Chương VII Nghị định 108/2017/NĐ-CP quản lý nhà nước về phân bón: Trách nhiệm của cơ quan, tổ chức, cá nhân hoạt động trong lĩnh vực phân bón

Chapter VII

RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS ENGAGING IN FIELDS OF FERTILIZERS

Article 42. Responsibilities of ministries and local government authorities

1.The Government shall ensure the consistency of state administration related to fertilizers

2.The Ministry of Agriculture and Rural Development shall be accountable to the Government for its state administration related to fertilizers. To be specific:

a) Request the Government to promulgate legislative documents on fertilizer management, strategies, master plans, programs, plans for and policies on development, export and import of fertilizers;

b) Formulate national standards in fertilizers and formulate and promulgate national technical regulations on safety of fertilizers;

c) Manage the registration, testing, production, trade, export, import, quality management, labeling, advertisement and use of fertilizers in Vietnam;

d) Conduct research, collect and manage information and materials related to production and trading of fertilizers; join the national cooperation in the fields of fertilizers managed by it

dd) Provide training, improve, propagandize and popularize legal documents on fertilizers;

e) Inspect and deal with complaints and denunciation and take actions against violations of fertilizer management;

g) Set up a system of testing laboratory that is eligible for serving the state administration related to fertilizers;

h) Consolidate and upload a list of recognized fertilizers on the web portal of the Plant Protection Department;

i) Assign the Plant Protection Department to work as the specialized authority in charge of state administration related to fertilizers in accordance with regulations of law.

3. The Ministry of Industry and Trade shall cooperate with the Ministry of Agriculture and Rural Development in formulating strategies, master plans, programs and plans for and policies on production of inorganic fertilizers; direct authorities managing the market to cooperate with relevant authorities and organizations in inspecting the compliance with regulations of law related to the trading of fertilizers in their regions.

4. The Ministry of Science and Technology shall appraise and publish the national standards in fertilizers, appraise technical regulations on fertilizers; cooperate with the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade in organizing scientific research, application and transfer of technologies, formulating national standards and technical regulations and managing the fertilizer quality and intellectual property related to fields of fertilizers.

5. The Ministry of Planning and Investment shall cooperate with the Ministry of Agriculture and Rural Development in formulate programs, plans and mechanisms for and policies on production and trading of fertilizers.

6. The Ministry of Natural Resources and Environment shall cooperate with the Ministry of Agriculture and Rural Development in formulating programs, plans and mechanisms for and policies on environmental protection in production, trading, quality management and use of fertilizers.

7. People’s Committee of each province shall:

a) Direct specialized authorities to inspect and control the quality of fertilizers in the province and take responsibility for fake fertilizers and poor quality fertilizers in the province;

b) Introduce policies on providing assistance in the production, trading and use of fertilizers in the province.

c) Provide instructions for efficient use of fertilizers without environmental pollution;

d) Propagate, popularize and organize legal guidance, provide information on fertilizer quality, provide instructions on recognizing fake fertilizers and low-quality fertilizers;

dd) Carry out regular or surprise inspections of organizations and individuals producing and trading in fertilizers in its province in accordance with regulations of this Decree; take actions against administrative violations related to fertilizers in accordance with regulations of law.

8. The Department of Agriculture and Rural Development of each province shall:

a) Request the People’s Committee of the province to formulate policies on providing assistance in the production and trading of fertilizers in the province;

b) Monitor, inspect and supervise the declaration of conformity of fertilizers by organizations and individuals; inspect the fertilizer testing in the province; consolidate and make a list of organizations and individuals that have applied for the declaration of conformity or confirmation of contents of fertilizer advertisement;

c) Take charge and cooperate with relevant authorities in propagating, popularizing and providing legal instructions, providing information about the fertilizer quality for producers, traders and consumers of fertilizers;

d) Inspect and take actions against administrative violations related to fertilizers in the province in accordance with regulations of law; periodically inspect conditions for trading of fertilizers in the province in accordance with this Decree; Cooperate with the Ministry of Agriculture and Rural Development and other relevant ministries and authorities in inspecting, supervising and dealing with complaints and denunciations and take actions against violations related to the production and trading of fertilizers in the province;

dd) Assign the Crop Cultivation and Plant Protection Sub department to work as the specialized authority in charge of state management related fertilizers in the province in accordance with regulations of law.

