Chương II Nghị định 108/2017/NĐ-CP quản lý nhà nước về phân bón: Công nhận phân bón và khảo nghiệm phân bón

Chapter II

RECOGNITION AND TESTING OF FERTILIZERS

Section 1. RECOGNITION OF FERTILIZERS TRADED IN VIETNAM

Article 6. General principles for recognition of fertilizers traded in Vietnam (hereinafter referred to as “recognition of fertilizers”)

1. Fertilizers shall be products or goods included in Group 2 or the list of conditional business lines that are recognized to be traded in Vietnam by the Plant Protection Department.

2. Domestic organizations and individuals or foreign organizations and individuals whose representative offices, companies or branches are allowed to operate in Vietnam are entitled to apply for recognition of their fertilizers.

3. Each organization or individual shall only apply for recognition of a fertilizer name for each registered composition and content of nutrients.

Article 7. Fertilizers that shall not be recognized or have their decisions on recognition cancelled

1. A fertilizer shall not be recognized if:

a) It contains harmful elements exceeding the limit prescribed in national technical regulations and national standards or Appendix V of this Decree if there are no national technical regulations or national standards and other relevant regulations;

b) There is scientific evidence showing that the fertilizer poses a high risk to human health and environment;

c) Its name is the same as those which has been recognized.

2. A fertilizer will have its decision on recognition cancelled if:

a) There is scientific evidence showing that the fertilizer poses a high risk to human health and environment;

b) It is found that false documents are used or information in these documents is not conformable with the application for recognition;

c) It has been recognized but fails to be re-recognized in case of expiry.

Article 8. Forms of recognition of fertilizers

1. First recognition shall apply to

a) Fertilizers that are domestically researched and produced;

b) Fertilizers that are imported to Vietnam for the first time;

c) Recognized fertilizers that are applied for changes in their quality criteria.

2. Re-recognition of a fertilizer shall be applied if:

a) Period of the decision on recognitions expired;

b) There are changes in the information on the organization and individual owning the recognized fertilizer or the decision on recognition is lost or damaged;

c) Name of the fertilizer is transferred;

d) Name of the recognized fertilizer is changed.

The re-recognition prescribed in Points b, c and d of Clause 2 of this Article shall only be carried out if quality criteria of the fertilizer are not changed.

Article 9. Applications and procedures for first recognition of fertilizers

1.Submission of applications

An organization or individual shall submit an application in person, by post or through web portals.

Within 03 working days from the day on which the application is received, if it is not valid, a notification of completing the application will be sent to the applicant.

2. An application for recognition of a fertilizer shall consist of:

a) An application form for the recognition of fertilizer using the specimen 01 prescribed in Appendix I of this Decree;

b) Written general information on the fertilizer which is provided by its producer and includes type of the fertilizer, main quality criteria, content of restricted elements of the fertilizer, instruction for use, general information on import and export of the fertilizer;

c) An original copy of the report on results of fertilizer testing using the specimen 02 prescribed in Appendix I of this Decree (except for the fertilizers prescribed in Clause 2 of Article 13 and the fertilizers included in the list prescribed in Clause 11 Article 47 of this Decree) or results of research projects and subjects of the State, Ministries or provinces and a decision on recognition of technical advances in case of the fertilizers prescribed in Point c, Clause 3 Article 13 of this Decree;

d) A specimen of fertilizer label as prescribed in Articles 33 and 34 of this Decree.

3. Verification of applications for recognition of fertilizers and recognition of fertilizers

Within 03 months from the day on which the valid application is received, the Plant Protection Department shall verify the application.

If the application satisfies regulations on fertilizers, the Plant Protection Department shall issue a decision on recognition using specimen 03 prescribed in Appendix I of this Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.

4. Period of a decision on recognition shall be 5 years. At least 03 months before the day on which the decision on recognition expires, the organization or individual shall apply for the re-recognition as prescribed in Article 10 of this Decree

Article 10. Applications and procedures for re-recognition of fertilizers in case of expired decisions on recognition

1. Submission of applications

An organization or individual shall submit an application in person, by post or through wed portals.

