CIRCULAR

GUIDING THE TESTING, RECOGNITION AND NAMING OF NEW FERTILIZERS

Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 3, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; the Government’s Decree No.75/2009/ND-CP of September 10, 2009 amending Article 3 of the Government's Decree No. 01/2008/ND-CP of January 3, 2008;

Pursuant to the Government’s Decree No.113/2003/ND-CP of October 7, 2003 on the management of fertilizer production and trading; the Government’s Decree No. 191/2007/ND-CP of December 31, 2007 amending and supplementing a number of articles of the Government’s Decree No.113/2003/ND-CP of October 7, 2003, on the management of fertilizer production and trading;

Pursuant to the Government’s Decree No.15/2010/ND-CP of March 1, 2010, on handling of administrative violations in fertilizer production and trading activities;

The Ministry of Agriculture and Rural Development hereby guides the testing, recognition and naming of new fertilizers as follows:

Chapter I

GENERAL PROVISIONS

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This Circular stipulates conditions, order, procedure and allocation of tasks in the testing, recognition, naming of new fertilizers and re-naming of fertilizers.

Article 2. Subjects of application

1. Domestic and foreign organizations and individuals engaged in the field of the testing, recognition, naming of new fertilizers and renaming of fertilizers in the territory of Vietnam.

2. Foreign organizations and individuals wishing for registration of the fertilizer testing must have a legal representative office in Vietnam. In case these organizations and individuals don’t have any legal representative office in Vietnam, they must hire under contracts or authorize under powers of attorney another (01) organization or individual in Vietnam to register the testing on their behalf.

Chapter II

TESTING AND RECOGNITION OF NEW FERTILIZERS

Article 3. Kinds of fertilizers not subject to testing

Kinds of fertilizers stipulated in Clauses 2 and 4 of Article 7 of the Regulation on fertilizer production, trading and use promulgated together with the Circular No. 36/2010/TT- BNNPTNT of June 24, 2010 of the Minister of Agriculture and Rural Development promulgating the Regulation on fertilizer production, trading and use.

Article 4. Kinds of fertilizers subject to testing

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Article 5. Conditions for new fertilizers to be tested

Kinds of fertilizers not subject to Article 4 of the Circular wishing for being tested must satisfy the following conditions:

1. Respective mandatory content criteria in each kind of fertilizer required to reach as specified at point B, Annex No. 3: the acceptable nutrition content and compulsory quantity applicable to elements of fertilizers promulgated together with Circular No 36/2010/TT-BNNPTNT of June 24, 2010 of the Minister of Agriculture and Rural Development.

 2. In case fertilizers to be registered for testing having elements and contents of nutrition similar to kinds of fertilizers specified in the List of Fertilizers or one (01) unit registers for testing a variety of fertilizers with similar elements and contents of nutrition, the testing is conducted only for fertilizers having the minimum difference on content of one (01) element of nutrition defined in Annex No. 1 issued together with this Circular.

Article 6. Testing registration dossier

Organizations and individuals with fertilizers wishing for testing shall submit directly or send via post one (01) set of dossier to the Department of Crop Production, the dossier includes:

1. An Application for fertilizer testing according to the form in Annex 2 enclosed with this Circular;

2. A technical declaration according to the form in Annex 3 enclosed with this Circular;

3. The valid testing contract between the organizations, individuals of fertilizer registering for testing and the fertilizer testing unit appointed by the Department of Crop Production as stipulated in Article 8 of this Circular;

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5. Goods label looking-up slip issued by the National Office of Intellectual Property or the Declaration made by organizations, individuals of fertilizer testing registration affirming that names of fertilizers to be registered for testing are not identical with any fertilizer in the List of fertilizers or any goods label under protection;

6. A notarized copy of the valid Investment License or Business Registration Certificate as to fertilizer producing, trading organizations or a notarized copy of the identity card as to individuals of registration.

Article 7. Issuance of the Certificate of fertilizer testing registration.

1. Within a period of five (05) working days as from the date of receipt of the registration dossier, the Department of Crop Production shall appraise the dossier and, if the dossier is valid, issue the Certificate of fertilizer testing registration according to the form in Annex 4 enclosed with this Circular and collect the fee for testing registration as stipulated (if any).

2. In case the dossier is invalid, within five (05) working days as from the date of receipt of the registration dossier, the Department of Crop Production shall inform organizations and individuals of registration the contents to be supplemented for the dossier’s completion under regulations.

