Thông tư 41/2014/TT-BNNPTNT

CIRCULAR

PROVIDING GUIDANCE ON SOME ARTICLES OF DECREE NO. 202/2013/ND-CP DATED 27 NOVEMBER 2013 OF THE GOVERNMENT ON MANAGEMENT OF FERTILIZER UNDER THE STATE MANAGEMENT RESPONSIBILITY OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 199/2013/ND-CP dated November 26, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 202/2013/ND-CP dated 27 November 2013 of the Government on management of fertilizer

At the request of Director of Department of Crop Production;

The Minister of Agriculture and Rural Development issued a Circular providing guidance on a number of articles of Decree No. 202/2013/ND-CP dated 27 November, 2013 of the Government on the management of fertilizer under the state management responsibility of the Ministry of Agriculture and rural Development.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides guidance on implementation of contents under the state management responsibility of the Ministry of Agriculture and rural Development.

1. The production, trading, import, export, quality control, testing of organic fertilizer and other fertilizers;

2. The sampling of inorganic fertilizer, organic fertilizer, other fertilizers (hereafter referred to as fertilizer), fertilizer experiment, production limit and fertilizer import for fertilizer testing and utilization.

Article 2. Subjects of application

This Circular applies to:

1. Organizations or individuals having activities related to production, trading, import, export, quality control, testing of organic fertilizer and other fertilizers.

2. Organizations or individuals having activities related to sampling, experiment and utilization of fertilizer in Vietnam.

Article 3. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Organic fertilizer means the fertilizer produced from organic materials with quality indicators which meet the national technical regulation.

2. Other fertilizers are the mixture of organic and inorganic fertilizer and other types of fertilizer as follows:

a) Mineral organic fertilizer means the fertilizer with organic matter which is added with at least one macro, medium or micro nutrient.

b) Organic mineral fertilizer means the type of fertilizer with at least one macro, medium or micro nutrient which is added with organic matter;

c) Microorganic organic fertilizer means the fertilizer with the organic matter which is added with at least one useful microorganism.

d) Bio-organic fertilizer means the type of fertilizer with organic matter and at least a matter with biological origin;

dd) Biological fertilizer is the fertilizer which is produced by the biological technology or has natural origin containing at least one of the substances with biological origin such as: humic acid, fulvic acid, amino acid, vitamin or other biological substances;

e) Microorganic fertilizer is the fertilizer which has at least one kind of useful microorganism;

g) Fertilizer with humectant is the organic fertilizer or other fertilizers specified at Points a, b, c, d, dd, e of this Clause mixed with moisturizer.

h) Fertilizer with utilization efficiency improver is the organic fertilizer or other fertilizers specified at Points a, b, c, d, dd, e, g of this Clause mixed with the utilization efficiency improver to have the effective savings of fertilizer volume at least twenty percent;

i) Fertilizer capable of increasing plant immunity is the organic fertilizer or other fertilizers specified in points a, b, c, d, e, f, g, h of this Clause and containing the the plant immunity improver for unfavorable external conditions or with the pests;

k) Fertilizer containing growth regulators is the organic fertilizer or other fertilizers specified at Point a, b, c, d, e, f, g, h, i of this Clause added with at least one or more growth regulators included in the list of plant protection drugs in Vietnam issued by the Minister of Agriculture and Rural Development and has a total content of growth regulators ≤ 0,5%;

l) Rare earth fertilizer is the fertilizer containing substances as Scandium (atomic number 21), Yttrium (atomic number 39) and elements of the Lanthanide series (atomic number from 57-71: Lanthanum, Cerium , Praseodymium, Neodymium, Promethium, Samarium, Europium, gadolinium, Terbium, Dysprosium, Holmium, Erbium, Thulium, Ytterbium, Lutetium) in the Mendeleev’s periodic table;

m) Soil improvement fertilizer is the fertilizer containing substances which have effects of improving the physical, chemical, biological natures of soil to facilitate the growth and development of the plants

3. Main quality indicator is the one deciding the nature and utility of organic fertilizers and other fertilizers specified in the national technical regulation. While the national technical regulation has not been issued, the provisions in Annex VIII issued with this Circular.

4. Root fertilizer is the fertilizers manured directly the soil or water to provide nutrients to plants through the roots.

5. Foliar fertilizer is the fertilizers watered or sprayed directly onto the leaves or stems to provide nutrients to plants through leaves and stems.

6. Humectants are nutural or artificial substances capable of increasing the soil moisture for plants.

7. Utilization efficiency improver is the substance which increases the utilization efficiency of nutritional elements for plants.

8. Limiting factor existing in organic fertilizer or other fertilizers are the factors at risk of causing toxicity affecting the food safety and environmental pollution, including:

a) Heavy metals: Arsenic (As), cadmium (Cd), lead (Pb) and mercury (Hg);

b) Pathogenic bacteria: E. coli and Salmonella.

Chapter II

PRODUCTION, TRADING, EXPORT, IMPORT OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

Article 4. Instructions on implementation of some conditions for production of organic fertilizer and other fertilizers

The conditions for production of organic fertilizer and other fertilizers specified at Points a, b, c, Article, Clause 2, Article 8 of Decree No. 202/2013/ND-CP dated 27 November, 2013 of the Government on management of fertilizers (hereafter referred to as Decree No. 202/2013/ND-CP) specified in the national technical regulation on conditions for production of organic fertilizer and other fertilizers. While the national technical regulation has not been issued, the provisions in Annex VII issued with this Circular.

Article 5. Issuance of License for organic fertilizer and other fertilizer production (hereafter referred to as License)

1. Dossier to be issued with License

Organizations or individuals should send a dossier to request the issuance of License by post or directly to the Department of Crop Production. The dossier includes:

a) Application for issuance of License under the form specified in Annex I issued with this Circular;

b) Copy of enterprise registration Certificate or investment Certificate or business registration Certificate in which the fertilizer production industry is specified;

c) Certified copy or copy with the original for comparison of the Certificate of conformity with the national technical regulation on conditions for production of organic fertilizer and other fertilizers issue by the appointed conformity certification Body;

Where the national technical regulation on conditions on for production of organic fertilizer and other fertilizers has not been issued or there is no certification body appointed by the Ministry of Agriculture and Rural Development or the Department of Crop Production, the documents evidencing the satisfaction of provisions specified in Annex VII issued with this Circular;

d) Copy of Decision on approving the report on assessment of environmental impact or Notice of approval for registration of Commitment to environmental protection of the competent authorities or the Commitment to environmental protection of the production establishments as stipulated in Circular No. 26/2011/TT-BTNMT dated 18 July 2011 of the Ministry of Natural Resources and Environment detailing a number of articles of Decree No. Dated 18 April 2011 of the Government on assessment of strategic environment, impact on environment and commitment to environmental protection;

dd) Copy of papers and documents evidencing the satisfaction of conditions under the regulations of law on fire and explosion prevention.

e) Copy of Plan for safety – labor sanitation under the form in Annex No.2 of the Joint Circular No. 01/2011/TTLT-BLDTBXH-BYT dated 10 Januart 2011 of the Ministry of Labour, Invalids and Social Affairs, the Ministry of Health providing the instructions on implementation of safety – labor sanitation at working establishments.

g) List of staff of management, engineering and operation and list of employees directly engaged in the production are trained and provided with knowledge of organic fertilizer and other fertilizers under the form specified in Annex II issued with this Circular. The training and provision of knowledge of organic fertilizer and other fertilizers for employees directly engaged in the production without issuance of certificate are organized by the functional unit or enterprise under the program and contents of training issued by the Department of Crop Production upon the effect of this Circular.