Within 03 working days from the day on which the application is received, if it is not valid, a notification of completing the application will be sent to the applicant.

2. An application for re-recognition of a fertilizer shall consist of:

a) An application form for the re-recognition of fertilizer using the specimen 01 prescribed in Appendix I of this Decree;

b) A valid copy of the notification of receiving the declaration of conformity;

c) A specimen of the fertilizer label being traded as prescribed in Articles 33 and 34 of this Decree.

3. Verification of applications for re-recognition of fertilizers and re-recognition of fertilizers

Within 07 working days from the day on which the valid application is received, the Plant Protection Department shall verify the application.

If the application satisfies regulations of law, the Plant Protection Department shall issue a decision on recognition using specimen 03 prescribed in Appendix I of this Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.

Article 11. Applications and procedures for re-recognition in case of changes or transfer of fertilizer names, changes in information related to applicants or in the cases where decisions on recognition are lost or damaged

1. Submission of applications

An organization or individual shall submit an application in person, by post or through wed portals.

Within 03 working days from the day on which the application is received, if it is not valid, a notification of completing the application will be sent to the applicant.

2. An application for re-recognition of a fertilizer shall consist of:

a) An application form for the re-recognition of fertilizer using the specimen 01 prescribed in Appendix I of this Decree;

b) An original copy of the issued decision on recognition unless the decision is lost or damaged;

c) Valid copies of documents of competent authorities on intellectual property or documents of the court on violations of labels in case of changing the fertilizer name; except for the change of fertilizer names prescribed in Clause 9 Article 47 of this Decree;

d) A valid copy of the new enterprise registration certificate in case of changes in information related to the applicant;

dd) An original copy or valid copy of the contract for or agreement on transferring fertilizers in case of transfer of the fertilizer name;

e) A specimen of fertilizer label as prescribed in Articles 33 and 34 of this Decree.

3. Verification of applications for re-recognition of fertilizers and re-recognition of fertilizers

a) Within 07 working days from the day on which the valid application is received, the Plant Protection Department shall verify the application.

If the application satisfies regulations of law, the Plant Protection Department shall issue a decision on recognition using specimen 03 prescribed in Appendix I of this Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.

b) Period of the new decision on recognition shall be equal to those of the issued decision.

Article 12. Procedures for cancellation of decisions on recognition

1. In case of the fertilizers prescribed in Point a Clause 2 Article 7 of this Decree, the Plant Protection Department shall consolidate information and consider cancelling decisions on recognition.

2. In case of the fertilizers prescribed in Points b and c Clause 2 Article 7 of this Decree, the Plant Protection Department shall inspect and review documents on recognition to consider cancelling decisions on recognition.

3. A fertilizer whose decision on recognition is cancelled in accordance with regulations in Clause 2 of this Article shall only be produced or imported within 06 months and traded or used within 12 months from the day on which the decision on cancellation comes into force.

Section 2. TESTING OF FERTILIZERS

Article 13. Principles for testing of fertilizers

1. Fertilizers shall be tested before they are recognized except for the fertilizers prescribed in Clause 2 of this Article.

2. Fertilizers that are not required to be tested shall include:

a) The organic fertilizers prescribed in Points a and e Clause 4 Article 4 of this Decree that are used for roots;

b) The single and complex fertilizers prescribed in Points a and b Clause 3 Article 4 of this Decree that are used for roots and do not contain substances for boosting their performance, substances for soil improvement, microorganisms, PGRs or substances changing their nature, utilities and efficiency;

c) Fertilizers that are the results of research projects and subjects of the State, ministries and provinces which are recognized as technical advances.

3. Fertilizers shall be tested on a large scale and small scale. The testing on the large scale shall only carried out after those on the small scale finishes.

