertilizer sampling persons

1. Fertilizer sampling persons shall have the following rights:

a) Have access to information about fertilizer sampling activities;

b) Gain opportunities to attend fertilizer sampling training courses.

2. Fertilizer sampling persons shall have the following obligations:

a) Carry out sampling according to national standards regarding sampling of fertilizers and ensure objectivity during the sampling process;

b) Ensure security for information and data relating to sampling activities, except in the case where competent authorities need such data and information;

c) Bear responsibility before law for fertilizer sampling activities.

Article 54. Rights and obligations of organizations and individuals using fertilizers

1. Organizations and individuals using fertilizers shall have the following rights:

a) Have access to information and instructions for use of fertilizers;

b) Request fertilizer trading establishments to provide instructions for use of fertilizers according to information inscribed on a fertilizer label;

c) Receive compensations for any losses that may arise in accordance with laws.

2. Organizations and individuals using fertilizers shall have the following obligations:

a) Use fertilizers according to directions for use which are inscribed on the label;

b) Use fertilizers to ensure efficiency and safety for humans, animals, environment and food safety according to the principles of proper soil, proper types of plants, right doses, right time and proper administration.

3. The Ministry of Agriculture and Rural Development shall design and disseminate a set of documents on instructions for use of fertilizers in accordance with point b of clause 2 of this Article.