Thông tư 29/2014/TT-BCT

CIRCULAR

DETAILING AND PROVIDING GUIDANCE ON THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF INORGANIC FERTILIZERS, PROVIDING GUIDANCE ON LICENSING TO MANUFACTURE INORGANIC FERTILIZERS, ORGANIC FERTILIZERS AND OTHER FERTILIZERS IN THE GOVERNMENT'S DECREE 202/2013 / ND-CP DATED DECEMBER 27, 2013 ON FERTILIZER MANAGEMENT

Pursuant to the Government's Decree No. 202/2013 / ND-CP dated November 27, 2013 on fertilizer management ;

Pursuant to the Government's Decree No. 95/2012 / ND-CP dated November 12, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade ;

At the request of the Director of Vietnam Chemicals Agency;

The Minister of Industry and Trade promulgates the Circular detailing and providing guidance on the implementation of a number of articles of inorganic fertilizers, providing guidance on licensing to manufacture inorganic fertilizers, organic fertilizers and other fertilizers in the Government's Decree 202/2013 / ND-CP dated December 27, 2013 on fertilizer management

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides guidance on the implementation and specific provisions as follows:

a) Guidance on the implementation of production conditions of inorganic fertilizers; guidance on licensing inorganic fertilizers, licensing to manufacture inorganic fertilizers, organic fertilizers and other types of fertilizers, business conditions of inorganic fertilizers; papers and documents for export and import of inorganic fertilizers;

b) Specific provision on the form, papers, documents meeting the production conditions of inorganic fertilizer; written forms for regranting or adjustment the License for manufacture of inorganic fertilizers and forms of the License for manufacture of inorganic fertilizers ; declaration of conformity for inorganic fertilizer manufactured, imported, summarized and declaration of list of inorganic fertilizers which have declared the conformity; assignment and management of operations of laboratories, certification and inspection of inorganic fertilizers; responsibilities of management, inspection, actions against violations of manufacture, business and quality of inorganic fertilizers.

2. Transitting, business in transit or temporary import for re-export or temporary import for re-export of inorganic fertilizers complied with the provisions of the Law on Commerce and legal documents detailing the implementation of the Law on Commerce shall not be within the scope of regulation of this Circular.

Article 2. Regulated entities

This Circular shall be applied to organizations and individuals manufacturing, trading, exporting, importing, testing, certifying, appraising the quality of inorganic fertilizers; manufacturers of inorganic fertilizers, organic fertilizers and other fertilizers; organizations and individuals involved in operation in the fertilizer sector in Vietnam.

Article 3. Interpretation of terms

In this Circular, the following terms shall be interpreted as follows:

1. Root fertilizers are fertilizers applied directly to the soil or water to provide nutrients for plants through their roots.

2. Foliar fertilizers are fertilizers used for irrigation or spraying directly on the leaves, stems of plants.

3. Macronutrients include nitrogen denoted N (Nts ); phosphate denoted P (P2O5hh) and kali denoted K (K2Ohh) under the form that can be easily absorbed by plants: .

4. Secondary nutrients include total calcium ( Ca or CaO), magnesium ( Mg or MgO), sulfur ( S), and silicon (Si or SiO_2hh) under the form that can be easily absorbed by plants

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

6. Fertilizer batch is a set of fertilizers with determined amount, the same name, marks, brands, packaging, technical characteristics manufactured by the same facility and in the same export or import document.

7. Inorganic fertilizers operations mean a number of operations in manufacturing, trading, export and import of inorganic fertilizers; manufacturing inorganic fertilizer, organic fertilizer and other fertilizers.

8. Copies mean certified true documents or certification stamped documents of organizations and individuals (if applications are submitted by post), snapshot attached with the original for comparison (it applications are submitted directly), the scan from the original (if applications are submitted through electronic network).

Article 4. Types of inorganic fertilizer

1. Macro fertilizer (mineral fertilizer) shall include:

a) Nitrogenous fertilizer: The main component contains only macronutrient that is nitrogen. Nitrogenous fertilizer includes: urea fertilizer, ammonium nitrate, sulphate, ammonium, chloride, ammonium, inorganic salts under the form of nitrate, cyanamide and compound containing nitrogen supplemented with or without humectant, utilization efficiency improver and growth regulators , substance increasing plant immunity, anti-caking substance;

b) Phosphate fertilizer: The main component contains only one macronutrient that is phosphate. Phosphate fertilizers include Calcium Magnesium Phosphate (FMP), single supephosphat , double supephosphat, rich supe phosphate, calcium phosphate and compounds containing phosphorus supplemented with or without humectant, utilization efficiency improver and growth regulators , substance increasing plant immunity, anti-caking substance;

c) Potassium fertilizer :The main component contains only one macronutrient that is potassium. The potassium fertilizers includes potassium, chloride, sulfate potassium, chlorate potassium and potassium compounds supplemented with or humectant, utilization efficiency improver and growth regulators , substance increasing plant immunity, anti-caking substance;

2. Secondary fertilizer: The main component contains one or more secondary nutrients supplemented with or without additional humectant, utilization efficiency improver, growth regulators, substance increasing plant immunity, anti-caking substance.

