Chương V Nghị định 108/2017/NĐ-CP quản lý nhà nước về phân bón: Quản lý chất lượng, nhãn, đặt tên, quảng cáo, hội thảo phân bón

Chapter V

QUALITY MANAGEMENT, LABELING, NAMING, ADVERTISEMENT AND SENIMARS RELATED TO FERTILIZERS

Section 1. QUALITY MANAGEMENT

Article 29. Management of fertilizer quality

1. The fertilizer quality shall be managed in accordance with regulations on quality of products and goods.

2. Certification and declaration of conformity shall comply with regulations of law on standards and technical regulations and law on quality of products and goods.

3. The quality criteria prescribed in national technical regulations shall be used as bases for certification and declaration of conformity. If there is no national technical regulation, the management of fertilizer quality shall be carried out in accordance with quality criteria and testing methods prescribed in Appendix V of this Decree until the relevant national technical regulations are promulgated and come into force.

4. Organizations assessing the conformity wishing to engage in testing, assessment, verification and certification of fertilizer quality shall obtain certificates related to their operation as prescribed in the Government’s Decree No. 107/2016/ND-CP dated July 01, 2016 on conditions for provision of conformity assessment services and be appointed by the Ministry of Agriculture and Rural Development in accordance with regulations on quality of products and goods and relevant documents.

Article 30. State inspection of quality of imported fertilizers

1. Quality of imported fertilizers shall be subject to state inspections except for the import of the fertilizers prescribed in Points a, b, c, d, dd, e and g Clause 2 Article 27 of this Decree; fertilizers that are temporarily imported, transited or sent to bonded warehouse and domestic fertilizers that are imported to export processing zones by export processing enterprises.

2. The Plant Protection Department shall carry out state inspections of quality of imported fertilizers.

3. Customs procedures for import of fertilizer consignments shall only be completed when results of state inspections are notified by the Plant Protection Department.

4. Fertilizers are allowed to be sent to warehouses for preservation before the inspection results are presented in accordance with regulations on procedures for inspection and supervision of exports and imports.

5. Documents on a state inspection of quality of imported fertilizers shall be kept for 05 years from the day on which the notification of results of the state inspection is published.

Article 31. Applications and procedures for state inspections of quality of imported 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 the State inspections of quality of imported fertilizers shall consist of:

a) An application form for the state inspection of quality of imported fertilizers using the specimen 22 prescribed in Appendix I of this Decree;

b) Copies of the following documents: A contract for exchange of fertilizers; a list of fertilizers which specifies registered quantity and code of each consignment; invoices and bill of lading if the fertilizers are transported through airway, seaway or railway.

3. Procedures for inspecting and taking samples

a) The Plant Protection Department shall inspect the sufficiency and validity of the application as prescribed in Clause 2 of this Article within a working day.

If the application is sufficient and valid, the Plant Protection Department will take samples in accordance with regulations of law.

If the application is not sufficient and valid, the Plant Protection Department will send a written explanation to the applicant.

b) Taking samples for inspection of fertilizer quality

The Plant Protection Department shall inspect the conformity of fertilizer consignments at the location of taking samples with documents included in the application. In case of conformity, samples of the fertilizers shall be taken. Samples of the fertilizers shall be sealed after being taken and a report on taking samples for the state inspection of quality of imported fertilizers shall be made according to the specimen 23 prescribed in Appendix I of this Decree.

c) Notification of inspection results

Within 10 working days from the day on which the samples are taken, the Plant Protection Department shall notify results of the state inspection of quality of imported fertilizers to the applicant using the specimen 24 prescribed in Appendix I of this Decree.

Article 32. Taking samples for testing of fertilizers

1.Taking samples of fertilizers

a) Samples for testing of fertilizers serving the state administration shall be taken by people who obtain certificates of training in sampling fertilizers;

b) Methods for sampling shall comply with national standards in sampling fertilizers

c) In the cases where the fertilizers have no national standards in sampling, the producer or importer of fertilizers shall publish methods for sampling these fertilizers.

