Chapter IV
FERTILIZER
Article 16. Amendments to Point a Clause 3 Article 8 and addition of Article 8a to the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizer
1. Point a Clause 3 Article 8 is amended as follows:
“Article 8. Conditions for production of fertilizer
3. Personnel
a) At least one technician possesses bachelor’s degree or higher in any of the following majors: chemistry, physics, biology, agronomy, cultivation, crop science, or agrochemistry – pedology”.
2. Article 8a is supplemented
“Article 8a. Conditions for production of inorganic fertilizer Conditions for production of inorganic fertilizer referred to in Points a, b, c, d Clause 2 Article 8 shall be as follows:
1. The production line must be mechanized and must ensure quality of produced fertilizer. Machinery and equipment for producing fertilizer must have clear and legitimate origin. Machinery and equipment must have stringent requirements on safety, and testing and measurement instruments must be verified, calibrated and adjusted in conformity with current regulations.
2. Production technological process and process for each type of fertilizer must correspond to production, equipment and capacity.
3. Fertilizer producer must have testing laboratories eligible to carry out analysis of quality norms specified in National technical regulation for output products and quality norms defined in technical standards applied to input materials in order to control product quality.
Inorganic fertilizer producer that has no testing laboratory or has testing laboratories which are unable to carry out analysis of all required quality norms as specified in National technical regulation, a contract must be signed with an designated or accredited testing institution to control quality of produced fertilizer.
4. The entity hiring another entity to manufacture inorganic fertilizer must make a written agreement and meet all conditions for business subject as referred to in Clause 1 Article 8 of Decree No. 202/2013/ND-CP. The entity that are hired to manufacture inorganic fertilizer must meet conditions for business subject as referred to in Clause 1 Article 8 of Decree No. 202/2013/ND-CP and requirements on technical infrastructure and technical documents as referred to in Clauses 1, 2 and 3 of this Article. The entity that hires another entity to manufacture inorganic fertilizer shall submit the application for issuance of a License to manufacture inorganic fertilizer in accordance with regulations of Ministry of Industry and Trade.”
Article 17. Addition of Article 8b to the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizer
“Article 8b. Conditions for production of organic fertilizer and other types of fertilizer Conditions for production of organic fertilizer and other types of fertilizer are provided for in Points a, b, c, d Clause 2 Article 8 in national technical regulation for production of organic fertilizer and other types of fertilizer. If the national technical regulation is not available, the production of organic fertilizer and other types of fertilizer must comply with the following regulations:
1. Production capacity
Fertilizer production capacity must be conformable with the production line, machinery, equipment and production technological process.
2. Area for production
a) Having or leasing workshop, warehouse for raw materials and warehouse for finished products with the area in line with the production capacity;
b) Having or leasing premises whose area must meet the requirements for internal traffic, operation house, testing laboratory or other requirements as referred to by applicable laws.
3. Warehouses for finished products and raw materials
a) Having warehouse or entering into a contract for leasing warehouse whose area must be consistent with the production capacity or production planning;
b) Warehouse must have firm roof and walls, waterproof floor and other means of preservation, except for warehouse of organic materials;
c) Having rules of warehouse to ensure the quality of products and labor safety.
4. Production machinery and equipment
a) Having production line, machinery and equipment from the processing of materials to the final products in conformity with the production capacity and technological process. The stages and systems require motorized and automated machinery and equipment: Shoveling and mixing materials when producing root fertilizer; crushing and screening when producing solid or powder fertilizer; stirring and filtering when producing liquid fertilizer; transportation line; drying and granulating for fertilizer in the form of grains or tablets, or drying system for powder fertilizer, where necessary; weighing and packaging system of finished products;
b) In case of self-production of yeast strains to produce microbial organic fertilizer or microbial fertilizer, equipment for preparation of environment and culture of microorganisms consist of: technical balance, shaker, sterile autoclave, incubator, drier, peristaltic shaker, microwave, microbiological safety cabinet, refregerator, fermenter or fermentation equipment for production of microbial fertilizer and microbial organic fertilizer;
c) In case of self-fermentation for production of bio-organic fertilizer or bio-fertilizer, there must be a hydrolyzed fermentation equipment system with the line from raw materials to finished product.
6. Production technological process
Production technological process must be available for each type of fertilizer and correspond to production machinery and equipment, and production capacity.
7. Quality control
Having certificate of quality control system according to TCVN ISO 9001:2008 or above or equivalent. New producers must have this certificate within 01 year from the date of establishment.
8. Raw materials and additives for production of fertilizer
a) Having the list of input raw materials and additives for each type of produced fertilizer in consistent with the production technology;
b) Raw materials and additives must have obvious origin.
9. Testing laboratories
a) Having testing laboratory which is unable to carry out analysis of quality norms according to standards announced for application and as specified in corresponding national technical regulation or signing contract with an designated or accredited testing laboratory to control quality of each produced batch of fertilizer;
b) If the producer has a testing laboratory available to carry out the testing, certificate of periodical calibration and verification of testing and measuring machinery and equipment is required.”