4. The testing of fertilizers shall be carried out at the premises of eligible organizations.

5. The testing of fertilizers shall comply with national standards. If there is no national standards, the testing of fertilizers shall be carried out in accordance with regulations on testing prescribed in Appendix II and submit a report on testing results using the specimen 02 prescribed in Appendix I of this Decree.

6 .The amount of fertilizer that is allowed to be produced or imported for testing shall be determined according to amount of fertilizer for each type of plants and areas for actual testing but not exceed 10 hectares in case of annual plants and 20 hectares in case of perennial plants.

Article 14. Applications for testing of fertilizers

1. Submission of applications

An organization or individual shall submit an application in person, by post or through wed portals.

Within 03 working days from the day on which the application is received, if it is not valid, a notification of completing the application will be sent to the applicant.

2. An application for the testing of a fertilizer shall consist of:

a) An application form for testing of the fertilizer using the specimen 04 prescribed in Appendix I of this Decree;

b) Technical documents on the fertilizer using the specimen 05 prescribed in Appendix I of this Decree;

c) An outline of the testing using the specimen 06 prescribed in Appendix I of this Decree.

3. Verification of applications for testing of the fertilizer

Within 20 days from the day on which the valid application is received, the Plant Protection Department shall establish a council to verify the application or process and approve the application.

If the application satisfies regulations on fertilizers, the Plant Protection Department shall issue a written consent to the testing using specimen 07 prescribed in Appendix I of this Decree or send a written explanation to the applicant if it refuses to issue the written consent.

Article 15. Conditions for recognition of organizations testing fertilizers

1. Organizations are established in accordance with regulations of law.

2. People in charge of the testing shall obtain Bachelor's degrees or higher decrees in specialties related to farming, plant protection, soil agro chemistry, agronomy, chemistry or biology and obtain certificates of training in testing of fertilizers.

3. At least 5 employees of the organizations who carry out the testing (public employees or employee working under indefinite-term or fixed-term labor contracts) shall:

a) Obtain bachelor's degrees or higher decrees in the specialties prescribed in Clause 2 of this Article;

b) Obtain certificates of training in testing of fertilizers.

4. The organizations shall have sufficient facilities for testing of fertilizers as prescribed in Appendix III of this Decree.

Article 16. Applications and procedures for recognition of organizations eligible for testing of fertilizers

1. Submission of applications

An organization shall submit an application in person, by post or through wed portals.

Within 03 working days from the day on which the application is received, if it is not valid, a notification of completing the application will be sent to the applicant.

2. An application for recognition of the organization eligible for carrying out the testing of fertilizers (hereinafter referred to as “recognition of eligibility for testing of fertilizers”) shall consist of:

a) An application form for recognition of eligibility for testing of fertilizers using the specimen 08 prescribed in Appendix I of this Decree;

b) A description of eligibility for testing fertilizers using the specimen 09 prescribed in Appendix I of this Decree.

3. Verification of the application and recognition of legibility for testing of fertilizers

Within 20 days from the day on which the valid application is received, the Plant Protection Department shall verify the application and carry out a site inspection.

If the application and condition of the applicant satisfy regulations of law, the Plant Protection Department shall issue a decision on recognition of eligibility for testing of fertilizers using specimen 10 prescribed in Appendix I of this Decree or send a written explanation to the applicant if it refuses to issue the abovementioned decision.

Article 17. Revocation of decisions on recognition of eligibility for testing of fertilizers

1. A decision on recognition of eligibility for testing of fertilizer will be revoked if:

a) The organization fails to satisfy the responsibilities prescribed in Clause 2 Article 44 of this Decree within 02 consecutive years;

b) Testing results are falsified or fraudulent;

c) Erasing or repair of the decision falsifies its contents.

2. The decisions prescribed in Clause 1 of this Article shall be revoked by the Plant Protection Department.

3. An organization whose decision on recognition of eligibility for testing of fertilizers is revoked shall only have its application for recognition of eligibility for testing of fertilizers received after 24 months from the day on which the decision is revoked.