2. Order and time for issuance of License:

a) In case of direct submission, the Department of Crop Production shall reply immediately reply to the validity of dossier; in case of submission by post, within 03 working days after receipt of dossier, if the dossier is not valid, the Department of Crop Production shall give a written notice to the organizations or individuals requesting the issuance of License for addition or modification;

b) Within 10 working days after receipt of valid dossier, the Department of Crop Production shall verify dossier and issue the License to the qualified organizations or individuals and reply in writing with reasons in case of disapproval.

3. Form of License:

a) The form of License has the contents specified in Annex III issued with this Circular;

b) The way to write the code of License is specified in Annex IV issued with this Circular.

Article 6. Re-issuance of License

1. Dossier for re-issuance of License

Organizations or individuals shall send 1 dossier by post or directly to the Department of Crop Production. The dossier includes:

a) Application for re-issuance of License under the form specified in Annex I issued with this Circular;

b) The original of License, except for case of loss.

2. Order and time for re-issuance of License:

a) In case of direct submission, the Department of crop production shall reply in writing to the validity of dossier immediately and within 02 working days after receipt of dossier. If the dossier is not valid, the Department of crop production shall give a written notice to the organizations or individuals requesting the issuance of License for modification or addition;

b) Within 05 working days after full receipt of valid dossier, the Department of crop production shall verify dossier and re-issue the License to the qualified organizations or individuals and reply in writing with reasons in case of disapproval.

3. The form of License is re-issued under the provisions in Clause 3, Article 5 of this Circular.

Article 7. Adjustment of License

1. Dossier for adjustment of License

Organizations or individuals shall send 1 dossier to request the adjustment of License by post or directly to the Department of crop production. The dossier includes:

a) Application for adjustment of License under the form specified in Annex I issued with this Circular;

b) The original of License;

c) In case of adjustment of contents concerning the enterprise registration or location or information on the registering organizations or individuals: submit the certified copy of License or enterprise registration Certificate or investment Certificate or business registration Certificate modified.

d) In case of adjustment of operation condition, production capacity: submit the certified copy of Certificate of conformity with national technical regulation on the conditions for production of organic fertilizer and other fertilizers. In case the national technical regulation has not been issued or there is no certification body appointed, the documents evidencing the contents requested for adjusment meeting the provisions in Annex VII issued with this Circular.

In case of adjustment or addition of type and list of name of production fertilizer: submit the decision of the establishment having the organic fertilizer and other fertilizers on putting such experimented fertilizers into production or submit the copy of contract of assignment of ownership or transfer of such fertilizers from other organizations or individuals;

e) In case of renaming of production fertilizer upon execution of contract of assignment of ownership of fertilizer from other organizations or individuals: submit the copy of contract of assignment of ownership of fertilizer from other organizations or individuals;

g) In case of removal of fertilizer in the market: submit the certified copy of decision on removal of organic fertilizer or other fertilizers in the market of the competent authorities;

h) In case the organizations or individuals request the removal: submit application for removal of such fertilizers without further production.

2. For papers specified at Points c, d, dd, e, g, Clause 1 of this Article, in case of submission of copy, there must be the original for comparison.

3. The order and time for adjustment of the License shall comply with the provisions in Clause 2, Article 6 of this Circular.

4. The form of License after the adjsutment as stipulated in Clause 3, Article 5 of this Circular.

Article 8. Instructions on implementation of conditions for trading of organic fertilizer and other fertilizers

The provisions in Clause 2, 3, 4, 5, Article 15 of Decree No. 202/2013/ND-CP on conditions for trading of organic fertilizer and other fertilizers are guided as follows:

1. Stores, business locations, places of sale of organic fertilizer and other fertilizers must have signboards and price list publicly posted at conspicuous and legible place. The organic fertilizer and other fertilizers to be sold must be arranged separately from other goods, preserved in dry place to ensure the quality and environmental sanitation.

2. Packaging and container and means of transportation meet the quality requirements without leakage and release outside to affect the surrounding environment. There must be measures to treat the packaging, bottles and jars of organic fertilizer and other fertilizers which have been used.

3. There must be storage or storage leasing contract of finished organic fertilizer and other fertilizers to ensure the requirements for construction location and design appropriate with the fertilizers being traded, for environmental protection and fire and explosion prevention; the organic fertilizer and other fertilizers must be arranged separately from other goods and not be exposed to rain, sun or wind and ensure the environmental sanitation, no leakage and bad odour polluting the surrounding areas.

4. For retail stores of such fertilizers, if there is no storage, the containers must ensure the quality and environmental sanitation conditions.

5. There must be legal documents and invoices of origin, production, import place or provision place for each kind of organic fertilizer and other fertilizers.

Article 9. Papers and documents for exporting organic fertilizer and other fertilizers

In addition to papers and documents stipulated by regulations of law on export of goods, organizations or individuals exporting organic fertilizer and other fertilizers must present the customs authorities with the following papers and documents:

1. Certified copy or copy with the original for comparison of enterprise registration Certificate or investment Certificate or business registration Certificate issued by the competent authorities with business line of fertilizer production.

2. Certified copy or copy with the original for comparison of fertilizer production License, in which there is name of exported fertilizer. This copy is only presented upon the first export for organizations or individuals exporting organic fertilizer and other fertilizers produced by the unit.

3. In case of requirements for quality testing from the importing organizations or individuals: submit the Form of quality testing result of exported batch of fertilizer in accordance with the provisions of export contract which the appointed fertilizer laboratory has issued or the Form of testing result /Certificate which a testing organization or a fertilizer certification body of the countries signing the Mutual Recognition Arrangements/Agreements-MRA with Vietnam has issued.

Article 10. Papers and materials for importing organic fertilizer and other fertilizers

1. In case of import for trading

In addition to papers and documents as stipulated by regulations of law on import of goods, when importing the organic fertilizer and other fertilizers, the organizations or individuals shall present the customs authorities with the following papers and documents:

a) Copy of enterprise registration Certificate or investment Certificate or business registration Certificate issued by the competent authorities with business line of fertilizer production industry.

b) Certified copy or copy with the original for comparison of the conformity Certificate or Form of quality testing result of imported batch of fertilizer which the appointed fertilizer Laboratory has issued or the Form of testing result /Certificate which a testing organization or a fertilizer certification body of the countries signing the Mutual Recognition Arrangements/Agreements-MRA with Vietnam has issued.

