Nội dung toàn văn Official Dispatch No. 2114/BCT-HC implementation of Decree No. 202/2013/ND-CP on fertilizer management
THE MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
No. 2114/BCT-HC | Hanoi, March 19, 2014 |
Respectfully to: | - Organizations and individuals of fertilizer production, business, export and import; |
On November 27, 2013, the Government has promulgated Decree No. 202/2013/ND-CP on fertilizer management coming into effect on February 01, 2014. The Ministry of Industry and Trade and the Ministry of Agriculture and Rural development are considering promulgating Circular guiding and specifying a number of Articles of Decree No. 202/2013/ND-CP now. While pending Circular guiding implementation, on the basis of uniform with the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade requests:
1. Regarding fertilizer manufacture
Organizations and individuals which are manufacturing and trading in fertilizer, in case of satisfying full conditions on fertilizer production and business according to Decree No. 202/2013/ND-CP within two years, from February 01, 2014, must supplement for eligibility. To satisfy full conditions under regulations, organizations and individuals should prepare:
- Supplementation of equipment for manufacture, measurement, examination on quality of fertilizer products;
- Supplementation and completion of waste treatment system and system of fire prevention and fighting under current regulations;
- Defining the intellectual property on trade mark for fertilizer products;
- Complying with Circulars guiding Decree No. 202/2013/ND-CP promulgated by the Ministry of Industry and Trade and the Ministry of Agriculture and Rural development.
2. Regarding fertilizer export and import
2.1. Organizations and individuals of fertilizer export and import shall implement provisions on conditions for fertilizer export and/or import in Articles 16, 17 of Decree No. 202/2013/ND-CP; Particularly:
- For inorganic fertilizer, the certifying organizations shall be appointed by the Ministry of Industry and Trade;
- For organic fertilizer and others, the certifying organizations shall be appointed by the Ministry of Agriculture and Rural development.
2.2. Temporarily, customs offices shall request organizations and individuals of fertilizer export for producing of some following documents (specified in Article 16 of Decree No. 202/2013/ND-CP):
- 01 copy of certificate of enterprise registration or certificate of investment or certificate of business registration, in which trades included fertilizer business granted by competent agencies, only producing for the first export;
- 01 copy of contract with organization or individual of import country;
- Test report on quality of the export fertilizer batch in line with provisions of export contract.
2.3. Temporarily, customs offices shall request organizations and individuals of fertilizer import for producing of some following documents (specified in Article 17 of Decree No. 202/2013/ND-CP):
a) Cases of import for production and business:
- 01 copy of certificate of enterprise registration or certificate of investment or certificate of business registration, in which trades included fertilizer business granted by competent agencies, only producing for the first import;
- 01 copy of notice about receipt of technical-regulation conformity announcement on quality of imported fertilizer (for organic fertilizer and others) which is granted by the provincial Service of Agriculture and Rural Development where individual or organization locates head office, only producing for the first import for each fertilizer type;
- 01 certificate of technical-regulation conformity of the import fertilizer batch in line with the national technical regulations and the standard announced for application which is granted by an appointed organization of certifying technical-regulation conformity on fertilizer or report of test result/ certificate which is granted by a test organization or organization of certifying fertilizer in countries signing Mutual Recognition Arrangements/Agreements-MRA.
b) Cases of import for test, research, use as sample goods:
01 copy of certificate of enterprise registration or certificate of investment or certificate of business registration, in which trades included fertilizer business granted by competent agencies, only producing for the first import.
3. Regarding fertilizer test
- For fertilizer types which have passed test and accepted by the Council of Science And Technology for results of test on new fertilizers, which is established by the Ministry of Agriculture and Rural development (Department of Crop production), in case of satisfying requirements, organizations and individuals shall be permitted conducting certification for technical-regulation conformity and announcement of technical-regulation conformity for production, business and import;
- For fertilizer types which have been granted certificate of test, being tested or ending test as prescribed in Circular No. 52/2010/TT-BNNPTNT but have not yet been accepted results of test on new fertilizer types, by the Council of science and technology, through conducting test and additional test according to code of practice for testing new fertilizers promulgated by the Ministry of Agriculture and Rural development;
- For fertilizer types which have not yet had the national technical regulations on quality as prescribed in Article 18 of Decree No. 202/2013/ND-CP when producing or importing, on labels of products must clearly state “sample” or “for research or test”, sale is banned. Quotas of production, import for inorganic fertilizers, organic fertilizers and others which have not yet had the national technical regulations, shall temporarily base on the following grounds: Use dose for plants, fertilizer type included in instruction document; total test area does not exceed 30 ha for a fertilizer type.
4. Regarding certificate of technical-regulation conformity and announcement of technical-regulation conformity
- Within 12 (twelve) months, from February 01, 2014, organizations and individuals producing and importing fertilizers, in list of fertilizers allowed production, business and use in Vietnam, which is promulgated by the Ministry of Agriculture and Rural development, must certify technical-regulation conformity and announce technical-regulation conformity on quality for fertilizer types which they are producing and importing. List of fertilizers, which must be certified technical-regulation conformity and announced technical-regulation conformity on quality, are temporarily applied Annex 1 and Annex 2 attached to this official dispatch;
- The certification of technical-regulation conformity and announcement of technical-regulation conformity for inorganic fertilizer types shall comply with Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of Minister of Science and Technology, providing for announcement of standard conformity, announcement of technical-regulation conformity and method of assessment on conformity with standards and technical regulations;
- The certification of technical-regulation conformity and announcement of technical-regulation conformity for organic fertilizer types and other types shall comply with Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 of Minister of Agriculture and Rural Development, guiding procedures for appointing organizations of certifying technical-regulation conformity and announcing technical-regulation conformity in management scope of the Ministry of Agriculture and Rural development.