2.Testing of fertilizers

The testing of fertilizers serving the state administration related to production and trading of fertilizers on the markets shall be carried out by testing laboratories appointed by competent authorities.

Section 2. NAMING AND LABELING OF FERTILIZERS

Article 33. Principles for naming fertilizers

1. Names of fertilizers to be registered shall not be the same as those of recognized fertilizers.

2. Names of fertilizers shall not falsify nature, utilities, composition and types of fertilizers.

3. Names of fertilizers shall not violate good customs and traditions of Vietnam and shall not coincide with reading or writing of names of leaders, national heroes, celebrities, foods, beverages and pharmaceuticals.

4. If a name of fertilizer to be registered contains composition coinciding with name of the recognized fertilizer, particular symbols shall be added to this name in order to avoid the abovementioned coincidence.

5. Names of compound fertilizers shall comply with the following order: Name of type of fertilizer, composition, particular symbols, numbers showing the amount of each component mentioned in the name and other particular symbols (if any)

Components and numbers showing the amount of each component shall comply with the following order: macronutrients namely nitrogen (N), phosphorus (P), potassium (K), secondary nutrients, micronutrients, organic substances and other supplements (if any).

Article 34. Labeling fertilizers

1. Domestic fertilizers and imported fertilizers shall be labeled in accordance with regulations of the Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on labels of goods

2. Apart from the compulsory contents prescribed in Clause 1 Article 10 of the Decree No. 43/2017/ND-CP, labels of fertilizers shall contain types of fertilizers and the number of decisions on recognition. In case of foliar fertilizers, their labels shall contain the phrase “foliar fertilizers”.

3. Contents of labels shall be conformable with decisions on recognition.

Section 3. ADVERTISEMENT FOR AND SENIMARS RELATED TO FERTILIZERS

Article 35. Advertisement for fertilizers

1. Organizations and individuals shall advertise fertilizers in accordance with regulations of law on advertisement for fertilizers and have their contents of advertisements confirmed by the competent authorities as prescribed in Clause 4 of this Article.

2. Submission of applications

An organization or individual shall submit an application for confirmation of advertising contents in person or by post.

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.

3.An application for confirmation of advertising contents shall consist of:

a) An application form for confirmation of advertising contents using the specimen 25 prescribed in Appendix I of this Decree;

b) A valid copy of the declaration of conformity or decision on recognition of the fertilizer;

c) A copy of the certificate of eligibility for production of fertilizers if the applicant advertises its fertilizer;

d) 2 scenarios of advertisement and 1 CD recording sound and images or a design conformable with types of and measures for advertisement.

4. Within 10 days from the day on which the sufficient and valid application is received, The Department of Agriculture and Rural Development shall send a written confirmation of advertising contents using the specimen 26 prescribed in Appendix I of this Decree to the applicant. If the Department of Agriculture and Rural Development refuses to confirm the advertising contents, it shall send a written explanation to the applicant.

Article 36. Seminars in term of fertilizers

1. An application for organizing a seminar shall consist of:

a) An application form for organizing the seminar which contain programs (specify the reported contents); time (yy/mm/dd); specific address of place of the seminar; contents of reports and documents given to attendees, general descriptions of the fertilizer such as its origin, characteristics, features and utilities; a list of names, titles and professional qualifications of reporters

b) A valid copy of the declaration of conformity or the decision on recognition of the fertilizer;

c) A copy of the certificate of eligibility for production of fertilizers in case of introduction of domestic fertilizers.

2. An organization or individual applying for organizing seminars shall submit the documents prescribed in Clause 1 of this Article to Department of Agriculture and Rural Development at least 01 day before organizing the seminar for monitoring, inspection and supervision.

3. If an organization or individual applies for organizing the second seminar or over without any change in its contents, the organization or individual will only submit an application form for organizing the seminar which specifies time and place of the seminar and the documents prescribed in Clause 1 of this Article are not required. If there is any change in contents of the seminar, the documents prescribed in points a and b Clause 1 of this Article are required.