2. In case of import for research, experiment, sample or materials for production of organic fertilizer and other fertilizers and other cases that shall comply with the provisions in Decree No. 187/2013/ND-CP dated 20 November 2013 of the Government detailing the implementation of the Commercial Law on trading of international goods and agent activities of sale, purchase, processing and transit of goods with foreign countries.

Chapter III

MANAGEMENT OF QUALITY OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

Article 11. Publication of conformity of organic fertilizer and other fertilizers

1. Organic fertilizer and other fertilizers the conformity of which is published

Before introducing the organic fertilizer and other fertilizers into the market, the organizations or individuals producing or importing fertilizers must publicize the conformity of the following fertilizers:

a) Fertilizers named in the List of fertilizers which are produced, traded or used with permission in Vietnam which the Minister of Agriculture and Rural Development issued from 09 August 2008 to 27 November 2013. The organizations or individuals shall make publication of conformity as stipulated in Clause 2, Article 22 of Decree No. 202/2013/ND-CP;

b) Fertilizer of producing and trading organizations or individuals or as a result of research project at State or Ministry level meeting the requirements for fertilizer experiment norm. While the fertilizer experiment norm has not been issued, the provisions in Annex IX issued with this Circular shall apply.

2. Order and contents for publication of conformity of organic fertilizer and other fertilizers

a) The order and contents for publication of conformity shall comply with Circular No. 55/2012/TT-BNNPTNT dated 31 October 2012 of the Minister of Agriculture and Rural Development providing the procedures for appointing conformity certification body and publication of conformity under the management of the Ministry of Agriculture and Rural Development (hereafter referred to as Circular No. 55/2012/TT-BNNPTNT).

b) The publication of conformity of each kind of organic fertilizer and other fertilizers shall be done one time. When there is a change of contents of publication of conformity for the organic fertilizer and other fertilizers, the publication must be done again.

3. Basis for assessment and certification of publication of conformity of organic fertilizer and other fertilizers

a) Indicators and method of assessment and certification of conformity under the provisions of the national technical regulation;

b) While the national technical regulation has been issued, the indicators of assessment shall comply with the provisions in Section I, Annex VIII issued with this Circular for the root fertilizer or Section II, Annex III issued with this Circular for foliar fertilizer; application of assessment by method 5 for organic fertilizer and other fertilizers domestically produced and method 7 for imported organic fertilizer and other fertilizers.

4. Publication of List of organic fertilizer and other fertilizers the conformity of which has been publicized

a) Within 03 months after the issuance of Notice of receiving the publication of conformity, the Department of Agriculture and Rural Development shall send a Notice of receiving the publication of conformity to the Department of Crop Production.

b) Within 05 working days after receiving this Notice, the Department of Crop Production shall aggregate and post on its website the List of organic fertilizer and other fertilizers whose conformity has been publicized of each organization and individual producing and importing the organic fertilizer and other fertilizers.

5. The conformity mark and use of conformity mark shall comply with the provisions in Article 4 of Circular No. 55/2012/TT-BNNPTNT.

Article 12. Publication of applicable standard of organic fertilizer and other fertilizers

1. Organizations or individuals producing and importing organic fertilizer and other fertilizers shall publicize the quality indicators, limiting factors, basic features, warning information and standard code of organic fertilizer and other fertilizers which they have produced or imported on one of the following means: packaging, label and materials attached to the fertilizer.

2. The contents of publication of applicable standard must not be in contradiction with the provisions of the national technical regulation. While the national technical regulation has not been issued, such contents must not be in contradiction with the provisions in Annex VIII issued with this Circular.

Article 13. Sampling of fertilizer and testing of organic fertilizer and other fertilizers

1. Sampling of fertilizer

a) The sampling of fertilizer for assessing the certification of conformity or for state management must be done by the person who has the fertilizer sampling certificate under regulation;

b) The training and issuance of training certificate to the sampler of organic fertilizer and other fertilizers shall comply with the provisions in Article 5 of Circular No. 17/2011/TT-BNNPTNT dated 06 April 2011 of the Minister of Agriculture and Rural Development amending, adding and annulment of som provisions on administrative procedures in the field of crops under Resolution No. 57 / NQ-CP dated 15 December 2010;

c) Within 05 working days after the issuance of fertilizer sampling certificate, the Department of Crop Production shall aggregate and publicize the List of names and codes of the fertilizer samplers who have been issued with the sampling certificate on its website.

2. Testing of organic fertilizer and other fertilizers

a) The appointment and management of operation of laboratory, certification body of organic fertilizer and other fertilizers shall comply with the provisions in Circular No. 16/2011/TT-BNNPTNT dated 01 April 2011 of the Minister of Agriculture and Rural Development stipulating the assessment, appointment and management of laboratory of agriculture and rural development industry (hereafter referred to as Circular No. 16/2011/TT-BNNPTNT) Circular No. 52/2012/TT-BNNPTNT dated 22 October 2012 of the Minister of Agriculture and Rural Development amending and adding a number of articles of Circular No. 16/2011/TT-BNNPTNT and Circular No. 52/2012/TT-BNNPTNT.

b) Within 05 working days after the appointment of testing laboratory of organic fertilizer and other fertilizers, the Department of Crop Production shall aggregate and post the list of laboratories of organic fertilizer and other fertilizers on its website.

c) The quality indicators must be tested for the state management according to the applied publication standard and national technical regulation corresponding to each organic fertilizer and other fertilizers.

d) The acceptable tolerance between the analysis results of testing laboratory compared with the content of each quality indicators published applies to organic fertilizer and other fertilizers specified in Annex X issued with this Circular.

Article 14. Settlement of complaint about the testing result of organic fertilizer and other fertilizers

The settlement of complaint about the testing provisions of appointed confirmation laboratory. In case there is no appointed confirmation laboratory of quality of organic fertilizer and other fertilizers, the following provisions shall apply:

1. Within 05 days after receipt of result, if the organizations or individuals having their samples tested do not agree upon the testing, they should have a written complaint with the inspection and examination agency and such agency shall request in writing the testing laboratory where the sample was tested initially.

2. The testing laboratory shall re-check the testing process and conduct the re-testing on the sample stored at the laboratory and notify the result to the inspection and examination agency and organizations or individuals owining the sample.

3. In case the organizations or individuals owining the sample still have not agreed with the re-testing result, the inspection and examination agency shall send 2 samples: 01 sample stored at the sampling location and 01 sample stored at the the inspection and examination agency to the testing laboratory specified in Clause 5 of this Article for re-testing. The re-testing result is the basis for the the inspection and examination agency to settle the complaint.

4. In case the re-testing result is still equivalent to the initial testing result, the organizations or individuals requesting the re-testing shall make payment of all expenses to the laboratory.

