Chương VIII Nghị định 108/2017/NĐ-CP quản lý nhà nước về phân bón: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION CLAUSES

Article 47. Transition clause

1. Fertilizers whose names are specified in the notification of conformity of the Department of Agriculture and Rural Development or the Department of Industry and Trade may be produces, trades and used within 12 months from the day on which this Decree comes into force. Within the above-mentioned period, the Ministry of Agriculture and Rural Development considering issuing decisions on recognition of fertilizers are not required to follow the procedures for recognition prescribed in this Decree.

2. In the cases where fertilizers whose names are specified in licenses for production of fertilizers have not gone through declaration of conformity or fertilizers have been tested and applications for licenses for production of these fertilizers have been submitted before this Decree comes into force, the Ministry of Agriculture and Rural Development shall consider issuing decisions on recognition of these fertilizers without going through the procedures for recognitions prescribed in this Decree.

3. Licenses for production of fertilizers issued by competent authorities shall be still valid for 5 years from the days on which this Decree comes into force.

4. If organizations and individuals having obtained licenses for production of fertilizers request issuance or reissuance of licenses, the competent authorities shall consider issuing or reissuing certificates of eligibility for productions of fertilizers to them as prescribed in Clause 2 Article 22 of this Decree.

5. If an application for the license for production of fertilizers has been received by the Ministry of Agriculture and Rural Development or the Ministry of Industry and Trade but the license has not been issued before this Decree come into force, the Ministry of Agriculture and Rural Development will consider issuing the certificate of eligibility for production of fertilizers in accordance with regulations of this Decree.

6. The acceptable content between the testing results of the quality criteria and those of declared quality criteria of the fertilizers specified in Clauses 1, 2, 10 and 11 of this Article shall comply with regulations in Appendix V of this Decree until the national technical regulations are promulgated and come into force.

7. Organizations and individuals have obtained licenses for hiring organizations or individuals to produce inorganic fertilizers may continue using their license for 12 months from the day on which this Decree comes into force.

8. Organizations and individuals that are trading in fertilizers before this Decree comes into force shall obtain certificates of eligibility for trading of fertilizers within 36 months from the day on which this Decree comes into force.

9. If the fertilizers prescribed in Clauses 1, 2 and 11 of this Article fail to be named in accordance with regulations in Clause 3 Article 6 and Article 33 of this Decree; they shall have their names changed within 36 months from the day on which this Decree comes into force.

10. If a fertilizer has been tested before this Decree comes into force and its quality criteria satisfy national technical regulations or regulations in Appendix V of this Decree if there is no national technical regulation, within 24 months from the day on which this Decree comes into force, the testing results will be used for considering and recognizing this fertilizer.

11. Fertilizers that are included in the list of fertilizers allowed to be produced, traded and used in Vietnam issued by the Minister of Agriculture and Rural Development from August 9, 2008 to November 27, 2013 and fertilizers that have been tested (except for the tested fertilizers prescribed in Clause 2 of this Article) shall be considered and recognized as prescribed in Article 9 of this Decree within 12 months from the day on which this Decree comes into force.

12. The fertilizers prescribed in Clause 11 of this Article may be imported without import licenses for 12 months from the day on which this Decree comes into force. Quality criteria published in the lists of or licenses for importing fertilizers for testing shall be used as bases for state inspection of quality of imported fertilizers and declaration of conformity.

13. Certificates of training for people sampling fertilizers that are issued before this Decree comes into force shall have their validity equivalent to certificates of training in sampling fertilizers prescribed in this Decree.

Article 48. Effects

1. This Decree comes into force from the day on which it is signed

2. This Decree shall replace the Government's Decree No. 202/2013/ND-CP dated November 27, 2013 on fertilizer management. The following regulations and documents shall be annulled:
Regulations in Chapter IV of the Government’s Decree No. 77/2016/ND-CP dated July 01, 2016 on amendments to certain regulations on certain regulations on investment and trading conditions related to international trade in goods, chemicals, industrial explosives, fertilizer, gas business and food business under the state management of Ministry of Industry and Trade;

Circular No. 41/2014/TT-BNNPTNT dated November 13, 2014 of the Minister of Agriculture and Rural Development on guidelines for certain articles of the Government's Decree No. 202/2013/ND-CP dated November 27, 2013 on fertilizer management under the state administration of the Ministry of Agriculture and Rural Development; Circular No. 29/2014/TT-BCT dated September 30, 2014 of the Minister of Industry and Trade providing guidance on the implementation of certain articles related to inorganic fertilizers, providing guidance on issuance licenses for production of inorganic fertilizers, organic fertilizers and other fertilizers prescribed in the Government's Decree 202/2013/ND-CP dated December 27, 2013 on fertilizer management; Articles 27 and 28 and Appendix containing the specimen No. 05/TT and specimen No. 06/TT of the Circular No. 04/2015/TT-BNNPTNT dated February 12, 2015 of Ministry of Agriculture and Rural Development providing guidance on the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013 on guidance on the Commercial Law related to international trade in goods and commercial agency, trading, processing and transit of goods with foreign countries in the agriculture, forestry and aquaculture and Article 15 of the Circular No. 11/2017/TT-BNNPTNT dated May 29, 2017 on amendments to certain articles of legislative documents related to functions and tasks of units affiliated to the Ministry of Agriculture and Rural Development.

Article 49. Implementation

1. The Minister of Agriculture and Rural Development shall provide guidance on this Decree.

2. Ministers, heads of ministerial authorities, heads of Governmental agencies, chairmen or chairwomen of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall take responsibility for the implementation of this Decree.