The above is some contents in implementing Decree No. 202/2013/ND-CP organizations and individuals of fertilizer production, business, export and import, and organizations and individuals conducting activities involving domain of fertilizer are required for implementation.
| FOR THE MINISTER OF INDUSTRY AND TRADE |
ANNEX 1
LIST OF FERTILIZER REUIRED TO CERTIFY TECHNICAL-REGULATION CONFORMITY AND ANNOUNCE TECHNICAL-REGULATION CONFORMITY
(Attached to the official dispatch No. 2114/BCT-HC dated March 19, 2014, of the Ministry of Industry and Trade)
No. | Fertilizer type | Norms must be certified technical-regulation conformity and announced technical-regulation conformity |
1 | Urea | - Biuret content |
2 | Superphosphate | - Free acid content |
3 | Import phosphate, DAP, melted phosphate | - Cadimi content (Cd) |
4 | Organic fertilizer | - Total organic content - Content Nts - Humidity for powder form - pH H2O, proportion for liquid fertilizer |
5 | Bio-organic fertilizer | - Total organic content - Content Nts - Content of humic acid for fertilizer produced from peat source - Biological substances for fertilizer produced from organic sources other than peat - Humidity for powder form - pH H2O, proportion for liquid fertilizer |
6 | Mineral-organic fertilizer | - Total organic content - Humidity for solid fertilizer - Total content: Nts+P2O5hh + K2Oht; Nts+P2O5hh; Nts +K2Oht; P2O5hh +K2Oht |
7 | Microbiological -organic fertilizer | - Humidity for powder form - Total organic content - Density of each useful microorganisms registered |
8 | Microbiological fertilizer | - Density of each useful microorganisms registered |
9 | Fertilizer added growth moderators | - Content of each growth moderator registered - Total content of growth moderators registered |
10 | Fertilizer types: Organic; mineral organic; microbiological organic; biological organic produced from materials including urban waste, industrial residue made from agricultural products, food, waste in livestock | - Asen (As), - Cadimi (Cd), - lead (Pb), - Mercury (Hg), - Density of Salmonella, |
ANNEX 2
COMPULSORY QUANTITATIVE NORMS IN FERTILIZER
(Attached to official dispatch 2114/BCT-HC dated March 19, 2014, of the Ministry of Industry and Trade)
No. | Norms | Compulsory quantity |
1 | Mineral-organic fertilizer |
|
| - Total organic content | Not less than 15% |
| - Humidity: for fertilizer of powder form | Not exceeding 25% |
| - Total content: Nts+P2O5hh + K2Ohh; Nts+P2O5hh; Nts +K2Ohh; P2O5hh + K2Ohh | Not less than 8% |
2 | Organic fertilizer |
|
| - Humidity for fertilizers of powder form | Not exceeding 25% |
| - Total organic content | Not less than 22% |
| - Total protein content (Nts): | Not less than 2,5% |
| - pHH2O (for organic fertilizers used on leaves) | Between 5-7 |
3 | Bio-organic fertilizer |
|
| - Humidity for fertilizers of powder form | Not exceeding 25% |
| - Total organic content | Not less than 22% |
| - Content Nts | Not less than 2.5% |
| - Content of humic acid (for fertilizers produced from peat) - Total content of biological substances (for fertilizers produced from other organic source) | Not less than 2.5% Not less than 2.0% |
| - pHH2O (for organic fertilizers used on leaves) | Between 5-7 |
4 | Microbiological -organic fertilizer |
|
| - Humidity for fertilizers of powder form | Not exceeding 30% |
| - Total organic content | Not less than 15% |
| - Density of each useful microorganism | Not less than 1x 106 CFU/g (ml) |
5 | Microbiological fertilizer - Density of each useful microorganism |
Not less than 1x 108 CFU/g (ml) |
6 | Fertilizer added growth moderators - Total content of growth moderators |
Not exceeding 0.5% |
7 | Urea fertilizer - Biuret content |
Not exceeding 1.5% |
8 | Superphosphate fertilizer - Free acid content |
Not exceeding 4.0% |
9 | Organic; mineral organic; microbiological organic; biological organic fertilizers produced from materials including urban waste, industrial residue made from agricultural products, food, waste in livestock; fertilizer on leaves originated from organic substances |
|
| - Arsenic content (As) | Not exceeding 3.0 mg/kg (liter) or ppm |
| - Cadimi content (Cd) | Not exceeding 2.5 mg/kg (liter) or ppm |
| - Lead content (Pb) | Not exceeding 300.0 mg/kg (liter) or ppm |
| - Mercury content (Hg) | Not exceeding 2.0 mg/kg (liter) or ppm |
| - Density of Salmonella bacteria | Not be detected in 25g or 25ml of test sample (CFU) |
10 | Import phosphate, DAP, melted phosphate - Cadimi content (Cd) | Not exceeding 12.0 mg/kg or ppm
|
------------------------------------------------------------------------------------------------------
This translation is made by LawSoft, for reference only. LawSoft is protected by copyright under clause 2, article 14 of the Law on Intellectual Property. LawSoft always welcome your comments
