Nghị định 202/2013/NĐ-CP về quản lý phân bón

DECREE

FERTILIZER MANAGEMENT

Pursuant to the Law on Government organization dated December 25, 2001;

At the request of the Minister of Industry and Trade;

The government promulgates a Decree on fertilizer management.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree deals with the conditions for manufacturing, selling, exporting, importing fertilizers; quality control, inspection, testing, trial, naming of fertilizers; responsibility for fertilizer management.

Article 2. Subjects of application

This Decree is applied to fertilizer manufacturers, fertilizer sellers, and other entities that involve in fertilizers in Vietnam.

Article 3. Interpretation of terms

- In this Decree, the terms below are construed as follows:

1. Fertilizers are the products that provide nutrients for plants or cultivate soil.

2. Inorganic fertilizers are the fertilizers produced from minerals or chemicals, contain macronutrients, secondary nutrients, and micronutrients, and meet the requirements of National Technical Regulations, where:

a) Macronutrients include total nitrogen, effective phosphorous (P2O5) and effective potassium (K2O) in the forms that can be easily absorbed by plants;

b) Secondary nutrients include total calcium, magnesium, sulfur, SiO2hh in the forms that can be easily absorbed by plants

c) Micronutrients include boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), and zinc (Zn) in the forms that can be easily absorbed by plants.

3. Organic fertilizers are the fertilizers that are produced from organic sources and meet the requirements of National Technical Regulations.

4. Other fertilizers are mixtures of organic fertilizers and inorganic fertilizers, and the fertilizers that are not defined in Clause 2 and Clause 3 of this Article.

Article 4. Responsibility for fertilizer management

1. Uniform fertilizer management is organized by the government.

2. The Ministry of Industry and Trade is responsible to the government for fertilizer management.

The Ministry of Industry and Trade shall take charge and cooperate with relevant Ministries in performing the following tasks:

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

b) Issue legislative documents about inorganic fertilizers defined in Clause 2 Article 3 of this Decree; establish technical standards and norms for inorganic fertilizers;

c) Manage the manufacture, sale, and quality of inorganic fertilizers;

d) Appoint and monitor the operation of laboratories in charge of testing inorganic fertilizers;

dd) Conduct scientific researches into inorganic fertilizers; collect, manage information and documents about inorganic fertilizers; seek international cooperation with regard to inorganic fertilizers;

e) Provide training and disseminate the laws on inorganic fertilizers;

g) Carry out inspections, settle disputes and denunciations; impose penalties for violations related to the export, import, manufacture, sale, and quality of inorganic fertilizers.

The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Agriculture and Rural Development in inspecting the entities that manufacture not only inorganic fertilizers but also organic fertilizers and other fertilizers.

3. The Ministry of Agriculture and Rural Development shall take charge and cooperate with relevant Ministries in performing the following tasks:

a) Issue legislative documents about organic fertilizers and other fertilizers defined in Clause 3 and Clause 4 Article 3 of this Decree; establish technical standards and norms for organic fertilizers and other fertilizers;

b) Manage the manufacture, sale, and quality of organic fertilizers and other fertilizers;

c) Appoint and monitor the operation of laboratories in charge of testing organic fertilizers and other fertilizers;

d) Provide training for the persons in charge of fertilizer sampling and issue certificates of training;

dd) Carry out agricultural extension; disseminate knowledge, experience, and instructions on how to use fertilizers.

e) Conduct scientific researches; collect, manage information and documents about organic fertilizers and other fertilizers; provide training in the laws on organic fertilizers and other fertilizers; seek international cooperation with regard to organic fertilizers and other fertilizers;

g) Carry out inspections, settle disputes and denunciations; impose penalties for violations related to the export, import, manufacture, sale, and quality of organic fertilizers and other fertilizers.

4. Responsibilities of other Ministries:

a) The Ministry of Science and Technology shall verify and announce national standards for fertilizers, assess the technical norms for fertilizers; cooperate with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in conducting scientific research, technology transfers and application, establish national standards, technical norms, controlling the fertilizer quality, accrediting laboratories, and managing intellectual property related to fertilizers;

b) The Ministry of Planning and Investment shall cooperate with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in formulating the programs, plans, and policies on manufacture and sale of fertilizers; carrying out inspections and supervision; settling complaints and denunciations; imposing penalties for violations during investment, manufacture, or sale of fertilizers;

c) The Ministry of Natural Resources and Environment shall cooperate with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in formulating the programs, plans, and policies on environment protection during the manufacture, sale, quality control, and use of fertilizers.