Article 18. Amendments to Clause 8 Article 15 of the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizer
“Article 15. Conditions for sale of fertilizer
8. If an entity sells inorganic fertilizer, organic fertilizer and other types of fertilizer at the same time, that entity must satisfy conditions for sale of fertilizer in this Article and those stated in Article 15a and Article 15b.”
Article 19. Addition of Article 15a to the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizer
“Article 15a. Conditions for sale of inorganic fertilizer
Conditions for sale of inorganic fertilizer referred to in Clauses 2, 3, 4, 5 Article 15 shall be elaborated as follows:
1. Stores or business locations where inorganic fertilizer is sold must have signs, public price lists for each type of fertilizer, listed in a noticeable and legible place. Fertilizer displayed for sale must be arranged separately, not be confused with other types of goods, must be stored in a dry place in order to keep the quality of fertilizer and environmental hygiene condition.
2. Packaging, instruments and/or equipment for containing, storing and transporting fertilizer must guarantee the fertilizer's quality and environmental hygiene, and must not be leaked to spread fertilizer affecting the surrounding environment. Measures for handling fertilizer packaging, bottles, jars and expired fertilizer products must be taken.
3. Warehouses must meet requirements on building location and design in conformity with the traded fertilizer, and requirements for environmental protection, fire fighting and prevention. In a warehouse, fertilizer must be arranged separately and not be confused with other types of goods.
4. Imported fertilizers must have labels and origin in accordance with the law, and the notice of results of state inspection of the quality of imported fertilizer shipment before they are sold. Domestic fertilizers must have invoices or legal documents proving their origin of manufacturing, importer or distributor.
5. If a retail store of inorganic fertilizer does not have warehouse, devices and equipment for containing fertilizer must guarantee the fertilizer’s quality, and be conformable with requirements on environmental hygiene and firefighting and prevention.”
Article 20. Addition of Article 15b to the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizers
“Article 15a. Conditions for sale of organic fertilizer and other types of fertilizer
Regulations in Clauses 2, 3, 4, 5 Article 15 with respect to conditions for sale of organic fertilizer and other types of fertilizer are guided for implementation as follows:
1. Stores or business locations where organic fertilizer and/or other types of fertilizer are sold must have signs, and public price lists displayed in a noticeable and legible place. Organic fertilizer and/or other types of fertilizer displayed for sale must be arranged separately, not be confused with other types of goods, must be stored in a dry place in order to keep the quality of fertilizer and environmental hygiene condition.
2. Packaging, instruments and/or equipment for containing, storing and transporting fertilizer must guarantee the fertilizer's quality, and must not be leaked to spread fertilizer to the outside and affect the surrounding environment. Measures for handling fertilizer packaging, bottles, jars and expired organic fertilizer and/or other types of fertilizer must be taken.
3. Having or leasing a warehouse for storing organic fertilizer and/or other types of fertilizer, which must meet requirements on building location and design in conformity with the traded fertilizer, and requirements for environmental protection, fire fighting and prevention. In a warehouse, organic fertilizer or other types of fertilizer must be arranged separately, not be confused with other types of goods, or in direct contact with rain, sunlight or wind, must comply with environmental hygiene requirements and not be leaked to cause pollution to surrounding environment.
4. If a retail store of organic fertilizer and/or other types of fertilizer does not have warehouse, devices and equipment for containing organic fertilizer and/or other types of fertilizer must guarantee the fertilizer’s quality, and be conformable with requirements on environmental hygiene.
5. Having invoices or legal documents showing the origin, importer or distributor of each type of organic fertilizer and/or other types of fertilizer.”
Article 21. Addition of Clause 1a to Article 20 of the Government’s Decree No. 202/2013/ND-CP dated November 27, 2013 providing for management of fertilizers
“Article 20. Experiments on fertilizer
1a. Entities that meet all of the following conditions shall be eligible to carry out fertilizer experiments:
a) Conditions to be satisfied by a fertilizer experiment facility: Have functions or duties to carry out fertilizer experiments or research on fertilizer in the establishment decision granted by a competent authority; personnel requirement: have at least 03 technicians who are permanent employees or employees with 01-year or above contracts, possess bachelor's degree or higher in agrochemistry – pedology, or agronomy, or cultivation, or in other relevant majors such as chemistry, or biology, or environment, and have at least 02 years of experience in experiment or research on fertilizer;
b) Conditions to be satisfied by a fertilizer producer or importer that itself carries out the fertilizer experiments: Have a license to producer fertilizer (for fertilizer producer) or Certificate of enterprise registration or Investment Certificate or Business registration certificate (for importer of fertilizer for trading); personnel requirement: as referred to in Point a of this Clause.”
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