May the name of a fertilizer be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam?

Main Content

• May the name of a fertilizer be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam?
• May individuals trading in fertilizers in Vietnam advertise fertilizers on the media?
• Shall individuals trading in fertilizers in Vietnam prepare an application for confirmation of fertilizer advertisement contents before releasing the advertisement?

May the name of a fertilizer be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam?

Pursuant to Article 47 of the Law on Crop Production 2018:

Fertilizer names

1. In order to be registered, the name of a fertilizer shall not be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam.

2. The name of a fertilizer shall not give misleading information about the nature, effects, ingredients and type of that fertilizer.

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In order to be registered, the name of a fertilizer shall not be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam.

Thus, the name of a fertilizer shall not be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam.

Note: Pursuant to Clause 4 Article 47 of the Law on Crop Production 2018:

With regard to a mixed fertilizer, in case where the name of an ingredient is used as the name or part of the name of that fertilizer, it must be structured in the following order: the name of the fertilizer type, ingredient, particular notation, indicators showing quantity of each ingredients contained in the name and other special symbols (if any).

Ingredients and indicators showing quantities of specific ingredients must be arranged in the following order: the names of macronutrient elements such as nitrogen (N), phosphorus (P) and potassium (K), secondary nutrient elements, micronutrient elements, organic substances and other supplements (if any).

May the name of a fertilizer be identical with that of the fertilizer obtaining the decision on recognition of fertilizer in circulation in Vietnam? (Image from the Internet)

May individuals trading in fertilizers in Vietnam advertise fertilizers on the media?

Pursuant to Article 49 of the Law on Crop Production 2018:

Fertilizer advertising

1. Organizations and individuals advertising fertilizers shall comply with laws on advertising.

2. The Government shall regulate application requirements, procedures, processes for and authority over endorsement of fertilizer advertising contents.

Pursuant to Article 11 of Decree 181/2013/ND-CP:

Advertisements for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties and animal breeds

1. Contents of advertisements for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties and animal breeds must be conformable with the product quality certificate or announcement of product quality.

2. An advertisement for fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties or animal breeds must contain:

a) Names of fertilizers and bioproducts for farming, animal feeds, bioproducts for breeding, plant varieties or animal breeds;

b) Origins of ingredients;

c) Name and address of the entity in charge of launching the product.

Thus, individuals trading in fertilizers can advertise fertilizers on the media.

An advertisement for fertilizers must contain:

- Names of fertilizers;

- Origins of ingredients;

- Name and address of the entity in charge of launching the product.

Shall individuals trading in fertilizers in Vietnam prepare an application for confirmation of fertilizer advertisement contents before releasing the advertisement?

Pursuant to Article 24 of Decree 84/2019/ND-CP:

Applications, procedures and competence regarding confirmation of fertilizer advertisement contents

1. An application for confirmation of fertilizer advertisement contents consists of:

a) An application for confirmation of fertilizer advertisement contents, which is made using Form No. 20 of Appendix I enclosed with this Decree;

b) A valid copy of the Recognition Decision;

c) 02 advertisement scripts and recording/video files or designs suitable to the type and form of advertising (excluding advertising via seminars, conferences and events);

d) For advertising via seminars, conferences and events: agenda (with detailed contents); time; venue; contents of the speech and handouts; name, position and qualification of the speaker.

2. Procedures and competence regarding confirmation of fertilizer advertisement contents:

The organization or individual shall submit the application specified in Clause 1 herein to a Department of Agriculture and Rural Development;

Within 05 working days from the date of receipt of the adequate application, the Department of Agriculture and Rural Development shall review the application and, if the application is satisfactory, issue a written confirmation of the advertisement contents using Form No. 21 of Appendix I enclosed with this Decree; otherwise, a written explanation must be sent to the applicant.

The written confirmation is valid nationwide.

3. For advertising via seminars, conferences and events, the organization or individual possessing a fertilizer granted the written confirmation of its advertisement contents must send a notice of the advertising form, time and location and a copy of the confirmation to the Department of Agriculture and Rural Development of the province where the advertisement takes place for any necessary inspection.

Thus, individuals trading in fertilizers in Vietnam must prepare an application for confirmation of fertilizer advertisement contents before releasing the advertisement.

An application for confirmation of fertilizer advertisement contents consists of:

- An application for confirmation of fertilizer advertisement contents;

- A valid copy of the Recognition Decision;

- 02 advertisement scripts and recording/video files or designs suitable to the type and form of advertising;

Note: For advertising via seminars, conferences and events: agenda (with detailed contents); time; venue; contents of the speech and handouts; name, position and qualification of the speaker.