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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 16/2019/TT-BNNPTNT

Hanoi, November 1, 2019

 

CIRCULAR

ELABORATING SEVERAL ARTICLES OF GOVERNMENT'S DECREE NO. 109/2018/ND-CP DATED AUGUST 29, 2018 ON ORGANIC AGRICULTURE

Pursuant to the Government's Decree No. 15/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government’s Decree No. 107/2016/ND-CP dated July 1, 2016 on business requirements for conformity assessment services;

Pursuant to the Government’s Decree No. 109/2018/ND-CP dated August 29, 2018 on organic agriculture;

Pursuant to the Government’s Decree No. 154/2018/ND-CP dated September 11, 2018 on amending, supplementing and repealing several regulations on investment and business requirements concerning the state authority of the Ministry of Science and Technology and a number of regulations on specialized inspections;

Upon the request of the Director of Department of Agricultural Product Treatment and Market Development;

Minister of Agriculture and Rural Development hereby promulgates the Circular elaborating several Articles of the Government's Decree No. 109/2018/ND-CP dated August 29, 2018 on organic agriculture.

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GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates on a number of Articles of the Government’s Decree No. 109/2018/ND-CP dated August 29, 2018 regarding organic agriculture (hereinafter referred to as Decree No. 109/2018/ND-CP), including:

1. Divisions receiving registration application and granting registration numbers, which are affiliated to organic product certification bodies.

2. Pre-issuance and supervisory verification and assessment for issuance and oversight of issuance of Certificates of conformance to national standards on organic agriculture by certification bodies. 

3. Regulations on organic product sampling and testing.

4. Quality inspection, recall and disposal of organic products failing to meet prescribed quality standards within the remit of the Ministry of Agriculture and Rural Development.

Article 2. Subjects of application

This Circular shall apply to entities and persons involved in manufacture, trading and certification of organic products within the territory of Vietnam.

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SPECIFIC PROVISIONS

Article 3. Bodies receiving application for issuance, re-issuance, supplementary issuance and revision of Certificates of registration of certification of conformance of organic products to national standards of Vietnam on organic agriculture

1. Bodies receiving applications shall undertake verification and assessment for issuance, re-issuance, supplementary issuance and revision of Certificates of registration of certification of conformance of organic products to national standards of Vietnam on organic agriculture (hereinafter referred to as practicing registration certificate). 

2. If an organic product certification body (hereinafter referred to as certification body) wishes to obtain registration of its organic product certification services in one (01) sector, it must apply to a specialized body affiliated to the Ministry of Agriculture and Rural Development, specifically including:

a) Directorate of Fisheries shall take charge of receiving applications in the fisheries sector.

b) Vietnam Administration of Forestry shall take charge of receiving applications in the forestry sector.

c) Department of Crop Production shall take charge of receiving applications in the crop production sector.

d) Department of Livestock Production shall take charge of receiving applications in the livestock production sector.

3. If a certification body wishes to obtain registration for certification services for organic products in at least two (02) sectors, it must apply to a body having specialized authority over the sector that it registers. The receiving body shall undertake or cooperate with relevant entities in issuance of the practicing registration certificate.

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5. The body granting practicing registration certificates shall publicly inform institutional applicants eligible to receive practicing registration certificates on the website of the Ministry of Agriculture and Rural Development and of the issuing body within the maximum duration of five (05) working days from the issuance date.

Article 4. Registration number of certification body

1. The registration number of a certification body is a registration code specified in the Form No. 01 in the Appendix to the Decree No. 109/2018/ND-CP.

2. Each registration number shall be given a certification body, being kept unchanged in case of reissuance, supplementary issuance and revision of the practicing registration certificate.

3. Department of Science, Technology and Environment shall be a body authorized to issue and manage registration numbers.

Article 5. Operation of certification body

1. Approaches to pre-issuance and supervisory verification and assessment for issuance of Certificates of conformance of organic products to national standards of Vietnam in accordance with point dd of clause 1 of Article 5 (5th approach) in the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology regulating declaration of conformance to standards, declaration of conformity with regulations and approaches to assessment of conformance to standards and technical regulations and TCVN 12134:2017 – Organic agriculture – Requirements for certification bodies, international standards, regional standards and foreign standards accepted in Vietnam.

2. Organic products of entities and persons holding health certificates for organic products may carry product stamps corresponding to certified standards.

3. Entities or persons wishing to receive certificates of conformance to international standards, regional standards and international standards for organic products for domestic consumption must be certificated by certification bodies meeting standards referred to in clause 2 of Article 9 in the Decree No. 109/2018/ND-CP. 