3. Trace elements fertilizer : The main component contains one or more micronutrients supplemented with or without additional humectant, utilization efficency improver, growth regulators, substance increasing plant immunity, anti-caking substance.

4. Complex fertilizer: The component contains at least 2 (two) macronutrients linked by chemical bonds (diammonium phosphate fertilizers (DAP), monoamoni phosphate (MAP), sunlhat potassium magnesium, potassium nitrate, ammonium polyphosphates (APP), nitro phosphate, potassium dihydrogen ...) supplemented with or without humectant, utilization efficiency improver, growth regulators, substance increasing plant immunity, anti-pilling sudstance.

5. Mixture fertilizer: It is produced by mixing two kinds of inorganic fertilizers prescribed in clauses 1, 2, 3, 4 of this Article supplemented with or without additional humectant, untilization efficency improver, growth regulators, substance increasing plant immunity, anti-caking substance.

6. Fertilizers specified from clause 1 to 5 of this Article contain organic fertilizer which is less than 5% of inorganic fertilizer.

Chapter II

MANUFACTURE, TRADE, EXPORT, IMPORT OF INORGANIC FERTILIZERS

Section 1. MANUFACTURE OF INORGANIC FERTILIZER

Article 5. Guidance on production conditions of inorganic fertilizer

The production conditions of inorganic fertilizers prescribed at Points a, b, c, d, Clause 2, Article 8 of the Government's Decree No. 202/2013 / ND-CP dated November 27, 2013 on fertilizer management ( hereinafter referred to as Decree No. 202/2013 / ND-CP) shall be guided as follows:

1. The premises area, factories, storage of materials, storage of fertilizer finished products must suit production capacity. The minimum capacity of the production facilities of inorganic fertilizers is defined in Appendix 1 enclosed with this Circular .

2. The production line must meet the production capacity, be mechanized and ensure the quality of produced fertilizer. Machinery and equipment for the production of fertilizers must have clear origin and legitimacy. Machinery and equipment shall have stringent requirements for safety and test measurement instruments must be verified, calibrated and adjusted as prescribed.

3. Production technology process for each type of fertilizer must suit machinery and equipment and production capacity.

4. Laboratory of fertilizer production facilities must have ability to analyze quality norms specified in National technical regulation for the output products and quality norms defined in the standard applied to input material to control product quality.

inorganic fertilizer production facilities which have no laboratory or have laboratory but fail to test all the quality norms specified in National technical regulation must enter into a contract with a designated or recognized laboratory to control the quality of fertilizer products.

5. The storage of materials, storage of finished products of fertilizer must suit the production capacity. The storage shall have means of preserving the quality of fertilizer during storage. Fertilizers placed in storages must meet the safety requirements for employees and goods. The storage of fertilizer must have rules with contents of quality assurance of fertilizer quality and hygiene, labour safety .

6. Organizations and individuals hiring another organization or individual to manufacture inorganic fertilizer must have a contract in writing and meet all the conditions as stipulated in Clause 1, Article 8 of Decree No. 202 / 2013 / ND-CP. Organizations and individuals that are hired to manufacture inorganic fertilizers must meet the conditions specified in paragraph 1 of Article 8 of Decree No. 202/2013 / ND-CP and requirements for technical facilities, technical documents specified from paragraph 1 to paragraph 5 of this Article. The organizations and individuals hiring another organization or individual to manufacture inorganic fertilizers shall make an application for granting the License for manufacture of inorganic fertilizers according to the provisions of Article 6 of this Circular.

Article 6. Procedures for License for manufacture of inorganic fertilizers

1. The application shall include :

a) A written form for granting License for manufacture of inorganic fertilizers under the form specified in Appendix 2 enclosed with this Circular;

b) A copy of Certificate of Enterprise registration or Investment certificate or Certificate of Business registration;

c) A written description of manufacturing process, technical facilities ( factories, storage), machinery, equipment ( A list of machinery capacity, equipment that suit the production stage and scale of the facility; instruments of measurement, inspection of quality of fertilizer). A list of area, premises of the factory, storage, offices and ancillary works;

d) A copy of the Decision of approval for environmental impact assessment report or certificate of environment protection commitment registration granted by competent agencies ;

dd) A copy of the Certificate of approval for fire prevention, fire fighting or a copy of the decision of approval for firefighting plans granted by competent agencies ;

e) A list of the team of management, technique and manufacture operating. A statistical table of total employees and the amount of trades directly manufacturing fertilizers in the form prescribed in Appendix 3 enclosed with this Circular; A copy of work permit for foreign workers (if any);

g) A copy of the testing contract with designated test organizations (if any);

h) A copy of the written declaration of the application standard for the main material, input additives corresponding to each type of production fertilizer (if any);

i) A copy of the certificate of the quality control system according to ISO 9001: 2008 or equivalent (if any);

k) An outsourcing contract (for the case of organizations and individuals hiring another organization or individual to manufacture inorganic fertilizer );

2. Procedures for granting the licence

a) Organizations or individuals manufacturing inorganic fertilizer shall make 1( one) set of application including the papers and documents as prescribed in Paragraph 1 of this Article and submit to Vietnam Chemicals Agency by post or directly ;

b) Within 3 (three) working days from the date of receipt of the application, Vietnam Chemicals Agency must notify the organizations and individuals of the completeness and validity of the application and request the organizations and individuals to complete the application. The time of notifying and completing the application shall not included in the time of granting the licence specified in point c of this clause;

c) Within 20 (twenty) working days from the date of receipt of the satisfactory application, the Vietnam Chemicals Agency shall verify the application, inspect the actual conditions and grant the License for manufacture of inorganic fertilizers in the form prescribed in Appendix 4 enclosed with this Circular to organizations and individuals meeting the conditions. If the application is not satisfactory, Vietnam Chemicals Agency must make a reply in writing and clearly state the reason.