5. The conditions for the testing laboratory to be chosen as a re-testing laboratory for settlement of complaint:

a) Being accredited by the Bureau of Accreditation of Vietnam (BoA) of the Ministry of Science and Technology and appointed by the Ministry of Agriculture and Rural Development or the Department of Crop Production;

b) Having at least 02 times listed in the group of 05 testing laboratories with interlaboratory testing result or best proficient testing for the testing indicators related to the settlement of complaint.

c) Being listed by the Department of Crop Production on its website.

6. The acceptable tolerance of the testing result on the same sample for the same indicator with the same methods between different testing laboratories under the provisions of national standards for analytical methods for such indicator. In case of not specified in the national standard, the maximum level is within ± 5%.

Chapter IV

FERTILIZER EXPERIMENT

Article 15. Kinds of fertilizer to be experimented

The following kinds of fertilizer include the organic, inorganic fertilizer and other fertilizers must be experimented before publication of conformity to put them into production, trading and circulation in the market:

1. New fertilizer domestically produced.

2. Fertilizer initially imported with its Patent or Certificate of Free Sell-CFS or the equivalents.

Article 16. Conditions for fertilizer experiment

Organizations or individuals (hereafter referred as establishment) which meet the following conditions have the right to conduct the fertilizer experiment:

1. Fertilizer experiment establishment:

a) Having functions and duties of fertilizer experiment and/or research in the establishment decision issued by the competent authorities;

b) About personnel: having at least 03 technicians as regular staff or working under contract of 01 year or more, university degree or higher education of one of the specialities: soils and fertilizers research, agronomy, cultivation or relevant specialities such as: chemistry, biology, environmental studies and at least 02 years of experience working in the field of experiment or research on fertilizer.

2. Fertilizer producing or importing establishments performing experiment by themselves:

a) Having fertilizer production License (for fertilizer producing establishments) or enterprise registration Certificate or investment Certificate or business registration Certificate with business line of fertilizer (for establishment specialized in import of fertilizer for trading);

b) About personnel: as stipulated at Point b, Clause 1 of this Article.

Article 17. Outline of fertilizer experiment

1. Before conducting the experiment, the experimenting establishments or establishments with fertilizer performing the experiment by themselves must prepare and approve the outline of fertilizer experiment as stipulated in the fertilizer experiment norm. While the fertilizer experiment norm has not been issued, the provisions in Section III of Annex IX issued with this Circular.

2. Experimenting establishments or establishments with fertilizer performing the experiment by themselves shall send the approved fertilizer experiment outline to the Department of Agriculture and Rural Development of where the experiment is conducted as a basis for inspection of performance of fertilizer experiment.

Article 18. Assessment of fertilizer experiment

1. At the end of fertilizer experiment, the establishment with fertilizer to be experimented must assess the experimenting result. The assessment of experimenting result shall comply with the fertilizer experiment norm. . While the fertilizer experiment norm has not been issued, the provisions in Section III of Annex IX issued with this Circular.

2. The establishment with fertilizer shall take responsibility for the experimenting result, issue decision on putting the fertilizer which has been experimented into production or import, publicize the conformity under regulation and keep dossier of fertilizer experiment in service of inspection and examination.

Article 19. Limit of production and import of fertilizer for experiment

The volume of fertilizer which is produced or imported with permission for experiment for a kind of fertilizer based on the amount of fertilizer is determined for each kind of plant and actual area of experiment, but not exceeding 30 ha for annual crops and no more than 50 hectares for perennial crops.

Chapter V.

RESPONSIBILITY OF ORGANIZATIONS OR INDIVIDUALS CONCERNED

Article 20. Responsibility of Department of Crop Production

1. Prepares and presents the Minister with legal documents, national standards, national technical regulation on organic fertilizer and other fertilizers; sampling, experiment and use of fertilizers.

2. Manages the production, trading, import, export, quality, naming of organic fertilizer and other fertilizers, sampling, experiment and use of fertilizers.

3. Assesses, appoints and manages the activities of laboratories, conformity certification bodies of organic fertilizer and other fertilizers.

4. Provides the training and issues training certificate to the fertilizer sampler.

5. Aggregates and publicizes organizations or individuals that are issued with the License; list of organic fertilizer and other fertilizers whose conformity has been publicized; list of accreditation bodies, testing laboratories of organic fertilizer and other fertilizers; list of fertilizer samplers nationwide on its website.

6. Takes charge and coordinates with the units concerned to carry out the agricultural extension, disseminate knowledge and experience and provide instructions on fertilizer usage.

7. Takes charge of ordering subjects, research projects and application of science and technologies, gathers and manages information, documentation, provides the training, re-training, propagation and dissemination of legal normative documents, implements the international cooperation in the field of organic fertilizer and other fertilizers.

8. Performs the inspection, examination and settlement of complaints, denunciations and handling of violation concerning the production, trading, export, import and quality of organic fertilizer and other fertilizers, fertilizer sampler, experiment and fertilizer utilization nationwide under regulations of law.

Article 21. Responsibility of Department of Science, Technology and Environment

1. Takes charge of verification of drafts of national standards and national technical regulations on organic fertilizer and other fertilizers; sampling, experimenting and utilization of fertilizers.

2. Coordinates with the Department of Crop Production to submit the national technical regulation on organic fertilizer and other fertilizers to the Minister for issuance; on sampling, experimenting and utilization of fertilizers.

Article 22. Responsibility of the Department of Agriculture and Rural Development

1. Requests the provincial People’s Commitee to issue mechanisms and incentive policies on production and trading of organic fertilizer and other fertilizers and utilization of fertilizer at localities.

2. Verifies the contents and allows the organization of conferences and seminars of agricultural extension and recommendation about effective use of fertilizers and limitation of environmental pollution at localities.

3. Receives the publication of conformity on production conditions and fertilizer quality from organizations or individuals producing and importing organic fertilizer and other fertilizers; sends Notice of receiving the publication of conformity to the Department of Crop Production under regulation.

4. Takes charge and coordinate with the agencies concerned to carry out the propagation, dissemination, legal instructions and provision of information about production and quality of fertilizers for producing and trading organizations or individuals and users.

5. Performs the inspection, examination and settlement of complaints, denunciations and handling of violation concerning the production, trading, export, import and quality of organic fertilizer and other fertilizers, fertilizer sampler, experiment and fertilizer utilization in the areas under regulations of law.

6. Periodically during the last week of June and the last week of December of each year sends report on results of examination, inspection and handling of violations to the Department of Crop Production under the forms specified in Annex V issued with this Circular.

Article 23. Responsibility of producing, trading, importing or exporting organization or individuals

1. For organizations or individuals producing, trading, importing or exporting organic fertilizer and other fertilizers:

a) Comply with the provisions of this Circular and relevant legal documents on production, trading, import, export, quality control, testing of organic fertilizer and other fertilizers.

b) Perform duties specified in Clause 2 of this Article;

c) Periodically during the last week of May and the last week of November of each year or upon irregular requirement from the competent authorities, make a report on reality of production and import of organic fertilizer and other fertilizers to be sent to the Department of Crop Production and the Department of Agriculture and Rural Development in the area where the head office is located under the form specified in Annex VI issued with this Circular.