5. Responsibilities of the People’s Committees

a) Provide instructions on how to use fertilizers effectively without polluting the environment;

b) Introduce policies on supporting the manufacture, sale, and use of fertilizers locally;

c) Disseminate knowledge about the laws, provide information about fertilizer quality for manufacturers, sellers, and users of fertilizers;

d) Carry out inspections; impose penalties for administrative violations against the laws on fertilizers committed locally;

dd) Cooperate with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development in carrying out inspections and supervision; settling complaints and denunciations; imposing penalties for violations related to the manufacture and sale of fertilizers that are committed locally.

Article 5. Responsibilities of fertilizer manufacturers, sellers, exporters, and importers

1. Fertilizer manufacturers shall:

a) Satisfy the requirements for manufacturing fertilizers specified in Article 8 of this Decree before being eligible for the License for fertilizer manufacture; only start manufacturing fertilizers after being licensed by a competent authorities;

b) Adhere to the License for fertilizer manufacture issued, the regulations on fertilizer manufacture in this Decree and relevant laws;

c) Issue declarations of conformity of fertilizers in accordance with the laws on technical standards and norms;

d) Keep a log of the manufacture process and retain it for at least 02 years; retain documents about the test results; retain samples of ingredients and finished products for 06 months from the sampling date;

dd) Provide information about the quality on the fertilizer labels, packages, or attached documents in accordance with the laws on goods labeling;

e) Recall and treat substandard fertilizers; provide compensation for any the damage inflicted in accordance with law;

g) Make biannual and annual reports; make irregular fertilizer-related reports at the request of competent authorities  

The Minister of Industry and Trade shall provide the report forms and the time for sending reports on inorganic fertilizers; the Minister of Agriculture and Rural development shall provide the report forms and the time for sending reports on organic fertilizers and other fertilizers.

Any entity that manufactures not only inorganic fertilizers but also organic fertilizers and other fertilizers shall send reports to the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development;

h) Facilitate the inspections by competent authorities; comply relevant laws on manufacture of other goods.

2. Fertilizer sellers shall:

a) Comply with the requirements for selling fertilizers specified in Article 15 of this Decree. If any of the said requirements is not satisfied during the sale, the operation shall be suspended until all requirements are satisfied;

b) Take measures for fertilizer quality control in order to maintain the quality of the fertilizers they sell;

c) Check the origins, the labels, conformity markings, and other documents related to fertilizer quality;

d) Facilitate the inspections of by competent authorities with regard to fulfillment of requirements for selling fertilizers in this Decree and relevant laws.

3. Fertilizer exporters and importers shall:

a) Comply with the requirements for exporting and importing fertilizers specified in Article 16 and Article 17 of this Decree;

b) Comply with the regulations on goods quality in the laws on goods quality;

h) Facilitate the inspections by competent authorities; comply relevant laws on export and import of other goods.

Article 6. Prohibited acts

1. Manufacturing fertilizers before obtaining a License for fertilizer manufacture.

2. Manufacturing, selling, exporting, importing fake or banned fertilizers.

3. Manufacturing, selling, exporting, importing, trading, advertising fertilizers that fail to meet the requirements of National Technical Regulations, or selling expired fertilizers.

4. Exporting, importing, selling fertilizers without legal documents proving their manufacturers, exporters, importers, or suppliers.

5. Fabricating or deliberately providing false results of testing, inspection, assessment or certification of fertilizer quality.

6. Forging or illegally using conformity marks; other frauds related to fertilizer quality.

7. Replacing, swapping, changing the composition or additives, adding impurities that reduce the fertilizer quality in comparison to the applied standards or corresponding technical norms.

8. Providing false information or running misleading advertisements with regard to fertilizer quality or origins.

9. Concealing information about the threat to safety of humans and the environment from the fertilizers.

10. Misuse of power to obstruct, harass the manufacture, sale, export, or import of fertilizers of other entities; concealment of violations against the laws on fertilizer.

Article 7. Application of laws

1. Fertilizers must be managed in accordance with this Decree and relevant laws.

2. In case the an International Agreement to which the Socialist Republic of Vietnam is a signatory contains regulations that contravene this Decree, the International Agreement shall apply.