Article 7. Procedures for regranting the License for manufacture of inorganic fertilizers

1. For lost licences

a) Organizations or individuals having the License for manufacture of inorganic fertilizers when detecting the loss of the license must promptly notify licensing agency ;

b) Vietnam Chemicals Agency shall post a notice of the loss of the license on Web portal of the Ministry of Industry and Trade within 10 (ten) working days;

c) Organizations and individuals shall make an application for regranting the Licence in the form prescribed in Appendix 5 enclosed with this Circular and submit it to Vietnam Chemicals Agency by post or directly ;

d) Within ten (10) working days from the date of receipt of a satisfactory application, the Vietnam Chemicals Agency shall inspect and verify to regrant the License for manufacture of inorganic fertilizers in the form prescribed in Appendix 4 enclosed with this Circular. If the application is rejected, Vietnam Chemicals Agency must make a reply in writing and clearly state the reason.

2. For faulty or damaged licences

a) Organizations having the License for manufacture of inorganic fertilizers when detecting the fault or damage of the Licence must make 1 (one) set of application for regranting the Licence and submit to the Vietnam Chemicals Agency by post or directly ;

b) The application for regranting the licence shall include the written form for regranting the licence in the form prescribed in Appendix 5 enclosed with this Circular and the original of the License for inorganic fertilizer manufacture which have been granted but is faulty or the remaining original which can be identified of the damaged License for manufacture of inorganic fertilizer ;

c) Within ten (10) working days from the date of receipt of a satisfactory application, the Vietnam Chemicals Agency shall inspect and verify to regrant the License for manufacture of inorganic fertilizers in the form prescribed in Appendix 4 enclosed with this Circular. If the application is rejected, Vietnam Chemicals Agency must make a reply in writing and clearly state the reason.

Article 8. Procedures for adjusting the License for manufacture of inorganic fertilizers

1. The application for adjusting shall include :

a) A written form of adjusting the License for manufacture of inorganic fertilizers under the form specified in Appendix 6 enclosed with this Circular;

b) The original of the License for manufacture of inorganic fertilizers granted;

c) Papers and documents to prove that content adjustment shall meet production conditions of the inorganic fertilizer

2. Procedure for adjusting the Licence:

a) The organization or individual manufacturing inorganic fertilizers shall make 1( one) set of application including the papers and documents as prescribed in Paragraph 1 of this Article and submit it to Vietnam Chemicals Agency by post or directly ;

b) Within 3 (three) working days from the date of receipt of the application, Vietnam Chemicals Agency must notify the organizations and individuals of the completeness and validity of the application and request the organizations and individuals to complete the application. The time of notifying and completing the application shall not be included in the time of granting the licence specified in point c of this clause;

c) Within 10 (twenty) working days from the date of receipt of the satisfactory application, the Vietnam Chemicals Agency shall verify the application, inspect the actual conditions and adjust the License for manufacture of inorganic fertilizers in the form prescribed in Appendix 7 enclosed with this Circular for organizations and individuals meeting the conditions. If the application is not satisfactory, Vietnam Chemicals Agency must make a reply in writing and clearly state the reason.

Article 9. Procedures for licensing to manufacture inorganic fertilizer, organic fertilizer and other types of fertilizer

1. Application for licensing shall include :

a) A written form of licensing to manufacture inorganic fertilizer, organic fertilizer and other types of fertilizer in the form prescribed in Appendix 8 enclosed with this Circular;

c) Papers and documents of guarantee of production conditions of inorganic fertilizer as prescribed in clause 1, Article 6 of this Circular;

c) Papers and documents of guarantee of production conditions of organic fertilizer and other types of fertilizers under the regulations of the Ministry of Agriculture and Rural development .

2. Procedures for granting the licence

a) The organization or individual manufacturing inorganic fertilizer shall make 1( one) set of application including the papers and documents as prescribed in Paragraph 1 of this Article and submit it to the Ministry of Industry and Trade by post or directly ;

b) Within 3 (three) working days from the date of receipt of the application, The Ministry of Industry and Trade must notify the organizations and individuals of the completeness and validity of the application and request the organizations and individuals to complete the application. The time of notifying and completing the application shall not be included in the time of granting the licence specified in point c of this clause;

Organizations and individuals that have been granted the License for manufacture of inorganic fertilizers, in the course of operation, if needing to supplement the production of organic fertilizer and other types of fertilizer, must make an application for granting the License for manufacture of organic fertilizer and other types of fertilizer as prescribed by the Ministry of Agriculture and Rural Development and shall use the License for manufacture of inorganic fertilizers, the License for manufacture of organic fertilizer and other types of fertilizer without needing the License for manufacture of inorganic fertilizers, organic fertilizers and other types of fertilizer. This provision shall also be applied to cases where organizations and individuals who have been granted the License for manufacture of organic fertilizer and other types of fertilizer wish to manufacture inorganic fertilizer

