Regulations on recognition of circulation of fertilizers in Vietnam

Regulations on recognition of circulation of fertilizers in Vietnam as per Decree No. 108/2017/ND-CP dated September 20, 2017 of the Government on fertilizer management (The Decree).

Post date: 20-04-2021

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Regulations on recognition of circulation of fertilizers in Vietnam

Regulations on recognition of circulation of fertilizers in Vietnam

I.General regulations for recognition of circulation of fertilizers in Vietnam

1. Fertilizers shall be products or goods included in Group 2 or the list of conditional business lines that are recognized to be circulated in Vietnam by the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam.

2. Domestic entities and individuals or foreign entities and individuals whose representative offices, companies or branches are allowed to operate in Vietnam are entitled to apply for recognition of circulation of their fertilizers in Vietnam.

3. Each entity or individual shall only apply for recognition of a fertilizer name for each registered composition and content of nutrients.

II. Fertilizers that shall not be recognized to be circulated or have the decisions of cancel on recognition of circulation in Vietnam.

1. A fertilizer shall not be recognized for circulation in Vietnam if:
a) It contains harmful elements exceeding the limit prescribed in national technical regulations and national standards or Appendix V of this Decree if there are no national technical regulations or national standards and other relevant regulations;
b) There is scientific evidence showing that the fertilizer poses a high risk to human health and environment;
c) Its name is the same as those which has been recognized.

2. A fertilizer will have its decision of cancel on recognition of circulation if:
a) There is scientific evidence showing that the fertilizer poses a high risk to human health and environment;
b) It is found that false documents are used or information in these documents is not conformable with the application for recognition;
c) It has been recognized but fails to be re-recognized in case of expiry.

III. Forms of recognition of circulation of fertilizers in Vietnam.

1. First recognition of circulation in Vietnam shall apply to following:
a) Fertilizers that are domestically researched and produced;
b) Fertilizers that are imported to Vietnam for the first time;
c) Recognized fertilizers that are applied for changes in their quality criteria.

2. Re-recognition of circulation of a fertilizer in Vietnam shall be applied if:
a) Period of the decision on recognition of circulation expired;
b) There are changes in the information on the organization and individual owning the recognized fertilizer or the decision on recognition is lost or damaged;
c) Name of the fertilizer is transferred;
d) Name of the recognized fertilizer is changed.
The re-recognition prescribed in Points b, c and d of Clause 2 of this Article shall only be carried out if quality criteria of the fertilizer are not changed.

IV. Applications and procedures for first recognition of of circulation of fertilizers in Vietnam.

1.Submission of applications for first recognition of of circulation of fertilizers in Vietnam.
An entity or individual shall submit an application in person, by post or through web portals of the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam.
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 recognition of circulation of a fertilizer shall consist of:
a) An application form for the recognition of circulation of fertilizer using the specimen 01 prescribed in Appendix I of the Decree;
b) Written general information on the fertilizer which is provided by its producer and includes type of the fertilizer, main quality criteria, content of restricted elements of the fertilizer, instruction for use, general information on import and export of the fertilizer;
c) An original copy of the report on results of fertilizer testing using the specimen 02 prescribed in Appendix I of the Decree (except for the fertilizers prescribed in Clause 2 of Article 13 and the fertilizers included in the list prescribed in Clause 11 Article 47 of the Decree) or results of research projects and subjects of the State, Ministries or provinces and a decision on recognition of technical advances in case of the fertilizers prescribed in Point c, Clause 3 Article 13 of the Decree;
d) A specimen of fertilizer label as prescribed in Articles 33 and 34 of this Decree.

3. Verification of applications for recognition of circulation of fertilizers and recognition of circulation of fertilizers
Within 03 months from the day on which the valid application is received, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall verify the application.
If the application satisfies regulations on fertilizers, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall issue a decision on recognition using specimen 03 prescribed in Appendix I of the Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.

4. Period of a decision on recognition of circulation shall be 5 years. At least 03 months before the day on which the decision on recognition expires, the organization or individual shall apply for the re-recognition as prescribed in Article 10 of the Decree

V. Applications and procedures for re-recognition of circulation of fertilizers in case of decisions on recognition circulation expired.

1. Submission of applications for re-recognition of circulation of fertilizers in Vietnam
An organization or individual shall submit an application in person, by post or through wed portals of the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam.
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 re-recognition of a fertilizer shall consist of:
a) An application form for the re-recognition of circulation of fertilizer using the specimen 01 prescribed in Appendix I of this Decree;
b) A valid copy of the notification of receiving the declaration of conformity;
c) A specimen of the fertilizer label being traded as prescribed in Articles 33 and 34 of this Decree.

3. Verification of applications for re-recognition of circulation of fertilizers and re-recognition of circulation of fertilizers
Within 07 working days from the day on which the valid application is received, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall verify the application.
If the application satisfies regulations of law, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall issue a decision on recognition of circulation using specimen 03 prescribed in Appendix I of the Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.

VI. Applications and procedures for re-recognition in case of changes or transfer of fertilizer names, changes in information related to applicants or in the cases where decisions on recognition are lost or damaged

1. Submission of applications for information change
An organization or individual shall submit an application in person, by post or through wed 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 re-recognition of circulation of a fertilizer shall consist of:
a) An application form for the re-recognition of circulation of fertilizer using the specimen 01 prescribed in Appendix I of the Decree;
b) An original copy of the issued decision on recognition unless the decision is lost or damaged;
c) Valid copies of documents of competent authorities on intellectual property or documents of the court on violations of labels in case of changing the fertilizer name; except for the change of fertilizer names prescribed in Clause 9 Article 47 of the Decree;
d) A valid copy of the new enterprise registration certificate in case of changes in information related to the applicant;
dd) An original copy or valid copy of the contract for or agreement on transferring fertilizers in case of transfer of the fertilizer name;
e) A specimen of fertilizer label as prescribed in Articles 33 and 34 of the Decree.

3. Verification of applications for re-recognition of fertilizers and re-recognition of fertilizers
a) Within 07 working days from the day on which the valid application is received, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall verify the application.
If the application satisfies regulations of law, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall issue a decision on recognition using specimen 03 prescribed in Appendix I of the Decree or send a written explanation to the applicant if it refuses to issue the decision on recognition.
b) Period of the new decision on recognition shall be equal to those of the issued decision.

VII. Procedures for cancellation of decisions on recognition of circulation

1. In case of the fertilizers prescribed in Point a Clause 2 Article 7 of this Decree, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall consolidate information and consider canceling decisions on recognition of circulation.
2. In case of the fertilizers prescribed in Points b and c Clause 2 Article 7 of this Decree, the Plant Protection Department of Ministry of Agriculture and Rural Development of Vietnam shall inspect and review documents on recognition to consider canceling decisions on recognition of circulation.
3. A fertilizer whose decision on recognition is canceled in accordance with regulations in Clause 2 of this Article shall only be produced or imported within 06 months and traded or used within 12 months from the day on which the decision on cancellation comes into force.

LAWYER VN LAW FIRM-Vietnamese Lawyers

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