Eligibility conditions for manufacturing pesticides in Vietnam which be effective from 17 September, 2018
Post date: 21-09-2023
Eligibility conditions for manufacturing pesticides in Vietnam
Conditions, rights and obligations of pesticides manufacturers in Vietnam are governed according to Articles 61 and 62 of the Law on Plant Protection and Quarantine No. 41/2013/QH13 dated November 25, 2013 of the Vietnam National Assembly and Decree No.123/2018/ND-CP dated September 17, 2018 of the Vietnam Government regulating conditions for investment in pesticides manaufacturing in Vietnam.
I. Eligibility conditions for manufacturing pesticides in Vietnam
1. Technical facility requirements:
a) The pesticides manufacturer has a location, factory, and pesticides warehouse that ensures area and safe distance for people, pets, and the environment in accordance with regulations and in accordance with the scale of production.
b) Machines, equipment and technology process must be suitable for the manufacturing of pesticides;
c) Waste treatment system must meet the national technical regulations and standards for the environment protection;
d) The manufacturer should have equipment in order to inspect the quality of the pesticides to be produced. If it does not have sufficient equipment, it must enter into a contract for the quality examination with an organization specializing in the pesticide quality examination for every product batch.
2. Personnel requirements:
a) The production supervisor must achieve a bachelor degree in the plant protection, biology or chemistry or any other higher degrees;
b) The employees who directly participate in the production must be well-trained.
3. The persons directly managing and operating pesticide plants must obtain at least bachelor degree in one of the following majors, e.g. chemistry, plant protection, biology or agronomy; workers directly participating in producing pesticides shall be provided with training in professional practice and knowledge of pesticides.
4. Factories and warehouses designed for storage and preservation of pesticides must be located within industrial zones and ensure conformance to Vietnam National Standard TCVN 5507:2002: Hazardous chemicals – Code of Practice for Safety in Production, Commerce, Use, Handling and Transportation.
5. All equipment and production lines for producing active ingredients, technical grade active ingredients, formulation of products from technical grade active ingredients and pesticide packaging must meet manufacturing process and technological standards and satisfy safety requirements defined in the Vietnam National Standard TCVN 5507:2002 Hazardous chemicals – Code of Practice for Safety in Production, Commerce, Use, Handling and Transportation.
6. Solid waste, emission and wastewater treatment systems must comply with legislative regulations and National Technical Regulations, such as the Government’s Decree No. 38/2015/ND-CP dated April 24, 2015 on waste and scrap management; the National Technical Regulation QCVN 19:2009/BTNMT on industrial emission, applicable to dust and inorganic substances and the National Technical Regulation QCVN 20:2009/BTNMT on industrial emission, applicable to certain inorganic substances; the National Technical Regulation QCVN 07:2009/BTNMT on Hazardous Waste Thresholds and the National Technical Regulation QCVN 40:2011/BTNMT on industrial wastewater.
7. Available product quality inspection laboratories must be registered and designated as per laws on conditions for eligibility to obtain the license to provide product conformity assessment and product quality assessment services. In case there is none of laboratories, they must enter into product quality inspection contracts with laboratories which have already been registered or designated as per laws on conditions for eligibility to obtain the license to provide product conformity assessment and product quality assessment services with regard to each batch.
8. Pesticide formulating facilities must design their product quality management systems that obtain the ISO 9001 or equivalent certification, issued by certification bodies that have been registered under legislative regulations on conditions for eligibility for license to provide conformity assessment services."
II. Rights And Obligations Of Pesticides Manufacturers In Vietnam
1. Every pesticide manufacturer is entitled to:
a) Producing pesticides in the List of pesticides permitted for use in Vietnam
b) Import pesticides for the manufacturing or re-exportation purposes according to terms and conditions agreed in the contract with foreign partners;
c) Advertise the pesticides according to Article 70 of this Law and the Law on advertisement;
d) Enjoy other rights according to this Law and other relevant legal regulations.
2. The pesticide manufacturer must:
a) Apply the National technical regulations and their internal criteria set out for the pesticide production;
b) Employ healthy employees and train them on the occupational safety and professional knowledge.
c) Take responsibility for the quality of the pesticides and only launch the pesticides that are of satisfactory quality to the market.
d) Provide necessary documents for the inspection by competent agencies according to the regulations of the Law;
e) Compensate for any damage at the manufacturer’s fault according to the regulations of the Law;
f) When discovering that the pesticides does not meet the prescribed requirements, the manufacturer is responsible for carrying out the recall according to the provisions of Clause 2, Article 73 of the Law on Plant Protection and Quarantine No. 41/2013/QH13
g) The manager of pesticide production establishment must provide the training on the use of pesticides; provide adequate professional training for employees who directly participate in the pesticide production;
h) Comply with the regulations of the Laws on fire prevention and fighting, chemicals, Labor and environment;
i) Comply with the regulations of the Laws on environmental protection tax and other relevant laws.
- Articles 61 and 62 of the Law on Plant Protection and Quarantine No. 41/2013/QH13 dated November 25, 2013 of the National Assembly.
- Decree No. 123/2018/ND-CP dated September 17, 2018 of the Vietnam Government amending and supplementing a number of decrees regulating investment and business conditions in the agricultural sector.
Lawyer Vietnam Law Firm- Vietnamese Lawyer, Attorney At Law, Solicitor, Advocate, Barrister.