Article 10. Procedures for regranting the License for manufacture of inorganic fertilizers, organic fertilizer and other types of fertilizer

1. For lost licences

a) Organizations or individuals having the License for manufacture of inorganic fertilizers, organic fertilizers and other types of fertilizer when detecting the loss of the license must promptly notify the licensing agency ;

b) The Ministry of Industry and Trade shall notify the lead agency granting the License for manufacture of organic fertilizers and other fertilizers of the Ministry of Agriculture and Rural development and post a notice of the loss of the license on their Web portal within 10 (ten) working days;

c) Organizations and individuals shall make an application for regranting the Licence in the form prescribed in Appendix 10 enclosed with this Circular and submit it to The Ministry of Industry and Trade by post or directly ;

d) The Ministry of Industry and Trade shall consult the Ministry of Agriculture and Rural Development about the application for regranting the licence within 5 (five) working days;

dd) Within 5 (five) working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall verify and inspect to regrant the License in the form prescribed in Appendix 9 enclosed with this Circular. If the Ministry of Industry and Trade do not regrant the licence, they must make a reply in writing and clearly state the reason

2. For faulty or damaged licences

a) Organizations having the License for manufacture of inorganic fertilizers, organic fertilizers and other fertilizers when detecting the fault or damage of the Licence must make 1 (one) set of application for regranting the Licence and submit it to the Ministry of Industry and Trade (Vietnam Chemicals Agency) by post or directly ;

b) The application for regranting the licence shall include the written form for regranting the licence in the form prescribed in Appendix 10 enclosed with this Circular and the original of the License which has been granted but is faulty or the remaining original which can be identified of the damaged License ;

c) The Ministry of Industry and Trade shall consult the Ministry of Agriculture and Rural Development about the application for regranting the licence within 5 (five) working days;

d) Within 5 (five) working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall verify and inspect to regrant the License in the form prescribed in Appendix 9 enclosed with this Circular. If the Ministry of Industry and Trade do not regrant the licence, they must make a reply in writing and clearly state the reason

Article 11. Procedures for adjusting the License for manufacture of inorganic fertilizers, organic fertilizer and other fertilizers

1. The application for adjusting shall include :

a) A written form of adjusting the License for manufacture of inorganic fertilizers, organic fertilizer and other fertilizers in the form prescribed in Appendix 11 enclosed with this Circular;

b) The original of the License for manufacture of inorganic fertilizers, organic fertilizer and other fertilizers granted

c) Documents confirming the changed contents and documents proving the change and adjustment meeting the conditions specified in clauses b, c, Clause 1, Article 9 of this Circular.

2. Procedures for adjusting the Licence:

a) Organizations or individuals manufacturing inorganic fertilizer shall make 1( one) set of application including the papers and documents as prescribed in Paragraph 1 of this Article and submit it to the Ministry of Industry and Trade by post or directly ;

b) Within 3 (three) working days from the date of receipt of the application, The Ministry of Industry and Trade must notify the organizations and individuals of the completeness and validity of the application and request the organizations and individuals to complete the application. The time of notifying and completing the application shall not included in the time of granting the licence specified in point c of this clause;

c) The Ministry of Industry and Trade shall consult the Ministry of Agriculture and Rural Development about the application for granting the licence within 5 (five) working days;

d) Within 10 (five) working days from the date of receipt of the opinion of the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade shall verify the application, inspect the actual conditions and adjust the License for the organizations and individuals who meet the conditions specified in the form defined in Appendix 12 enclosed with this Circular. If the Ministry of Industry and Trade do not adjust the Licence, they must make a reply in writing and clearly state the reason.

Article 12. Declaration of list of licensed organizations and individuals

Within 3 (three) working days from the date of granting the license, the Ministry of Industry and Trade shall summarize and declare the list of organizations and individuals granted the licence on their Web portal and send it to the Service of Industry and Trade at the place where the organizations and individuals register their operation. The list of the licence for manufacture of inorganic fertilizers, organic fertilizers and other fertilizers granted shall be sent to the Ministry of Agriculture and Rural Development for declaration on their Web Portal.

Section 2. TRADING, EXPORT, IMPORT OF INORGANIC FERTILIZERS

Article 13. Guidance on the implementation of business conditions of inorganic fertilizers

The business conditions of inorganic fertilizers specified in clauses 2, 3, 4, 5, Article 15 of Decree No. 202/2013 / ND-CP shall be guided as follows:

1. Stores or places of business, where inorganic fertilizers are sold must have signs, public price lists for each type of fertilizer, listed in a noticeable and legible location, easy to read. Fertilizers sold must be arranged separately, not be confused with other types of goods, must be stored in a dry place, keep the quality of fertilizer and environmental hygiene condition .

2. Packaging, instruments, equipments of containing, storing, transporting must guarantee the quality of fertilizers, environmental hygienic, no leakage, spread of fertilizer affecting the environment around. Handling measures of packaging, bottles, jars and overdue fertilizer must be taken.

