Chương IV Nghị định 108/2017/NĐ-CP quản lý nhà nước về phân bón: Xuất khẩu, nhập khẩu phân bón

Chapter IV

EXPORT AND IMPORT OF FERTILIZERS

Article 26. Export of fertilizers

Fertilizers shall be exported in accordance with regulations of importing countries, contracts, international treaties, international agreements on admitting results of assessment of conformity with relevant countries and territories.

Article 27. Import of fertilizers

1. Organizations and individuals having their fertilizers recognized may import or assign other organizations or individuals to import fertilizers for which licenses are not required, except for the cases prescribed in Clause 2 of this Article.

2. An organization or individual importing one of the following fertilizers which have not been recognized shall obtain an import license:

a) Fertilizers used for testing;

b) Specialized fertilizers for sports grounds and amusement parks

c) Specialized fertilizers used by foreign-invested enterprises for their production within their operating scope or used for foreign projects in Vietnam;

d) Fertilizers used as presents or samples;

dd) Fertilizers in fairs and exhibitions;

e) Fertilizers imported for producing other fertilizers for export;

g) Fertilizers used for scientific research;

h) Fertilizers used as materials for producing other fertilizers.

3. Apart from the documents prescribed in regulations on importing goods, an importer of fertilizers shall submit a notification of results of state inspection in terms of quality of the imported fertilizer if it is subject to the state inspection as prescribed in Clause 1 Article 30 of this Article or submit the license for importing the fertilizers prescribed in Clause 2 of this Article to the customs authority in person or through Vietnam National Single Window.

In case of export authorization, authorized organizations or individuals shall show authorization letters of importers to customs authorities.

Article 28. Applications and procedures for issuance of licenses for importing fertilizers

1. Forms of 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 a license for importing fertilizers shall consist of:

a) An application form for the license for importing fertilizers using the specimen 19 prescribed in Appendix I of this Decree;

b) A valid copy or copy enclosed with the original copy for comparison of one of the following documents:
The enterprise registration certificate, document proving the applicant’s legal status, investment certificate in case of foreign-invested enterprises, documents on approving investment programs or projects issued by competent authorities in case of foreign projects carried out in Vietnam or documents on approving programs or projects approved by the applicant in accordance with regulations of law;

c) A technical declaration using the specimen 20 prescribed in Appendix I of this Decree;

d) Documents on quality criteria, utilities, instructions for use and safety warning made in foreign language enclosed with their Vietnamese versions that are certified by the translator or the applicant;

dd) In case of the import of the fertilizers prescribed in Points a, b, c and d Clause 2 Article 27 of this Decree, apart from the documents prescribed in Points a, b, c and d of this Article, the applicant shall submit a valid copy or copy enclosed with the original copy and Vietnamese version of Certificate of Free Sale (CFS) issued by the exporting country or written confirmation of conformity with regulations of the exporting country;

e) In case of import of the fertilizers prescribed in Point dd Clause 2 Article 27 of this Decree, apart from the documents prescribed in Point a, b, c and d of this Clause, the applicant shall submit a written confirmation or written invitation to take part in fairs or exhibitions in Vietnam;

g) In case of import of the fertilizers prescribed in Point e Clause 2 Article 27 of this Decree, apart from the documents prescribed in Point a, b, c and d of this Clause, the applicant shall submit the original copy or valid copy of the import contract, export contract or processing contract signed with a foreign partner;

h) In case of import of the fertilizers prescribed in Point g Clause 2 Article 27 of this Decree, apart from the documents prescribed in Point a, b, c and d of this Clause, the applicant shall submit a valid copy of the outline of research into fertilizers to be imported.

3. Verification of applications and power to issue licenses for importing fertilizers

Within 7 days from the day on which the valid application is received, the Plant Protection Department shall issue the license for importing fertilizers using the specimen 21 prescribed in Appendix 1 of this Decree or send a written explanation to the applicant if it refuses to issue the license.