2. For organizations or individuals producing, trading, importing or exporting organic fertilizer and other fertilizers:

a) Comply with the provisions of this Circular and other relevant legal documents on sampling, experimenting and utilization of fertilizers;

b) When organizing conferences or seminars of agricultural extension or recommendation of fertilizer utilization, make report on the plan and contents to get the approval of the Department of Agriculture and Rural Development in the area where such conferences or seminars are held.

c) Keep dossiers and documents related to the fertilizer experiment in service of inspection or examination.

Article 24. Responsibility of fertilizer experimenting establishments

Fully comply with the provisions on fertilizer experiment in this Circular and take responsibility for the result of experiment.

Chapter VI

IMPLEMENTATION PROVISION

Article 25. Transitional provision

1. Organizations or individuals that have produced, traded the organic fertilizer and other fertilizers before the effective date of this Circular must supplement all conditions for production and trading within the time specified in Clause 1, Article 22 of Decree No. 202/2013/ND-CP and carry out the licensing procedures as stipulated in this Circular.

2. For fertilizers which have been experimented before the effective date of Decree No. 202/2013/ND-CP but not passed by the science committee established by the Department of Crop Production, the establishment having fertilizers to be experimented shall sign contract with the experiment establishment to carry out additional experiments of in appropriate contents under the fertilizer experiment norm. While the fertilizer experiment norm has not been issued, the provisions in Annex IX issued with this Circular shall apply.

Article 26. Effect

1. This Circular takes effect from 29 December 2014.

2. This Circular replaces Circular No. 36/2010/TT-BNNPTNT dated 24 June 2010 of the Minister of Agriculture and Rural Development on issuing the Regulation on production, trading and utilization of fertilizers; Circular No. 52/2010/TT-BNNPTNT dated 09 September 2010 of the Ministry of Agriculture and Rural Development concerning the instructions on experiment, accreditation and naming of new fertilizers.

3. Where the standards, regulations, provisions and documents cited in this Circular are changed, supplemented or superseded, the provisions in new documents shall apply.

4. Any problem arising during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for settlement ./.

ANNEX I

FORM OF APPLICATION FOR ISSUING LICENSE FOR PRODUCTION OF ORGANIC FERTILIZER AND OTHER FERTILIZERS
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
-----------------------

APPLICATION FOR ISSUANCE/RE-ISSUANCE/ADJUSTMENT OF LICENSE FOR PRODUCTION OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

To: Department of Crop Production

1. Name of producing establishment:

Vietnamese name (in capital letter):

.........................................................................  

Foreign name (if any): ..................................................................................  

Abbreviated name (if any)                 Enterprise code (if any)

2. Address of main office:

Address: .....................................................................................................................

Tel: ……………………………………………… Fax: ........................................  

E-mail: ………………………………………………….. Website: .................................

3. Legal representative of fertilizer producing establishment:

Full name (in capital letter): …………………………… Sex: ............

Title: ................................................................................................................

Date of birth: …../ ……/ ……. Ethnic group: …………………….. Nationality: ..........  

ID Card No.: .........................................................................................

Date of issue: ….../ …../ ……… Place of issue: .........................................................

Other personal identity paper (if no ID card): .......................................  

Personal identity paper: ....................................................................................

Date of issue: ……/ …../ …… Expiration date: ………./ …../ ……. Place of issue: ....

Permanent residence:

Current residence: .......................................................................................................

Address: ......................................................................................................................

Tel: ………………………………………………….. Fax:..........................

Email: ……………………………………………………………… Website: .................  

4. Status of registration for issuance of fertilizer production License (Mark "X" in appropriate box)

5. Location and list of fertilizers registered for production:

Address: .......................................................................................................................

Tel: …………………………………………………………….. Fax: ....................

E-mail: …………………………………………………………………. Website: ............  

List of produced fertilizers (calculating for each fertilizer production location): The kinds of fertilizer registered for production are the kinds specified in Clause 1, Article 11 of this Circular.

6. Commitment: The fertilizer producing establishment is committed to taking responsibility before law for the legality, accuracy and truthfulness of the contents in the Application for issuance of fertilizer production License mentioned above.

ANNEX II

PERSONNEL LIST
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

PERSONNEL LIST

1. List of managers, technicians and production executives

Note: ^*) Enclosed with certified copy of degrees and certificates of each person proving that director or technical deputy director has qualifications from university degree or higher specialized in chemistry, physics and biology;

2. List of employees directly producing are trained and re-trained

ANNEX III

FORM OF LICENSE OF ORGANIC FERTILIZER AND OTHER FERTILIZER PRODUCTION
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

License for organic and other fertilizer production

License code:…………….
(issued by Department of Crop Production)

 Ffirst issue: date... month... year...

 Reissue, adjustment (No.) ……: date... month... year...

1. Name of ferilizer producing establishment

In Vietnamese:

In foreign language:

Abbreviated name:

Enterprise code (if any):

2. Legal representative of producing establishment

Title:

Full name:                                                                Sex (Male/female):

Date of birth:                                       Ethnic group:

Nationality:

ID card:

No.:                       Date of issue:                    Place of issue:

Permanent place of residence:

Present residence:

3. Main office

Address

Tel:                                                        Fax:

E-mail:                                                                     Website:

4. List of fertilizers permitted for production

5. Responsibility of fertilizer producing establishment issued with License

The fertilizer producing establishment must take responsibility stipulated in Decree No. 202/ND-CP dated 27 November 2013 of Government on fertilizer control; Circular No. ……/2014/TT-BNNPTNT dated ...of the Minister of Agriculture and Rural Development on providing guidelines on some articles of Decree No. 202/ND-CP and other related regulations of law./.

ANNEX IV

WAY TO WRITE THE CODE OF LICENSE FOR ORGANIC AND OTHER FERTILIZER PRODUCTION
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

WAY TO WRITE THE CODE OF LICENSE FOR ORGANIC AND OTHER FERTILIZER PRODUCTION

Code of License for fertilizer production is written by the licensing body and stipulated as follows:

1) The first numbers are code of province or city where the enterprise’s head office is located (Eg. 08 is the code of HCM City);

2) The following numbers are the order of enterprises that are issued with the fertilizer production License numbered from 01 onwards (Eg. 01 is the ordinal number of the first enterprise issued with License);

3) The following numbers are the month and year of issuance of fertilizer production License (Eg. 0214: February of 2014)

Eg: 08010214 is the code of a fertilizer producing establishment in HCM City, the first order, issued in February of 2014.

ANNEX V

FORM OF REPORT ON RESULT OF EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS OF ORGANIC FERTILIZER AND OTHER FERTILIZERS
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

REPORT ON RESULT OF EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

1. Number of times/ time of implementation/form of examination and inspection:

....................................................................................................................................

....................................................................................................................................

2. Contents and subjects to be examined and inspected

2.1. Production conditions:

Number of establishments to be examined and inspected:               …. establishment

In which:

Number of establishments meeting the conditions of production: ........ establishment(s) (%)

Number of unsatisfactory establishments:.......... ........ establishment(s) (%)

Violations of production conditions:

....................................................................................................................................