Chapter 2.

REQUIREMENTS FOR MANUFACTURING, SELLING, EXPORTING, AND IMPORTING FERTILIZERS

SECTION 1. REQUIREMENTS FOR MANUFACTURING FERTILIZERS

Article 8. Requirements for manufacturing fertilizers

1. A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.

2. The infrastructure is satisfactory, in particular:

a) The location, area, workshops, and warehouses are suitable for the manufacturing capacity;

b) The machinery, equipment, and technology process is suitable for the manufacturing capacity and categories of fertilizers;

c) A quality control system is established and maintained; standards are applied to raw materials to ensure fertilizer quality;

d) A laboratory is available, or an contract for quality control is concluded with an appointed or accredited laboratory that has been licensed for testing or analysis in accordance with the laws on goods quality;

dd) A waste treatment system that meets national standards and norms for environment is available;

e) All requirements regarding fire safety environment protection, occupational safety and hygiene according to relevant laws are satisfied.

3. Personnel:

a) The managers, technicians, and operators of the fertilizer manufacturing process are accomplished in chemistry, physics, or biology. The Technical Director or Deputy Technical Director possess bachelor’s degrees or higher;

b) The workers that directly work with fertilizers are provided with knowledge or training in fertilizers.

4. The Minister of Industry and Trade shall specify the requirements for manufacturing inorganic fertilizers mentioned in Points a, b, c, and d Clause 2 of this Article.  The Minister of Agriculture and Rural development shall specify the requirements for manufacturing organic fertilizers and other fertilizers mentioned in Points a, b, c, and d Clause 2 of this Article.

Article 9. Application for License for fertilizer manufacture

1. An application for License for fertilizer manufacture consists of:

a) An application form;

b) A photocopy of the Certificate of Business registration, Certificate of investment, or Certificate of Business registration;

c) Documents proving the fulfillment of the requirements in Clause 2 and Clause 3 Article 8 of this Decree.

2. The Minister of Industry and Trade shall specify the documents proving the fulfillment of requirements for manufacturing inorganic fertilizers mentioned in Clause 1 of this Article. The Minister of Agriculture and Rural development shall specify the documents proving the fulfillment of requirements for manufacturing organic fertilizers and other fertilizers mentioned in Clause 1 of this Article.

Article 10. Procedure for issuance of License for fertilizer manufacture

1. Every applicant for the License for fertilizer manufacture shall send a package of application to the issuing authority, whether directly or by post.

2. Within 20 working days from the day on which sufficient and valid documents are received according to Clause 1 Article 9 of this Decree, the issuing authority shall verify the application and issue the License for fertilizer manufacture if the applicant is eligible. If the application is rejected, the issuing authority shall make a written response specifying the explanation.

Article 11. Contents of License for fertilizer manufacture

1. Each License for fertilizer manufacture must specify:

a) The name and address of the head office of the fertilizer manufacturer;

b) The location of fertilizer manufacturing;

c) The categories of fertilizers and manufacturing capacity;

d) Obligations of the licensed entity.

2. The Minister of Industry and Trade shall provide the form of the License for manufacture of inorganic fertilizers, the Minister of Agriculture and Rural development shall provide the form of the License for manufacture of organic fertilizers and other fertilizers.

Article 12. Procedures for reissuing or adjusting License for fertilizer manufacture

1. The License shall be reissued if it is lost, incorrect, or damaged.

2. The License shall be adjusted when:

a) The business registration, location, operating conditions, or information about the applicant is changed;

b) The manufacturing capacity, categories, or names of fertilizers are changed, or a fertilizer is removed from the market.

3. An application for reissuance of or adjustment to the License for fertilizer manufacture consists of:

a) An application form specifying the reasons for reissuance of adjustment;

b) The documents proving the changes and the fulfillment of manufacturing requirements mentioned in Clause 2 Article 8 of this Decree. This is also applied to license adjustment;

c) The License for fertilizer manufacture (unless it is lost).

4. Within 10 working days from the day on which sufficient documents are received according to Clause 3 of this Article, the issuing authority shall verify the application and reissue or adjust the License for fertilizer manufacture. If the application is rejected, the issuing authority shall make a written response specifying the explanation.