3. Storages must meet requirements for building location, design in accordance with the traded fertilizers, requirements for environmental protection, fire and explosion prevention. In storages, fertilizers must be arranged separately, not be confused with other types of goods

4. Imported fertilizers must have labels, origin in accordance with the law, notice of results of state inspection in quality imported fertilizer for the import batch before circulation. Domestic fertilizers must have invoices, legal documents proving the origin place of production, import or supply of traded fertilizers.

5. For retail stores of inorganic fertilizers, if there is no storage, instruments and equipment containing fertilizers must guarantee the quality of fertilizer, environmental hygiene and fire and explosion prevention.

Section 14. Papers and documents for export of inorganic fertilizers

In addition to the papers and documents prescribed by law for the export of goods, exporters of inorganic fertilizers must present the following papers and documents to the Customs Authority:

1. A copy of Certificate of Enterprise registration or Investment certificate or Certificate of Business registration which includes fertilizer business granted by competent agencies. These are only presented at the first export.

2. If being required for quality inspection of organizations and individuals in import country, they must submit the quality test results of batches of exported fertilizer in accordance with the provisions of export contracts assigned to grant by the Department of fertilizer testing or test result paper or certificate granted by a test organization or certification body of fertilizers of the country signing the Mutual Recognition Arrangements (Agreements-MRA) with Vietnam.

Article 15. Papers and documents for import of inorganic fertilizers

In addition to the papers and documents prescribed by law for the import of goods, importers of inorganic fertilizers must present the following papers and documents to the Customs Authority:

1. The case of import for manufacturing and trading inorganic fertilizers

a) A copy of Certificate of Enterprise registration or Investment certificate or Certificate of Business registration which includes fertilizer business granted by competent agencies. These are only presented at the first import.

b) A copy of certificate of conformity of the batch of imported fertilizer granted by an assigned certification body

2. Other cases

Fertilizers outside the list of fertilizers permitted production, trading and use in Vietnam shall comply with the provisions of the Government's Decree No. 187/2013 / ND-CP of November 20, 2013 detailing the implementation of the Law on Commerce on trading international commodity and operations of agency purchasing, outsourcing and transitting goods with foreign countries.

Chapter III

QUALITY CONTROL OF INORGANIC FERTILIZER

Section 1: CONFORMITY-ASSESSING ORGANIZATION, PROCEDURES FOR ASSIGNING CONFORMITY-ASSESSING ORGANIZATION OF INORGANIC FERTILIZER

Article 16. Conformity-assessing organization of inorganic fertilizer

1. Testing, inspecting and certifying the quality of inorganic fertilizers must be carried out by an organization assigned by the Ministry of Industry and Trade.

2. Assigned inorganic fertilizer-testing organization must meet the requirements specified in Article 11 of the Minister of Industry and Trade’s Circular No. 48/2011 / TT-BCT dated December 30, 2011 defining quality control of products, goods in group 2 under the jurisdiction of the Ministry of Industry and Commerce (hereinafter referred to as Circular No. 48/2011 / TT-BCT).

3. Assigned verifying organization of inorganic fertilizer must meet requirements specified in Article 12 of Circular No. 48/2011/TT-BCT.

4. Assigned certification body of inorganic fertilizer must meet requirements specified in Article 14 of Circular No. 48/2011/TT-BCT.

Article 17: Procedures for assigning conformity-assessing organization of inorganic fertilizer

Applications and procedures for assigning conformity-assessing organization of inorganic fertilizer shall comply with the provisions in Article 15 of Circular No.48/2011/TT-BCT

Article 18. Management of operation of assigned conformity-assessing organization of inorganic fertilizer

1. Department of Science and Technology shall declare the list of the assigned certification bodies, testing bodies and verifying bodies on the Web portal of the Ministry of Industry and Trade enclosed with the test and shall be responsible for inspection and supervision of the assigned conformity-assessing organization of inorganic fertilizer .

2. Within 10 (ten) working days since the inspection ends, the Department of Science and Technology shall notify the inspection results in writing to the conformity-assessing organization and specify the inappropriate contents and duration of remedy or issue a decision to suspend or cancel the assignment decision if the conformity-assessing organization breaches the contents in the provisions of Clauses 2, 3, 4, Article 16 of this Circular.

Article 19. Suspension or cancellation of assignment decision

1. The assignment decision of the conformity-assessing organization of inorganic fertilizer shall be suspended in the following cases :

a) The test results of the Ministry of Industry and Trade show that the conformity-assessing organization does not meet the assignment conditions or has not remedied the inappropriate contents at the previous inspection;

b) The conformity-assessing organization does not meet the requirements for inspection and supervision at request specified by The Ministry of Industry and Trade

c) The conformity-assessing organization does not comply fully with the regulations on report as prescribed;

d) Depending on the nature and seriousness of the violations specified at Points a, b, c of this paragraph, the conformity-assessing organization shall be warned, temporarily suspended the effect of the assignment decision in accordance with the provisions in clause 2.1 Paragraph 2 of Part III of the Ministry of science and technology Circular No. 09/2009 / TT-BKHCN April 8, 2009 providing guidance on requirements, procedures for assigning the conformity-assessing organization.