Article 43. Responsibilities of producers, traders, exporters and importers of fertilizers

1. A producer of fertilizer shall:

a) Satisfy the conditions for producing fertilizers prescribed in Article 18 of this Decree and only produce fertilizers after obtaining the certificate of eligibility for production of fertilizers issued by the competent authority.

b) Comply with contents of the certificate of eligibility for production of fertilizers and regulations on production of fertilizers;

c) Test and keep the testing results of each consignment of finished fertilizers before they are sold on the market, keep the testing results for 2 years and keep and preserve samples of fertilizers for 6 months from the day on which samples of fertilizers are taken;

d) Recover and treat low-quality fertilizers and pay compensations for victims in accordance with regulations of law;

dd) Submit reports on the production, import and export of fertilizers to competent authorities before November 30 every year using the specimen 30 prescribed in Appendix I of this Decree or submit surprise reports upon request;

e) Comply with the inspection carried out by the competent authority and relevant regulations of law on productions of fertilizers;

g) Advertise and provide information about the composition, content and utilities of fertilizers and way to use fertilizers in conformity with their nature and regulations of law.

h) Organize the training in and provide instructions for use of fertilizers; organize professional training for employees who directly produce fertilizers;

i) Produce fertilizers whose origins are obvious;

k) Comply with regulations of law on fire prevention, chemicals, labor and environment.

2. A trader of fertilizers shall:

a) Satisfy the conditions for trading of fertilizers prescribed in Article 19 of this Decree and only trade in fertilizers after obtaining the certificate of eligibility for trading of fertilizers issued by the competent authority.

b) Arrange fertilizers in a separate area and ensure that the fertilizers are maintained in a dry place.

c) Advertise and provide information about the composition, content and utilities of fertilizers and way to use fertilizers in conformity with their nature and regulations of law.

d) Inspect origins and labels of fertilizers, conformity marks and other documents related to the fertilizer quality;

dd) Comply with the inspections carried out by the competent authorities related to satisfaction of the conditions for trading in fertilizers prescribed in this Decree and relevant regulations of law.

e) Keep legal documents proving origins of place of production, place of import or place of supply of fertilizers;

g) Only trade in fertilizers labeled in accordance with applicable regulations of law;

h) Treat low-quality fertilizers and fake fertilizers and pay compensations for victims in accordance with regulations of law if the production establishment cannot be identified;

i) Comply with regulations of law on fire prevention, chemicals, labor and environment.

3. An importer or exporter of fertilizers shall:

a) Comply with regulations on export and import of fertilizers prescribed in Articles 26 and 27 of this Decree;

b) Comply with regulations on fertilizer quality as prescribed in regulation of law on quality of products and goods.

c) Comply with the inspections carried out by the competent authorities and relevant regulations of law on export and import of goods.

Article 44. Responsibilities of organizations testing fertilizers

1. Test fertilizers objectively and accurately.

2. Comply with standards, technical processes and requirements for testing.

3. Take legal responsibility for testing results.

4. Keep all diaries of production, raw data and reports on the testing results for at least 5 years from the day on which the testing finishes.

5. Be subject to the inspection of testing activities carried out by the competent authorities

6. Pay compensations for damage in accordance with regulations of law.

7. Report the testing results using the specimen 02 prescribed in Appendix I of this Decree.

8. Before testing fertilizers, send the testing outline to the competent authority of the testing area in order to provide bases for inspecting the testing of fertilizers.

9. Submit reports on their performance to competent authorities before November 30 every year using the specimen 11 prescribed in Appendix I of this Decree or submit surprise reports at the requests of competent authorities;

Article 45. Responsibilities of users of fertilizers

1. A user of fertilizers may:

a) Be provided with instructions for efficient use of fertilizers;

b) Request traders of fertilizers to provide instructions for use of fertilizers in conformity with contents of fertilizer labels;

c) Receive compensations for damage in accordance with regulations of law.

2. A user of fertilizers shall:

a) Use recognized fertilizers in accordance with the instructions specified in their labels;

b) Ensure the efficient use of fertilizers, human safety and food safety according to the following principles: Right ground, right types of plants, right amount, right time and right methods.

Article 46. Responsibilities of people sampling fertilizers

1. Take samples of fertilizers in accordance with regulations of law and ensure the objectiveness.

2. Ensure the security of information and data related to sampling of fertilizers unless the competent authorities request reports on these information and data.

3. Take part in training courses in sampling fertilizers.

4. Take legal responsibility for activities related to sampling of fertilizers.