5. The Minister of Industry and Trade shall provide the form of the application for reissuance of or adjustment to the License for manufacture of inorganic fertilizers. The Minister of Agriculture and Rural development shall provide the form of the application for reissuance of or adjustment to the License for manufacture of organic fertilizers and other fertilizers.

Article 13. Revocation of License for fertilizer manufacture

1. Cases of revocation:

a) Any of the requirements for fertilizer manufacture in Article 8 of this Decree is not satisfied;

b) The License is falsified or changed without permission;

c) False documentation or false information is provided in the application package;

d) The license holder fails to commence the manufacture of fertilizers within 06 months from the issuance date of the License;

dd) The license holder terminates the operation or goes bankrupt.

2. The License shall be revoked by the issuing authority. The entity that has their License revoked must send the License to the issuing authority within 07 days from the day on which the decision on revocation is made.

Article 14. Issuing authorities

The Minister of Industry and Trade shall issue License for manufacture of inorganic fertilizers; the Ministry of Agriculture and Rural Development shall issue License for manufacture of organic fertilizers and other fertilizers. The Ministry of Industry and Trade shall take charge and cooperate with the Ministry of Agriculture and Rural Development in issuing licenses to the entities that manufacture not only inorganic fertilizers but also organic fertilizers and other fertilizers.

SECTION 2. REQUIREMENTS FOR SELLING, EXPORTING, AND IMPORTING FERTILIZERS

Article 15. Requirements for selling fertilizers

1. A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.

2. The store or the business location where fertilizers are displayed for sale is able to maintain their quality as prescribed by the laws on goods quality.

3. The fertilizer containers are satisfactory in terms of quality and environmental hygiene; fertilizers are transported by appropriate vehicles (whether owned or leased under contracts).

4. Fertilizers are stored in separate warehouses (whether owned or leased under contracts) where the conditions for storing fertilizers are satisfactory throughout the span of the business. In the fertilizer retail outlets where warehouses are not available, fertilizers are kept in appropriate containers.

5. Legal documents proving the manufacturers, importers, or suppliers of the fertilizers being sold are presented.

6. All requirements for fire safety, environment protection, occupational hygiene and safety are satisfied.

7. The Minister of Industry and Trade shall specify the requirements for selling inorganic fertilizers Clauses 2, 3, 4, and 5 of this Article.  The Minister of Agriculture and Rural development shall specify the requirements for selling organic fertilizers and other fertilizers mentioned in Clauses 2, 3, 4, and 5 of this Article.

8. Any entity that manufactures not only inorganic fertilizers but also organic fertilizers and other fertilizers must satisfy the requirements mentioned in this Article and additional instructions from the Minister of Industry and Trade and the Minister of Agriculture and Rural development.

Article 16. Requirements for exporting fertilizers

1. Any entity that manufactures, sells fertilizers, and any entity that engages in activities related fertilizers may export fertilizers when all of the following requirements are satisfied:

a) A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.

b) Corresponding National Technical Regulations are complied with throughout the manufacturing process or quality control systems are established in order to ensure the quality of the products meant for export;

c) Exported fertilizers are conformable with regulations of the importing countries, contracts, international treaties, and mutual recognition agreements with regard to conformity assessments with relevant countries and territories.

2. The Minister of Industry and Trade shall specify the documents must be presented to the customs by fertilizer exporters to complete the procedure for exporting inorganic fertilizers; the Minister of Agriculture and Rural development shall specify the documents must be presented to the customs by fertilizer exporters to complete the procedure for exporting organic fertilizers and other fertilizers.

Article 17. Requirements for importing fertilizers

1. Fertilizers may be imported when all of the following requirements are satisfied:

a) A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority.

b) The imported consignment has a certificate of conformity issued by an appointed certification body;

c) The labels of imported fertilizers are conformable with the laws on goods labels and the laws on goods quality; the imported fertilizers are safe for the environment.

2. The Minister of Industry and Trade shall specify the documents must be presented to the customs by fertilizer exporters to complete the procedure for importing inorganic fertilizers; the Minister of Agriculture and Rural development shall specify the documents must be presented to the customs by fertilizer exporters to complete the procedure for importing organic fertilizers and other fertilizers.

Chapter 3.

QUALITY CONTROL, TESTING, TRIAL, AND NAMING OF FERTILIZER

Article 18. Fertilizer quality control

1. The quality of fertilizers in the list of Group 2 goods shall be controlled in accordance with the laws on goods quality, technical standards and norms adopted by competent authorities, and the standards applied by manufacturers.