2. The assignment decision of conformity-assessing organization of inorganic fertilizer shall be cancelled in the following cases:

a) Conformity-assessing organization commits violations of assigned scopes;

b) Conformity-assessing organization which has been suspended its assignment decision is detected to conduct testing, certifying and verifying;

a) Conformity-assessing organization forges and rectifies the contents of the assignment decision;

d) Conformity-assessing organization dissolves or no longer operates in the assessed and assigned field ;

dd) Conformity-assessing organization does not comply with the monitoring assessment, inspection, monitoring, reporting when its assignment decision is suspended within 06 months.

3. If the assignment decision of conformity-assessing organization is cancelled, assessment results of the conformity-assessing organization from the previous inspection to the time of cancellation the assignment decision shall be invalid .

4. The Ministry of Industry and Trade must notify the agencies, organizations, and individuals related to the suspended or cancelled conformity-assessing organization its assignment decision as soon as issuing the suspension or cancellation decision.

Section 2. TESTING, CERTIFICATION, DECLARATION OF CONFORMITY OF QUALITY INSPECTION OF INORGANIC FERTILIZER

Article 20. Testing, certification of conformity of inorganic fertilizer

1. Testing, certifying the conformity of inorganic fertilizer shall comply with technical standards and test methods specified in Appendix 13 enclosed with this Circular. When the national technical regulations are issued and take effect, testing and certification of inorganic fertilizers shall comply with the corresponding national technical standards.

2. Tolerance shall be accepted when compared analysis results between laboratories on the same sample for the same target when using the same test method or equivalent test methods; acceptable content between the analysis results of the laboratory analysis compared and the content of each quality norms declared to apply or under the provisions of the National technical regulation for inorganic fertilizers shall comply with the provisions in Appendix 14 of this Circular.

3. The settlement of complaints and test results of inorganic fertilizer shall comply with provisions in point d, Clause 2, Article 9 of Circular No. 26/2012 / TT-BKHCN.

Article 21. Declaration of conformity, declaration of application standard

1. Before the circulation of inorganic fertilizer on the market, manufacturers or importers must make the declaration of conformity .

2. The shape, size of the conformity mark and use of the conformity mark shall be prescribed in Clause 2, Article 4 of the science and technology’s Circular No. 28/2012 / TT-BKHCN dated December 12, 2012 defining the declaration of conformance, declaration of conformity and methods of conformity assessment with technical regulations and standards .

3. Methods of conformity assessment shall be applied to each type of inorganic fertilizer prescribed in corresponding technical regulations. Methods of conformity assessment, contents, procedures and rules of use of the methods of conformity assessment shall be prescribed in Article 5 of Circular No. 28/2012/TT-BKHCN

4. Declaration of application standard, declaration of conformance for inorganic fertilizer

a) Organizations or individuals manufacturing, importing fertilizers for sales shall themselves declare the application standard for the type of fertilizer they produce or import in accordance with the guidance on application of national standards, international standards, regional standards and foreign standards in Vietnam or guidance on developing and declaring the basic standards in Circular No. 21/2007 / TT-BKHCN dated August 28, 2007 of the Ministry of Science and Technology providing guidance on development and application of standards;

b) The contents of applied standards shall include all quality norms defined in National technical regulation in proportion to the same unit, other quality norms and technical characteristics of the fertilizer declared by organizations or individuals having the fertilizer themselves and shall not be contrary to provisions of National technical regulation. When National technical regulation is not issued, provisions in Appendix 13 enclosed with this Circular shall be complied.

c) Organizations and individuals producing inorganic fertilizers, importing inorganic fertilizer for sales shall declare the conformance as prescribed in Circular No. 28/2012 / TT-BKHCN.

Article 22. Application for declaration of conformity of inorganic fertilizer

1. A declaration of conformity in the form provided in Appendix I enclosed with Circular No. 48/2011/TT-BCT .

2. A copy of Certificate of conformity of inorganic fertilizers with the corresponding technical regulations granted by assigned certification body.

3. A written general description of inorganic fertilizer including characteristics, functionality and utility.

4. Standards directly related to the fertilizer (Vietnamese standards, basic standards or foreign standards) or other technical regulations

Article 23. Procedures for declaration of conformity

1. Organizations and individuals declaring conformity shall submit directly or by post 1 (one) set of application as prescribed in Article 22 of this Circular to the Service of Industry and Trade in the locality where the organizations and individuals register their manufacture and trading to register.

2. Within 5 (five) working days from receipt of the satisfactory application of declaration of conformity, the Service of Industry and Trade shall send confirmation notification of declaration of conformity to the organizations or individuals declaring their conformity and to the Ministry of Industry and Trade (Vietnam Chemicals Agency). The form of confirmation notification of declaration of conformity shall be specified in Appendix II of the Circular No. 48/2011 / TT-BCT

If the application is not satisfactory, within 5 (five) working days, the Service of Industry and Trade shall notify in writing to such organizations and individuals about unsuitable points and contents for completion of the application.

3. Quarterly, the Ministry of Industry and Trade (Vietnam Chemicals Agency) shall summarize and declare the list of inorganic fertilizers posted on their Web portal.