....................................................................................................................................

Form of handling/fine:

....................................................................................................................................

....................................................................................................................................

2.2. Trading conditions

Number of establishments to be examined and inspected:..................establishment(s)

In which:

Number of establishments meeting the conditions of production: ........ establishment(s) (%)

Number of unsatisfactory establishments:.......... ........ establishment (s) (%)

Violations of trading conditions:

.....................................................................................................................................

.....................................................................................................................................

Form of handling/fine:

.....................................................................................................................................

.....................................................................................................................................

2.3. Fertilizer quality:

Number of samples to be examined:......................sample(s)

In which:

Number of samples meeting the quality requirement................ sample(s) (%)

Number of unsatisfactory samples................ sample(s) (%)

Violations of quality:

......................................................................................................................................

......................................................................................................................................

Form of handling/fine:

3. Difficulties in examination, inspection and handling of violation:

......................................................................................................................................

......................................................................................................................................

4. Recommendations and suggestions:

......................................................................................................................................

......................................................................................................................................

ANNEX VI

FORM OF REPORT ON RESULT OF PRODUCTION AND IMPORT OF ORGANIC FERTILIZER AND OTHER FERTILIZERS
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

REPORT ON RESULT OF PRODUCTION AND IMPORT OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

1. Name of establishment

In Vietnamese:

In foreign language:

Abbreviated name:

Code of production License:                                           Enterprise code:

2. Legal representative

Title:

Full name:

3. Address of head office

Tel:                                                    Fax:

E-mail:                                                         Website:

4. Result of production and import

5. Changes of production conditions

5.1. Address of production establishment:

5.2. Technical facilities:

5.3. Personnel:

5.4. Production technologies:

6. Changes of types or kinds of production fertilizer, materials, kinds of fertilizer no longer produced/imported, reasons

7. Times of examination or inspection on production conditions and fertilizer quality/examining/inspecting agency:

8. Difficulties in production and import:

9. Các kiến nghị và đề xuất đối với cơ quan quản lý nhà nước Recommendations and suggestions to the state management agency:

ANNEX VII

INSTRUCTIONS ON CONDITIONS FOR PRODUCTION OF ORGANIC FERTILIZER AND OTHER FERTILIZERS
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

INSTRUCTIONS ON CONDITIONS FOR PRODUCTION OF ORGANIC FERTILIZER AND OTHER FERTILIZERS

I. Production location

The production location must be consistent with the constructional planning approved by the competent authorities or approved in writing by the provincial People’s Committee for projects of group A or by the agency having the authority to approve the planning for projects of group B and C as stipulated in Decree No. 12/2009/ND-CP dated 12 February 2009 on management of works construction investment projects

II. Production capacity

The fertilizer production capacity must be consistent with the line, machinery, equipment and process of production technologies.

III. Area for production

1. Having or leasing workshop or storage for raw materials or finished products with the area consistent with production capacity.

2. Having or leasing space area to meet the requirements for internal traffic, operation house, testing laboratory or other requirements under regulations of law.

IV. Storage of finished products and raw materials

1. Having storage or leasing contract consistent with production capacity or production planning.

2. Storage with firm roof and wall, waterproof floor and other means of preservation, except for storage of organic materials.

3. Having rules of storage to ensure the quality of products and labor safety.

V. Production machinery and equipment

1. Having line, machinery and equipment of production from the processing of materials to the final products meeting the production capacity and technology process. The stages and systems must use motored and automated machinery and equipment:

a) Shoveling and mixing materials when producing root fertilizers;

b) Crushing and screening for solid or powder fertilizers;

c) Stirring and filtering for liquid fertilizers;

d) Transportation line;

dd) Drying and granulation for fertilizers in the form of granules or pellets or drying system when in need of drying for powder fertilizers;

e) Weighing and packaging system of finished products.

2. In case of self production of yeast strain to produce microorganic organic fertilizer or microorganic fertilizer, equipment for preparation of environment and microorganisms including: technical balance, shaker, sterile autoclave, incubator, drier, peristaltic shaker, microwave, microbiological safety cabinet, refregerator, fermenter or fermentation equipment for production of microorganic fertilizer and microorganic organic fertilizer.

3. In case of self fermentation for production of bio-organic fertilizer, biological fertilizer, there must be a hydrolyzed fermentation equipment system with line from raw materials to finished products.

VI. Process of production technology

Having a process of production technology for each kind of fertilizer consistent with machinery, equipment and capacity of production.

VII. Quality control

Having certificate of quality control system according to ISO 9001: 2008 or above or equivalent. For new establishments, they must have this certificate within 01 year from the date of establishment.

VIII. Raw materials and additives for fertilizer production

1. Having the list of input raw materials and additives corresponding to each kind of produced fertilizer consistent with the production technology.

2. Having raw materials and additives with obvious origin.

IX. Testing laboratory

1. Having the testing laboratory which can analyze the quality indicator according to the standards publicized for application and corresponding national technical regulation or signing contract with an appointed or accredited testing laboratory to control quality of each produced batch of fertilizer.

2. In case of having the testing laboratory for self testing, the testing and measuring machinery and equipment must have a periodical certificate of calibration and verification under regulation.

ANNEX VIII

REGULATING MAIN QUALITY INDICATOR AND LIMITING FACTORS IN ORGANIC FERTILIZER AND OTHER FERTILIZERS
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

REGULATING MAIN QUALITY INDICATOR AND LIMITING FACTORS IN ORGANIC FERTILIZER AND OTHER FERTILIZERS

I. FOR ROOT FERTILIZER

1. Main quality indicator

1.1. Organic fertilizer

1.2. Mineral organic fertilizer

1.3. Organic mineral fertilizer

1.4. Microorganic organic fertilizer

1.5. Bio-organic fertilizer

1.6. Biological fertilizer

1.7. Microorganic fertilizer

1.8. The fertilizers specified at Points g, h, i, k, Clause 2, Article 3 of this Circular require the main quality indicators, including:

a) Satisfaction of provisions in Section 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7 in this Annex.

b) For humectant, utilization efficiency improver, plant immunity improver, growth regulator: the content and testing method are according to the applied publication standard of organization or individual having fertilizer.

1.9. Fertilizers specified at Point 1, m, Clause 2, Article 3 of this Circular: The content and testing method for rare earth substance or soil improver are based on the applied publication standard of organization or individual having fertilizer.

NOTE 1: Unit (%) of substances under the trading volume in solid form or volume in liquid form. For fertilizer in liquid form, the indicator pH_H2O and separate quantity must be publicized and the humidity for fertilizer in solid form.

NOTE 2: The fertilizers specified in Section 1.1 are allowed to have or not have the macro nutrients: P2O5, K2O, medium nutrients: Ca / CaO, Mg / MgO, S, SiO2, and / or micro nutrients: B, Co, Cu / CuO, Fe, Mn, Mo, Zn and rare earth and self-publication of content.