2. The fertilizers without corresponding technical norms for quality must bear the text “SAMPLE” or “EXPERIMENTAL PRODUCT” on their labels, and must not be sold.

3. The Ministry of Industry and Trade shall establish technical norms for quality of inorganic fertilizers; impose regulations on declaration of conformity of inorganic fertilizers, whether imported or manufactured at home; compile and announce a list of inorganic fertilizers that have declarations of conformity.

The Ministry of Agriculture and Rural Development shall establish technical norms for quality of organic fertilizers and other fertilizers; impose regulations on declaration of conformity of organic fertilizers and other fertilizers, whether imported or manufactured at home; compile and announce a list of inorganic fertilizers that have declarations of conformity; impose limits on fertilizers manufactured or imported for trial according to Clause 2 of this Article.

Article 19. Sampling and testing fertilizers

1. Sampling fertilizers

a) Fertilizers shall be sampled by the persons that possess certificates of training in fertilizer sampling;

b) The sampling method must comply with national standards or technical norms for fertilizer sampling;

c) If a fertilizer does not have corresponding national standards or technical norms for sampling, the sampling method announced by the manufacturer or importer shall be used.

2. Quality testing

a) The testing of quality of fertilizers serving conformity assessment or state management must be carried out by accredited or appointed laboratories.

b) The quality criteria must be analyzed using the methods provided in corresponding national standards or technical norms;

c) If a fertilizer does not have a testing method in any corresponding national standards or technical norms for sampling, the testing method announced by manufacturer or importer shall be used. The fertilizer importer or manufacturer must announce the methods for testing the quality criteria of the fertilizers they manufacture or import.

3. The Minister of Industry and Trade shall introduce regulations on accrediting, appointing, and managing the operation of laboratories, tolerances of the tests; settling complaints against testing results, the disparity between the quality testing results produced by different laboratories or certification bodies that are appointed, and appointment of laboratories with regard to inorganic fertilizers.

The Minister of Agriculture and Rural development shall introduce regulations on providing training issuance of certificates, and managing the persons in charge of fertilizer sampling; accrediting, appointing, and managing the operation of laboratories; tolerances of the tests; settling complaints against testing results, the disparity between the quality testing results produced by different laboratories or certification bodies that are appointed, and appointment of laboratories with regard to organic fertilizers and other fertilizers.

Article 20. Fertilizer trials

1. Capable entities shall conduct the trials themselves or sign contracts with capable organizations to conduct trials within their competence, and are responsible for the trial results.

2. The fertilizers that are not enumerated in the List of permissible fertilizers in Vietnam before this Decree takes effect must undergo trials before issuing declarations of conformity.

3. The Minister of Agriculture and Rural development shall introduce specific regulations on fertilizer trials.

Article 21. Naming fertilizers

1. Fertilizers must be named in accordance with current laws on goods labels.

2. The names of fertilizers must not contravene moral values, contain only numbers; coincide or confusingly approximate the names of registered fertilizers; causing confusion over the nature and effects of fertilizers.

Chapter 4.

IMPLEMENTATION

Article 22. Transition

1. Within 02 years from the effective date of this Decree, every fertilizer manufacturer or trader must satisfy all of the requirements in this Decree. Any fertilizer manufacturer or trader that fails to do so must suspend their operation until all requirements are satisfied.

2. The manufacturers and importers of the fertilizers enumerated in the List of permissible fertilizers in Vietnam before this Decree takes effect must issue declarations of conformity within 01 year from the effective date of this Decree.

3. Holders of the fertilizers under trials before this Decree takes effect must sign contracts with the organizations capable of conducting fertilizer trials to provide instructions and safety warnings before fertilizers are sold or used.

Article 23. Effect

1. This Decree takes effect on February 01, 2014.

2. This Decree supersedes the Government's Decree No. 113/2003/ND-CP dated October 07, 2003 on management of manufacture and sale of fertilizers, and the Government's Decree No. 191/2007/ND-CP dated December 31, 2007 on amendments to the Decree No. 113/2003/ND-CP.

Article 24. Organization of implementation

1. The Minister of Industry and Trade and the Minister of Agriculture and Rural development shall introduce regulations and provide instructions on the implementation of the regulations of this Decree.

2. Other Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, and relevant entities are responsible for the implementation of this Decree./.

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