3. After six (06) months as from the date of issuance of the Certificate of fertilizer testing registration, if the testing is not done, the certificate shall become invalid. The organizations, individuals who wish to continue testing shall re-register at the Department of Crop Production, the testing registration dossier shall be made the same as the original registration dossier stipulated in Article 6 of this Circular.

Article 8. Fertilizer testing unit

1. The organization acting as the fertilizer testing unit shall fully meet with conditions stipulated in Clause 2 of this Article and must be appointed under decision of the Director of the Department of Crop Production.

2. Conditions for being appointed as the fertilizer testing unit

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b) Regarding human resources: having from five (05) technical staffs with university degrees or higher professional degrees, of which there must be at least two (02) staffs with agriculture study, the remaining personnel with other relevant fields of study: chemistry, biology and environment. Technical staffs must have at least two (02) years of experience in the field of fertilizer testing or research;

c) Having sufficient conditions in terms of working offices, the system of testing document management;

d) Having the ground area for carrying out fertilizer field testing as regulated by the Minister of Agriculture and Rural Development in the following documents:

- 10TCN 216-2003: Procedures for field testing of the effects of assorted fertilizers on crop yield and quality;

- 10TCN 766-2006: Procedures for field testing of the effects of assorted fertilizers on rice;

- 10TCN 894-2006: Procedures for field testing of the effects of assorted fertilizers on leafy vegetable;

In case the ground area for fertilizer testing is not sufficient according to above regulations, the unit must have a valid contract to lease land for testing.

đ) Having the department of fertilizer quality analysis recognized or appointed by the competent authority or having a valid contract with a department for analysis of fertilizer quality which is recognized or appointed to test the fertilizer quality and other indexes relating to the content of the fertilizer testing.

3. Order of and procedure for appointing the fertilizer testing unit.

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The organization who register to be appointed as the fertilizer testing unit shall submit directly or send via post one (01) set of dossier to the Department of Crop Production, including:

- An application form specified in Annex 5 enclosed with this Circular;

- The declaration on personnel, material facilities, equipment and devices according to the form in Annex 6 enclosed with this Circular;

b) Appraisal of the conditions of the unit who registers to be appointed as the fertilizer testing unit:

Within 07 working days as from the date of receipt of valid registration dossier, the Director of the Department of Crop Production shall organize a Council for appraisal and assessment of the conditions of unit who registers to be appointed. The maximum appraisal period is twenty (20) days as from the date of the Decision on establishment of the Council.

The appraisal process consists of 3 steps:

- Step 1: Appraisal of the registration dossier: based on registration dossier and reference to conditions stipulated in Clause 2 of this Article, the Council shall consider and decide the contents to be appraised in Step 2;

- Step 2: On- site appraisal at the unit who registers to be appointed as the fertilizer testing unit, concentrating on appraisal on human resources, working offices, the system of testing document management, land for testing, equipment and devices for land, fertilizer testing.

Upon completion of Step 1 and Step 2, the Council shall make a statement to verify available conditions and means of the registering unit.

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+ If the registering unit has sufficient conditions stipulated in Clause 2 of this Article, the Council shall make a report to propose the Department of Crop Production to nominate the registering unit as the fertilizer testing unit;

+ If the reality appraisal shows that the registering unit fully meets required conditions whereas the document has not been completed as required, the Council shall make a report specifying the contents which need to be completed to submit the Department of Crop Production for examination and decision.

Designating the fertilizer testing unit:

Within five (05) working days as from the date of the Statement by the Appraisal Council:

- If all required conditions have been satisfied, the Director of the Department of Crop Production shall decide to appoint the registering unit as the fertilizer testing unit and shall inform this decision:

+ To the unit who registers to be appointed as the fertilizer testing unit;

+ To the Department of Agriculture and Rural Development in the locality where the fertilizer testing unit is headquartered;

+ On the website of the Department of Crop Production;

- if all required conditions have been satisfied whereas the registration dossier has not been completed, the Department of Crop Production shall inform the registering unit the contents which need to be supplemented according to the Statement of the Council and determine clearly the period required for completion of the dossier. Based on the supplemented and completed dossier of the registering unit, the Department of Crop Production shall check it and decide whether the registering unit is appointed as the fertilizer testing unit or not;

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4. Re-appointment of the fertilizer testing unit

a) At the latest two (02) months before the Decision of appointment of the fertilizer testing unit is invalid, if wishing to be re-appointed, the fertilizer testing unit shall submit directly or send via post one (01) set of dossier to the Department of Crop Production, which consists of:

- An application for reappointment according to the form in Annex 5 enclosed with this Circular;

- A declaration of human resource, material facilities, equipment and devices according to the form in Annex 6 enclosed with this Circular;

- A sum-up report on fertilizer testing result under the latest decision of appointment according to the form in Annex 7 enclosed with this Circular;

b) Within a period of ten working (10) days as from the date of receipt of the valid dossier, the Department of Crop Production shall appraise the registration dossier and may conduct an on –site inspection if necessary. Based on result of appraisal, inspection and reference to provisions of Clause 2 of this Article, Director of the Department of Crop Production shall decide on re-appointment of the fertilizer testing unit or not.