NOTE 3: The fertilizers specified in Sections 1.2 and 1.3 are allowed to have or not have the medium nutrients: Ca / CaO, Mg / MgO, S, SiO2, micro nutrients: B, Co, Cu / CuO, Fe, Mn, Mo, Zn and rare earth and self-publication of content.

NOTE 4: The fertilizers specified in Sections 1.4, 1.5, 1.6, 1.7, 1.9 are allowed to have or not have the macro nutrients: N, P₂O₅, K₂O, medium nutrients: Ca / CaO, Mg / MgO, S, SiO2, and / or micro nutrients: B, Co, Cu / CuO, Fe, Mn, Mo, Zn and rare earth and self-publication of content. The fertilizers specified in Sections 1.6, 1.7, 1.8, 1.9  with or without organic matters and self-publication of content.

NOTE 5: Abbreviations: HC: Organic; N: Total Nitrogen; P₂O₅: effective phosphate; K2O effective Potassium; Ca / CaO: Calcium; Mg / MgO: Magnesium; S: Sulphur; SiO2: silicon; B: Boron, Co: Cobalt; Cu / CuO: Copper; Fe: Iron; Mn: Manganese; Mo: molybdenum; Zn: Zinc.

2. Limiting factors

NOTE 5: The limiting factors 5, 6 are only applied to organic fertilizers produced from materials which are urban waste, industrial waste produced from agricultural products, food and livestock waste.

II. FOR FOLIAR FERTILIZER

1. Main quality indicators

1.1. For macro, medium, macro nutrients, organic matters, humic and fulvic acid, microorganisms: the content is according to the applied publication standard and corresponding testing method under Section 1 of this Annex.

1.2. For humectant, utilization efficiency improver, plant immunity improver, growth regulator, rare earth substance, amino acid, vitamins and other biological substances: the content and testing method are according to the applied publication standard of organization or individual having fertilizer.

2. Limiting factors:

Under the provisions in Clause 2, Section 1 of this Annex.

ANNEX IX

FERTILIZER EXPERIMENT NORM
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

FERTILIZER EXPERIMENT NORM

I. INTERPRETATION OF TERMS

In this norm, the following terms are construed as follows:

1. Annual crops are the ones planted, harvested and end their cycle of production for a period not exceeding one year, including the foot saving plants grown once for harvest in a few years.

2. Perennial crops are the ones planted once but harvested in many years and must have a period of basic preparation to be harvested, including the industrial plant group (eg: rubber, tea, coffee, cashew….), fruit tree group (eg: orange, mandarin, lychee, longan…).

II. CONTENTS AND EXPERIMENTING METHOD

1. Form of experiment

1.1. New fertilizers specified in Clause 1, Article 15 must be experimented under narrow and wide range. The narrow-range and wide-range experiments must be done before or simultaneously with wide-range experiments.

1.2. New fertilizers specified in Clause 2, Article 15 are experimented only under wide range.

1.3. Narrow-range experiment: the minimum area of experimental plot specified in Section 4.1 with control formula, is arranged according to the current experimental methods with at least three repetitions.

1.4. Wide-range experiment:  the minimum area of experimental plot is specified in Section 4.2 with control formula,

2. Experimenting formula

2.1. Experimenting formula: based on the fertilizer characteristics and reality of fertilizer use at locality where the experiment is conducted to determine the experimenting formula on amount of fertilizer, time of fertilizer and techniques or combination of such factors.

2.2. Control formula:

a) For root fertilizer: using the kind of fertilizer of the same type as the experimented fertilizer, amount of fertilizer, time of fertilizer and techniques commonly at localities where the experiments are conducted. In case of new fertilizer first introduced in Vietnam, the control formula is the common fertilizer formula widely used at localities where the experiments are conducted.

b) For foliar fertilizer: spraying with water with the amount, time and techniques of spray equivalent to the formula of experimented fertilizer.

2.3. One kind of fertilizer has at least 02 experimenting formula. The total different kinds of fertilizer for one time of experiment does not exceed four. The experimenting formula and amount of experimented fertilizer are specified in the experiment outline

3. Plant, type of land, experiment time

3.1. For fertilizer used for a few plants:

3.1.1. Experiments are arranged on the rice and at least a plant representing each plant group: crops, vegetables, flowers, grass as food for livestock, industrial crops, fruit trees, if fertilizer is recommended on such plants or plant groups.

3.1.2. The experiments are done on two types of land on which the experimented plants are grown on the largest area, except for special-use fertilizer for a specific type of land.

3.1.3. Experiment time:

3.1.3.1. For annual crops: Perform the experiment for at least two crops; the foot saving plants for harvest once/year (eg the sugar cane) for at least one year.

3.1.3.2. For perennial crops: Perform the experiment for at least one year; in case the fertilizer is used for the basic preparation stage and business stage, the experiment must be done in at least two locations, each location for one stage.

3.2. For fertilizer used for one type of crops (specific plant):

3.2.1. The experiments are done on at least two different types of soil, except that plants mainly grown on one type of soil (eg coffee plant grown on basaltic soil) shall be experimented on two different locations.

3.2.2. Experiment time: to be applied as stipulated in Section 3.1.3.

4. Area of experimental plot

4.1. Narrow-range experiment:

4.1.1. For annual crops: area of plot is at least 20 m².

4.1.2. For perennial crops: area of plot is at least 100 m² or area converted equivalent to the area for at least 10 plants for ones with planting density of less than 1,000 plants/ha or 50 plants for ones with planting density of more than 1,000 plants/ha (tea and coffee).

4.1.3. For experiment of root fertilizer for rice and aquatic plants, it is required to bank up or use partition between the experimenting formula to avoid the overflow from this formula to another formula.

4.2. Wide-range experiment:

4.2.1. The wide-range experiments can be done on a ricefield or garden (if sufficiently large) or a few ricefields or gardens divided into plots. The number of cell is equal to the experimenting formula and no repetition.

4.2.2. For annual crops: area of plot is at least 1,000 m², and 200 m² for flower plants. The total experimenting area must not exceed 30 ha/01 type of plant/01 type of fertilizer

4.2.3. For perennial crops: area of plot is at least 3,000 m². The maximum area must not exceed 30 ha/01 type of plant/01 type of fertilizer

4.3. For experiment of root fertilizer for rice and aquatic plants, it is required to bank up or use partition between the experimenting formula to avoid the overflow from this formula to another formula.

5. Technical measures

The technical measures are planting density, watering, plant protection and other technical measures applied according to the common process at locality where the experiment is done with uniform experimenting formula.

6. Monitoring indicators and method

6.1. Monitoring indicators

6.1.1. Productivity actually collected.

6.1.2. Product quality: Make comment and sensory evaluation of product quality. For the kind of fertilizer whose main effect is to improve production quality, a number of main quality indicators shall be analyzed for comparison.

6.1.3. Evaluate the reality of growth and development of experimented plants, seriousness of pest infestation and the resistance to unfavorable externam conditions of the plants.