Article 24. Responsibilities of organizations and individuals declaring conformity

1. Be responsible for the conformance of inorganic fertilizers declared the conformity; maintain quality control, testing and periodic supervision in the enterprises.

2. Use the conformity mark for inorganic fertilizers declared the conformity in accordance with provisions in Article 21 of this Circular before they are circulated in the market.

3. When detecting a nonconformity of inorganic fertilizers which have been declared the conformity with corresponding technical regulations during production, circulation, operation or use, must:

a) Promptly notify the management agency of the nonconformity;

b) Undertake remedial measures of the nonconformity. When necessary, temporarily suspend the production and trading and cancel the nonconformity inorganic fertilizers which are being circulated in the market;

c) Notify the management agency the remedy results of nonconformity before continue the production and trading .

4. Keep a record of declaration of conformity as a basis for testing and inspection of State management agencies.

5. Make the declaration when there is any change in the content of the registered declaration of conformity

Article 25. Quality inspection of inorganic fertilizer

Quality inspection of inorganic fertilizer shall comply with the provisions in Circular No. 48/2011/TT-BCT

Chapter IV

IMPLEMENTATION

Article 26. Reports

1. Reports of organizations and individuals

a) Before June 15 and December 15 every year, organizations and individuals having operations in inorganic fertilizers shall be responsible for reporting on the operation in the form prescribed in Appendix 15 of this Circular and submit to the Vietnam Chemicals Agency and the Service of Industry and Trade at the place of inorganic fertilizer operation to coordinate and monitor;

b) Upon request of the competent agencies , organizations and individuals having operation in inorganic fertilizers shall be responsible for reporting extraordinarily on operations of inorganic fertilizers in the form prescribed in Appendix 15 enclosed with this Circular and submit it to the Vietnam Chemicals Agency to monitor ;

2. Reports of State management agencies

a) Before June 30 and December 31 every year, the Service of Industry and Trade shall generally report on the operation of organizations and individuals in the area of ​​management as prescribed in Article 13 and Article 23 of this Circular. The report form shall be prescribed in Appendix 16 of this Circular;

b) Vietnam Chemicals Agency shall be the focus point to summarize the operation of inorganic fertilizers and report to the Ministry Leaders who shall report to The Government as required.

Article 27. Inspection of operation of inorganic fertilizers

1. The inspection of the production, sales, export and import of inorganic fertilizers under the provisions of this Circular shall comply with the annual plan.

2. If organizations and individuals are detected to have signs of violation of the provisions of this Circular or the relevant law, irregular inspection shall be conducted .

3. Contents of inspection shall include

a) Legal status and implementation of production conditions , sales, export and import of inorganic fertilizers;

b) Compliance with the provisions of quality control of fertilizer ;

c) Regulations of records and documents;

d) The management of License for manufacture of inorganic fertilizers, License for manufacture of inorganic fertilizers, organic fertilizer and other fertilizers

dd) Report regulations and responsibilities of organizations and individuals in operation of inorganic fertilizers.

Article 28. Responsibilities of Departments and Agencies under The Ministry of Industry and Trade .

1. Vietnam Chemicals Agency shall be the focus point to cooperate with related agencies and units to:

a) Take charge with related agencies and units to produce legislative documents on fertilizer management, strategy, planning, programs, plans, policies of fertilizer development ; produce and submit legislative documents on inorganic fertilizer management, National technical regulation on inorganic fertilizer quality to The Ministers for promulgating within their competence;

b) Guide the provisions of law in the manufacturing and trading of inorganic fertilizers; declare the conformity for inorganic fertilizer domestically manufactured and imported; summarize and declare the list of organizations and individuals granted the license for inorganic fertilizer production, License for production of inorganic fertilizer, organic fertilizer and other fertilizers; summarize and declare the list of inorganic fertilizers which are declared to be suitable for National Technical Regulation in nationwide on the Web portal of The Ministry of Industry and Trade;

c) Take charge of receiving and verifying applications, conditions for granting, regranting, adjusting and revoking the License for manufacture of inorganic fertilizers. Be the focus point to receive applications, cooperating with related agencies and units of the Ministry of Agriculture and Rural development to grant License for manufacture of inorganic fertilizers, organic fertilizers and other fertilizers;

d) Take charge and cooperate with related agencies and units to draw up annual inspection plan of quality of inorganic fertilizer in manufacture and import as prescribed in Circular No. 48/2011/TT-BCT and this Circular;

dd) Manage the naming inorganic fertilizers; receive and give comments for the content of inorganic fertilizer ads in accordance with the law;

e) Take charge and cooperate with related agencies and units to establish inspection teams to inspect the facilities manufacturing, trading, exporting and importing inorganic fertilizers as prescribed in this Circular. Be a focus point to cooperated with competent agencies and units of the Ministry of Agriculture and Rural development and agencies, units involved in inspection of facilities manufacturing inorganic fertilizer, organic fertilizer and other fertilizers;

g) Cooperate with related Agencies and Departments to summarize the management, production, sales, import, export and quality of inorganic fertilizer and report to the Ministry Leader as prescribed.