Article 9. Testing

1. Before the testing, the fertilizer testing unit shall inform in writing the kinds of fertilizers, location, time and contents of testing to the Department of Agriculture and Rural Development in the locality where the testing is carried out.

2. Plants, kinds of fertilizers, scale, time and location of testing shall be subject to regulations of the issued Certificate of fertilizer testing registration.

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a) Subject to the Testing regulations stipulated in point d, clause 2 Article 8 of this Circular;

b) For contents of testing which have not been subject to any Testing regulations issued by the Minister of Agriculture and Rural Development, the fertilizer testing unit shall compile the Testing Draft, specifying the method of testing for the relevant content.

4. Criteria for monitoring and assessment in fertilizer testing are subject to the Testing Regulations specified in point d, Clause 2 Article 8 and as provided for in Annex 8 enclosed with this Circular.

Article 10. Change in testing contents

1. Within one (01) month as from the receipt of the Certificate of fertilizer testing registration, if one of the following contents defined including: fertilizer’s name, fertilizer’s elements, content of nutrition, place, kind of soil, type of plants of testing has a change, the organization, individual who has been granted the Certificate of fertilizer testing registration shall send a written proposal to the Department of Crop Production according to the form in Annex No. 9 enclosed with this Circular.

2. Within five (05) working days, the Department of Crop Production shall appraise the content of change and if it conforms to regulations, then the change shall be accepted in writing and send to:

a) Organization and individual of fertilizer testing registration;

b) Fertilizer testing unit;

c) The Department of Agriculture and Rural Development in the locality where the testing is carried out.

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4. If organizations, individuals granted the Certificates of fertilizer testing registration propose to transfer their right of fertilizer testing registration to another (01) organization or individual, such organizations, individuals shall submit directly or send via post one (01) set of dossier to the Department of Crop Production, including:

a) An application for change in fertilizer testing contents according to the form in Annex 9 enclosed with this Circular.

b) An original or a notarized copy of the Agreement on transfer of the right of fertilizer testing registration between legal representative of organization or individual granted the Certificate of fertilizer testing registration and the legal representative of the organization or individual newly-receiving testing registration.

c) An original or a notarized copy of the Contract between legal representative of organization or individual newly-receiving testing registration and the fertilizer testing unit, if the proposal for changing the fertilizer testing unit who is different from the fertilizer testing unit named in the Certificate of fertilizer testing registration is made.

d) Within five 05) working days, the Department of Crop Production shall appraise the dossier and if the dossier is valid, the written acceptance of such change in the Certificate of fertilizer testing registration will be sent to relevant organizations, individuals. In case the registration dossier is not valid, within 05 working days as from receipt of the dossier, Department of Crop Production shall inform such organizations, individuals of the contents which need to be supplemented for completion as regulated.

Article 11. Examination of fertilizer testing activities

1. Method of examination

a) Regular examination:

During the period of testing, the Department of Crop Production shall conduct regularly examination at minimum once (01) a year and at maximum twice (02) as to a (01) fertilizer testing unit. 15 days prior to such examination, the Department shall inform time and contents of examination in writing to the fertilizer testing unit subject to examination.

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In case there is any questionable issue about the fertilizer testing, the Department of Crop Production may organize irregular examination without any prior notice on contents of examination.

2. Examination order, content

a) Examination order:

- Set up examination delegation in fertilizer testing under decision of the Director of the Department of Crop Production. Members of the examination delegation include representatives of the Department of Crop Production, Department of Agriculture and Rural Development in the locality or representative of the competent authority of the commune or district where the testing is carried out;

- Organize examination of contents stipulated in point b Clause 2 of this Article, and create the examination minutes;

b) Examination content:

- Examine on site conditions of the fertilizer testing unit as stipulated in Clause 2 Article 8 of this Circular;

- Based on the issued Certificate of fertilizer testing registration, examine the following contents:

+ Location of testing

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+ Kinds of fertilizers to be tested

+ Varieties of plants to be tested

+ Testing process, arrangement of testing formulas

+ Records, material keeping track of testing

- Create an Examination minutes according to the form in Annex 10 enclosed with this Circular.