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1. General Department and Sectoral Administrations affiliated to the Ministry of Agriculture and Rural Development, Departments of Agriculture and Rural Development shall, based on their assigned functions and duties, conduct inspection of quality of organic products according to the approved plan or whenever any suspicious act of violation is found.  

2. Inspection of quality of organic produce will be subject to the Law on Quality of Commodities, the Law on Food Safety and other relevant regulations in force.

Article 7. Regulations on collection of organic product samples

1. Collectors must hold sampling practice certificates or certificates of participation in training course in collection of samples relevant to the type of sample to be collected.

2. Sampling process shall be subject to national standards of Vietnam appropriate to the type of sample and regulations promulgated by the Ministry of Agriculture and Rural Development.

Article 8. Testing of organic product sample falling within the remit of the Ministry of Agriculture and Rural Development

1. General Department or Administrations shall use quick test methods accepted or approved by the Ministry of Health for the purpose of identifying agents or substances not in the list of agents and substances permitted for use in the national standard of Vietnam No. 11041, international standards and regional standards accepted by Vietnam.

2. Test results achieved from quick test kits shall serve as primary test results only for screening and instructional purposes for upcoming confirmatory tests conducted inside laboratories.  Results of tests conducted by using quick test kits shall not be used as a basis for handling of violations.

3. Organic product samples which are positive to tests conducted using quick test kits must undergo confirmatory tests taking place at registered laboratories which have already been recognized or designated under laws to be able to give conclusions.

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Article 9. Recall of organic products failing to meet prescribed standards within the remit of the Ministry of Agriculture and Rural Development

1. If it is mandatory to recall organic products, regulations laid down in clause 3 of Article 13 in the Decree No. 109/2018/ND-CP shall be applied.

2. Manufacturing and trading entities and persons must formulate plans to recall organic products failing to meet prescribed quality standards.

3. Forms of recall of organic products failing to meet prescribed quality standards:

a) Voluntary recall carried out by manufacturing and trading entities and persons;

b) Obligatory recall carried out upon the requests of competent regulatory authorities.

Article 10. Handling of organic products failing to meet prescribed standards within the remit of the Ministry of Agriculture and Rural Development

1. Handling of recalled organic products shall be subject to regulations laid down in clause 4 of Article 13 in the Decree No. 109/2018/ND-CP.

2. Handling of acts of failure to meet the quality standards for organic products shall be subject to regulations on administrative penalties and other documents related to the quality of commodities, products and food safety.

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IMPLEMENTATION PROVISIONS

Article 11. Implementation responsibilities

1. Department of Agricultural Product Treatment and Market Development shall assume the following responsibilities:

a) Provide counsels and general reports on international cooperation in and development of organic agriculture.

b) Preside over and cooperate with related units in resolving any difficulty that may arise in the course of implementation of this Circular.

2. General Department and sectoral Administrations affiliated to the Ministry of Agriculture and Rural Development shall assume the following responsibilities:

a) Provide training courses in inspection, assessment and oversight of certification bodies and quality of organic products;

b) Receive application for issuance, re-issuance, supplementary issuance and revision of Certificates of registration of certification of conformance of organic products to national standards of Vietnam on organic agriculture within the scope of their assigned duties;

c) Carry out inspection and assessment of certification of organic products by certification bodies to ensure transparency in accordance with laws;

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3. Department of Science, Technology and Environment shall assume the following responsibilities:

Issue registration numbers to certification bodies upon the request of General Department or sectoral Administrations.

4. Departments of Agriculture and Rural Developments in provinces and centrally-affiliated cities shall assume the following responsibilities:

a) Cooperate with specialized entities affiliated to the Ministry of Agriculture and Rural Development in carrying out inspection of certification by certification bodies operating under their jurisdiction.

b) Preside over or cooperate with specialized entities affiliated to the Ministry of Agriculture and Rural Development in carrying out inspection of organic product manufacturing and trading establishments and quality of organic products under their jurisdiction.

Article 12. Entry into force

1. This Circular shall take effect from December 18, 2019. In case where legislative documents or standards referred to in this Circular are amended or replaced by other new ones, new versions thereof shall be applied.

2. Certification bodies granted Certificates of registration of certification of organic products under the provisions of the Government’s Decree No. 107/2016/ND-CP dated July 1, 2016 on requirements for conformity service business must apply for registration according to the Decree No. 109/2018/ND-CP after their Certificates have expired.

3. In the course of implementation of this Circular, if there is any difficulty or query that arises, entities and persons involved must report to the Ministry of Agriculture and Rural Development to seek its decision on any necessary amendment and supplement./.

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PP. MINISTER
DEPUTY MINISTER




Tran Thanh Nam