6.1.4. Calculate the surplus of productivity and efficiency of fertilizer (applied to narrow-range experiment), surplus of productivity and economic efficiency (applied to wide-range experiment).

6.1.5. Evaluate the possible increase in soil moisture for fertilizer added with humectant, amount of fertilizer saving when added with the utilization efficiency improver, the possible increase in immunity of plants for unfavorable external conditions or pests of fertilizers added with immunity improver for plants.

6.2. Monitoring method:

6.2.1. Productivity: For narrow-range experiment for harvest of the entire plot; for wide-range experiment for harvest by the method of diagonal statistics with 5 point on the plot corresponding to each experimenting formula; area of each point is 10 m²/point for short-term crops, 10 plants/point for perennial crops with planting density of less than 1,000 plants/ha, 20 plants/point for perennial crops with planting density of more than 1,000 plants/ha.

6.2.2. The quality indicators and specific indicators specified in Section 6.1.5 shall comply with the method specified in the national technical standards and regulations for each plant or basic standard if they have not been specified in the corresponding national technical standards and regulations.

6.2.3. Calculation of effect of fertilizer:

- Productivity surplus (100 kg/ha) = Productivity of experimented fertilizer formula – Productivity of control formula;

- Fertilizer utilization efficiency = Productivity surplus/kg (liter) of experimented fertilizer used;

- Economic efficiency: Profit (1,000 dong) = (Productivity x agricultural price) – Total expenses.

7. Grounds for evaluation of experimented fertilizer

The kinds of experimented fertilizer which is approved to be put into production or import when it effectively increases the productivity or economic efficiency at least 10% compared with the control fertilizer. For fertilizers added with the utilization efficiency improver, they must have the effective saving of fertilizer amount at least 20%. For fertilizers added with immunity improver, humectant, growth regulator, there must be a meaningful difference from the productivity statistics or economic efficiency compared with control fertilizer.

III. FERTILIZER EXPERIMENT OUTLINE

Main contents of experiment outline:

1. Name and address of establishment having fertilizer and experimenting establishment;

2. Type, name of fertilizer, quality indicators, limiting factors, principal characteristics of experimented fertilizer;

3. Fertilizer origin: research result, import, assignment, transfer…;

4. Experimented plants;

5. Experimenting soil (according to Vietnamese soil classification table);

6. Experimenting formula and control formula;

7. Location and time of narrow and wide-range experiment;

8. Indicators, method of data monitoring and method of data processing;

9. Applied technical measures;

10. For kinds of fertilizer as soil improver, fertilizer with humectant, utilization efficiency improver of fertilizer, immunity improver or other cases in the experimenting outline, it is required to specify the method of arrangement of experiment, control fertilizer, indicators and specific method of monitoring and other relevant contents.

IV. EXPERIMENT RESULT REPORT

1. Presentation of cover page:

1.1. Name of establishment having experimented fertilizer;

1.2. Name of experimenting establishment;

1.3. Name of experiment result report (specify the type and name of experimented fertilizer);

1.4. Location and time of result report.

2. Contents and experiment methods

2.1. Purposes and requirements for experiments.

2.2. Conditions and methods of experiments:

2.2.1. Name of soil type;

2.2.2. Comments about characteristics of experimented soil;

2.2.3. Location and time of experiment;

2.2.4. Mode of cultivation: plants of previous crop and fertilizer used for previous crop;

2.2.5. Comments on the weather, climate;

2.2.6. Method of experiment arrangement (experiment formula, control formula, plot area, number of repetitions….);

2.2.7. Applied technical measures;

2.2.8. 2.2.9. Phương pháp xử lý số liệu Methods of data processing.

3. Experiment result

3.1. Narrow-range experiment result:

3.1.1. Productivity actually collected;

3.1.2. Productivity surplus compared with control productivity;

3.1.3. Comments on quality of agricultural product and quality indicators analyzed (if any);

3.1.4. Comments on the growth, development, pests and resistance to unfavorable conditions of experimented plants;

3.1.5. Fertilizer utilization efficiency;

3.1.6. Evaluation of possible increase in soil moisture for fertilizer added with humectant, amount of fertilizer saving when added with the utilization efficiency improver, the possible increase in immunity of plants for unfavorable external conditions or pests of fertilizers added with immunity improver for plants.

3.2. Wide-range experiment result:

3.2.1. Productivity actually collected;

3.2.2. Productivity surplus compared with control productivity;

3.2.3. Comments on quality of agricultural product and quality indicators analyzed (if any);

3.2.4. Comments on the growth, development, pests and resistance to unfavorable conditions of experimented plants;

3.2.5. Economic efficiency of experimented fertilizer utilization;

3.2.6. Evaluation of possible increase in soil moisture for fertilizer added with humectant, amount of fertilizer saving when added with the utilization efficiency improver, the possible increase in immunity of plants for unfavorable external conditions or pests of fertilizers added with immunity improver for plants.

4. Conclusion, recommendations and instructions on fertilizer utilization

4.1. Conclusion and recommendations from fertilizer experiment.

4.2. Instruction on fertilizer experiment.

5. Certification

Signature and seal of organizations or individuals of self experiment or experimenting.

6. Annex with attached report

6.1. A copy of Form of analysis result of quality indicators, limiting factors of fertilizer issued by the accredited or appointed testing laboratory;

6.2. A copy of Record of testing and evaluation of fertilizer experiment of the Department of Agriculture and Rural Development in the area where the experiments are conducted or of the Department of Crop Production (if any);

6.3. A copy of fertilizer experiment Contract with organizations or individuals in the area where the experiments are conducted.

V. Dossier of fertilizer experiment

Dossier of fertilizer experiment kept at the establishment having the experimented fertilizer includes:

1. Fertilizer experiment outline specified in Section III of this Annex;

2. Report on fertilizer experiment result specified in Section IV of this Annex;

3. Decision of the establishment having the experimented fertilizer on putting the experimented fertilizer into production or import;

4. Diary of fertilizer experiment recording in detail the experiment process and original data of experiments.

ANNEX X

ACCEPTABLE TOLERANCE BETWEEN ANALYSIS RESULT COMPARED WITH THE PUBLISHED APPLICATION
(Issued with Circular No. 41/2014/TT-BNNPTNT dated 13 November 2014 of the Minister of Agriculture and Rural Development)

ACCEPTABLE TOLERANCE BETWEEN ANALYSIS RESULT COMPARED WITH THE PUBLISHED APPLICATION FOR ORGANIC FERTILIZER AND OTHER FERTILIZERS

* NOTE: Abbreviations: HC: Organic; N: Total Nitrogen; P₂O₅: effective phosphate; K2O effective Potassium; Ca / CaO: Calcium; Mg / MgO: Magnesium; S: Sulphur; SiO2: silicon; B: Boron, Co: Cobalt; Cu / CuO: Copper; Fe: Iron; Mn: Manganese; Mo: molybdenum; Zn: Zinc.