- In the end of a batch of examination, the head of examination delegation shall create a report on examination results to propose Department of Crop Production and the Department of Agriculture and Rural Development at the locality where the testing is carried out on measures to handle the violations, time limit and measures for remedy (if any) to be imposed on the fertilizer testing unit subject to examination.

c) Handling of violations and remedies after the examination

- Based on the report of the Examination Delegation and provisions of the Government’s Decree No.15/2010/ND-CP of March 1, 2010 on handling of administrative violations in the production and trading of fertilizers, Director of the Department of Crop Production shall decide on the handing of violations and request the remedy for violated contents, specifying time limit for such remedy;

- Violated contents after being remedied shall be reported in writing to the Department of Crop Production within the required period, if necessary, the Director of the Department of Crop Production shall appoint an examination delegation to re-assess the result of remedy of violated contents;

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Article 12. Appraisal of the testing result

1. Application dossier for appraisal and recognition of new fertilizers

After the end of testing, organizations, individuals who register fertilizer testing shall submit directly or via post a (01) set of application dossier for appraisal and recognition of new fertilizers to the Department of Crop Production, the dossier includes:

a) An application for appraisal and recognition of new fertilizers according to the form in Annex 11 enclosed with this Circular;

b) A report on the testing result complied according to the defined form of the Fertilizer Testing Regulation specified at point d, clause 2 Article 8, including criteria for monitoring and assessment stipulated in Annex 8 enclosed with this Circular, sealed and signed by the head of the fertilizer testing unit;

c) The written verification of the Department of Agriculture and Rural Development or the local commune or district-level authority on the testing process in the locality;

d) Explanation report and other documents evidencing the remedy of shortcomings and violations by the fertilizer testing unit according to the Examination Minutes on implementation of fertilizer testing and the decision on handling of violations (if any) by the competent authority.

2. Organizations appraising the testing result

a) No later than five (05) working days as from the date of receipt of the valid dossier as stipulated in Clause 1 of this Article, the Department of Crop Production shall set up a Appraisal Council on the testing result of new fertilizer;

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c) No later than three (03) working days as from the date of the end of Appraisal Council, Department of Crop Production shall inform the report concluded by the Appraisal Council to the unit of fertilizer testing registration on the contents which need to be amended in the testing result report for completion of the new fertilizer recognition application dossier.

Article 13. Recognition of new fertilizers

1. No later than twenty (20) working days, after receipt of the Appraisal Council’s Statement, organizations and individuals who register fertilizer testing shall complete the official report on the result of fertilizer testing and application dossiers for recognition of new fertilizers under current regulations to send them to the Department of Crop Production.

2. No later than five (05) working days as from the date of receipt of the completed official report and other valid dossiers as regulated, the Director of the Department of Crop Production shall issue a decision of recognition of new fertilizers.

Chapter III

NAMING AND RENAMING OF FERTILISERS

Article 14. Principles for naming new fertilizers

1. Each fertilizer, after being included in the List of fertilizers shall only bear one unique name conformable to provisions of the Government’s Decree No. 89/2006/ND-CP of August 30, 2006 on goods labeling; the Minister of Science and Technology’s Circular No. 09/2007/TT-BKHCN of April 06, 2007 guiding implementation of a number of Articles of the Government’s Decree No. 89/2006/ND-CP of August 30, 2006 on goods labeling and provisions of this Circular.

2. The following naming shall be not accepted:

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b) Breaching social ethics;

c) Being identical with or confusingly similar to names on the labels of other fertilizers currently under protection;

d) Causing misunderstanding of fertilizers’ nature and usage;

đ) Fertilizers produced for use in Vietnam, however fully named in foreign languages, except kinds of fertilizers produced in Vietnam for export or produced under contracts with foreign parties.

3. For fertilizers imported with names in foreign languages, if wishing to enclose it Vietnamese names, the Vietnamese name must be subject to Clause 1 and 2 of this Article.

Article 15. Order of registering new fertilizers’ names

1. Organizations, individuals shall register new fertilizers’ names along with the testing application dossiers (for fertilizers subject to testing) or along with registering dossiers for listing in the List of fertilizers;

2. The Department of Crop Production shall appraise new fertilizers’ names, in cases such names are not conformable to provisions of Clauses 1 and 2 Article 14 of this Circular, shall inform organizations, individuals of registration to change into another one for conformity;

3. The official name of the new fertilizer is the name to be written in the Decision of recognition of the fertilizer (for fertilizers subject to testing) or written in the List of fertilizers.