2. Department of science and technology

a) Assess, assign and manage the operation of laboratories, certify and verify inorganic fertilizers, resolve complaints about the test results of inorganic fertilizers;

b) Take charge and cooperate with related agencies and units to inspect the quality of imported inorganic fertilizer as prescribed in Circular No. 48/2011/TT-BCT and this Circular;

c) Take charge and cooperate with related agencies to research and apply the advanced science and technology to operations related to inorganic fertilizers.

3. Department of Import and Export shall cooperated with related agencies and units to monitor export, import of inorganic fertilizer; propose mechanism and policies related to export and import of inorganic fertilizer.

4. Department of Mountainous and border trading shall take charge and cooperate with related agencies and units to monitor export, import of inorganic fertilizer through the border; propose mechanism and policies related to export and import of inorganic fertilizer through the border.

5. Market Surveillance Agency shall guide and direct Market Control Department to inspect, handle the violations of law in production, trading and quality of fertilizers as prescribed. Take charge or cooperate with competent State agencies to inspect the compliance with the law in production, trading and quality of fertilizers under the management of Industry and Trade Sector and have actions against the violations of law as prescribed.

Article 29. Responsibilities of Service of Industry and Trade of central-affiliated cities and provinces

1. Request provincial People’s Committees for issuing support policies of manufacture and trading inorganic fertilizer in their administrative division.

2. Receive the declaration of conformity of inorganic fertilizer, make a list of organizations and individuals registered the declaration of conformity and submit a confirmation notice of declaration of conformity of the quality of inorganic fertilizer to The Ministry of Industry and Trade ( Vietnam Chemicals Agency) as prescribed in Article 21 of this Circular.

3. Take charge and cooperate with relevant agencies to propagate, disseminate and provide guidance on law, provide information on the quality of inorganic fertilizer for manufacturers and traders and consumers. Receive proposals of the manufacturers and traders of inorganic fertilizer for workshops, introduction of models of inorganic fertilizers in accordance with the law.

4. Inspect and handle administrative violations in inorganic fertilizer field under their administrative division as prescribed in law. Periodically inspect the fertilizer business in their administrative division in accordance with the provisions of Article 13 of this Circular. Cooperate with the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development to inspect, monitor, resolve complaints and denunciations and handle violations of production and trading inorganic fertilizer in their administrative division.

5. Implement the report regulations as specified in point a clause 2 of Article 26 of this Circular.

Article 30. Responsibilities of local market management agencies

Department of Market Surveillance of central-affiliated cities and provinces shall take charge and cooperate with related agencies and units to inspect the compliance with law in manufacture, trading and quality of fertilizer under the guidance of People’s Committee of central-affiliated cities and provinces, Market Surveillance Agency, the Service of Industry and Trade in the administrative division which they are assigned to handle administrative violations as prescribed in law

Article 31. Responsibilities of manufacturers and traders, importers, exporters of inorganic fertilizer

1. Fulfill responsibilities of manufacture, trading, export and import prescribed in Article 5 of Decree No. 202/2013 / ND-CP and provisions of this Circular, fulfill responsibilities of quality assurance of products and goods of group 2 under the provisions of Circular No. 48/2011 / TT-BCT.

2. For manufactures of inorganic fertilizer, record and keep a log during the production process; keep test results and samples of finished products; preserve stored samples specified in Clause 1, Article 5 of Decree No. 202/2013 / ND-CP. Do not apply to keep samples of natural gas, associated gas and auxiliary materials.

3. Implement the report regulations as specified in point g clause 5 of Decree No. 202/2013 / ND-CP and clause 1 of Article 26 of this Circular.

4. Be responsible for organizing or organize through competent units courses of training, fostering knowledge of fertilizer for employees directly manufacturing inorganic fertilizers as prescribed in Point b, Clause 3, Article 8 of Decree No. 202/2013 / ND-CP.

5. For investors in the production of inorganic fertilizers; manufactures of fertilizer and organic fertilizer and other fertilizers after this Circular takes effect, make an application for licensing after completion of the construction and have a license was before the operation.

Article 32. Transitional provisions

Organizations and individuals that have manufactured inorganic fertilizers, inorganic fertilizer and other fertilizers before this Circular takes effect must supplement the application and conditions within the time specified in clause 1 of Article 22 of Decree No. 202 / 2013 / ND-CP and carry out procedures for licensing under the provisions of this Circular.

Article 33. Effect

1. This Circular takes effect from November 27, 2014.

2. When the legislative documents cited in this Circular are amended, supplemented, replaced, the provisions in the new legislative documents shall be applied.

This Circular shall replace:

a) The Ministry of Industry (now the Ministry of Industry and Trade)’s Circular No. 05/2005 / TT-THE MINISTRY OF INDUSTRY dated October 31, 2005 providing guidance on the implementation of by Government’s Decree No. 113/2003 / ND-CP dated October 7, 2003 on fertilizer production and trading;

b) The Ministry of Industry (now the Ministry of Industry and Trade)'s Circular No. 02/2007 / TT-BCN dated March 22, 2007 of the Ministry of Industry (now the Ministry of Industry and Trade) supplementing clause 2 of Section II of the Circular No. 05/2005 / TT-BCN

4. Any problems arising in the course of implement should be reported to The Ministry of Industry and Trade Ministry for amendment and supplementation./.