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1. In the course of production, trading and use, organizations, individuals are entitled to rename fertilizers.

2. Conditions for renaming fertilizers

a) Only applicable to kinds of fertilizers under testing or fertilizers listed in the List of fertilizers upon implementation of whole technology transfer or assignment contracts.

b) The fertilizer’s new name shall be subject to Article 14 of this Circular.

3. Procedure for renaming the fertilizer

Organizations, individuals having fertilizer registered for naming conformable to Clauses 1 and 2 of Article 14 of this Circular shall submit directly or via post one (01) set of dossier to the Department of Crop Production, the dossier includes:

a) An application for fertilizer renaming according to the form in Annex 12 enclosed with this Circular;

b) A written commitment stating thereby names of renamed fertilizers are not identical to fertilizers’ names in the List of fertilizers or names on the labels of other fertilizers currently under protection;

c) An original or notarized copy of the valid whole technology transfer or assignment contract between relevant parties;

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The time limit for appraisal and handling shall be within seven (07) working days as from the date of receipt of the valid dossier, of which:

- Time limit for receiving and checking the dossier shall be at maximum two (02) days;

- Time for appraisal and response shall be at maximum five (05) days.

Chapter IV

ASSIGNMENT OF RESPONSIBILITIES AND HANDLING OF VIOLATIONS

Article 17. Responsibilities of the Department of Crop Production

1. Appraise registration dossiers for testing, grant and revoke the Certificates of fertilizer testing registration.

2. Organize the appraisal and decide to appoint the fertilizer testing units; examine activities of the fertilizer testing units.

3. Organize the Council for appraisal of new fertilizer testing results.

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5. Appraise the registration dossier for fertilizer renaming to submit to the Minister of Agriculture and Rural Development for the renaming of fertilizers in the List of fertilizers.

6. Organize the examination and handling within its competence or propose handling of violations in testing, naming and renaming of fertilizers.

Article 18. Responsibilities of the Department of Science, Technology and Environment

1. Sum up plans for scientific research and application of technical advance in fertilizers and submit them to the Ministry.

2. Sum up plans for elaboration, amendment, supplement, replacement and cancellation of national standards in fertilizers and submit them to the Ministry of Science and Technology for appraisal and announcement.

3. Coordinate with the Department of Crop Production in organizing appraisal, recognizing new fertilizers or new technical measures in the field of fertilizer.

Article 19. Responsibilities of Departments of Agriculture and Rural Development

Coordinate with the Department of Crop Production in examining, handling violations from testing activities of new fertilizers in their localities.

Article 20. Responsibilities of commune and district People’s Committees

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Article 21. Responsibilities of the fertilizer testing units

1. Carry out fertilizer testing in accordance with Article 9 of this Circular, according to contents of the Certificates of fertilizer testing registration and signed contracts with organizations, individuals of fertilizer testing registration.

2. Report to the local Department of Agriculture and Rural Development, commune and district-level authorities in the locality of the testing on the time, location, and kinds of fertilizers and subjects of plant for testing.

3. In the end of testing, elaborate a report on fertilizer result, coordinate with organizations, individuals of fertilizer testing registration in completing the report and application dossier for recognition of fertilizers to submit to the Department of Crop Production within the time limit specified in Article 12 of this Circular.

Article 22. Responsibilities of organizations, individuals of fertilizer testing registration

1. Strictly implement provisions of this Circular and other concerned provisions of laws.

2. Strictly coordinate with the fertilizer testing unit in completing the report on testing result and the application dossier for recognition of new fertilizers according to regulations.

3. Pay registration fees for fertilizer testing, renaming (if any) as prescribed by law; pay fertilizer testing fees under contract with the fertilizer testing unit.

Article 23. Handling of violations

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2. Director of the Department of Crop Production shall decide on the measures to suspend the activity or annul the Decision of appointment as to the fertilizer testing unit who commit the breach.

Article 24. Implementation provisions

This Circular takes effect 45 days as from the date of signing, replace Decision No. 129/2008/QD-BNN of December 31, 2008 of the Minister of Agriculture and Rural Development on promulgating the Regulation on testing, recognition and naming of new fertilizers.

Article 25. Transitional provisions

For fertilizers that the Certificate of fertilizer testing registration have been issued or the application dossiers for renaming prior to the effective date of this Circular shall retain the right to be tested and considered for recognition under Decision 129/2008/QD-BNN of December 31, 2008 of the Minister of Agriculture and Rural Development on promulgating the Regulation on testing, recognition and naming of fertilizers./.

FOR MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER




Bui Ba Bong