Can the decision on recognition of fertilizers in circulation in Vietnam be extended? What are the requirements for extending the decision on recognition of fertilizers in circulation in Vietnam?
- Can the decision on recognition of fertilizers in circulation in Vietnam be extended?
- What are the requirements for extending the decision on recognition of fertilizers in circulation in Vietnam?
- What are the applications and procedures for extension of decision on recognition of fertilizers in circulation in Vietnam?
- In which case is the decision on recognition of fertilizers in circulation in Vietnam revoked?
Can the decision on recognition of fertilizers in circulation in Vietnam be extended?
Pursuant to the provisions of Article 36 of the 2018 Law on Crop Production in Vietnam stipulating as follows:
Requirements concerning recognition of fertilizers in circulation and classification of fertilizers
1. Fertilizers are conditional commodities and must obtain the decision on recognition of fertilizers in circulation in Vietnam, except for organic fertilizers manufactured for non-commercial uses or imported fertilizers prescribed in clause 2 of Article 44 hereof; fertilizers manufactured for export under contracts with foreign organizations and individuals.
2. The validity period of the decision on recognition of fertilizers in circulation in Vietnam shall be 05 years and may be extended.
3. Domestic organizations and individuals, or overseas organizations and individuals setting up their representative offices, or branches of companies operating in the fertilizer industry, within the territory of Vietnam, may register recognition of fertilizers in their own names.
4. Each organization or individual may apply for registration of recognition of only one fertilizer name for each ingredient formula and nutritional contents.
5. The Government shall regulate classification of fertilizers.
According to the above regulations, the decision on recognition of fertilizers in circulation in Vietnam can be extended.
Can the decision on recognition of fertilizers in circulation in Vietnam be extended? What are the requirements for extending the decision on recognition of fertilizers in circulation in Vietnam?
What are the requirements for extending the decision on recognition of fertilizers in circulation in Vietnam?
Pursuant to the provisions of Article 37 of the 2018 Law on Crop Production in Vietnam stipulating as follows:
Issuance, reissuance and renewal of the decision on recognition of fertilizers in circulation in Vietnam
1. Requirements for issuance of the decision on recognition of fertilizers in circulation in Vietnam shall be specified as follows:
a) Meet quality indicators according to national technical standards regarding fertilizer quality;
b) Gain testing results conforming to national standards, except the fertilizers referred to in clause 2 of Article 39 herein.
2. The decision on recognition of fertilizer in circulation in Vietnam may be re-issued in the following cases:
a) Information relating to organizations or individuals mentioned in the decision on recognition of fertilizer in circulation has been changed or supplemented;
b) The decision on recognition of fertilizer in circulation has been lost or damaged;
c) The fertilizer name has changed according to the decision of the competent State regulatory authority or the court’s judgment or decision in case of violation of the law on intellectual property.
3. The decision on recognition of fertilizer in circulation in Vietnam may be extended if the following requirements are met:
a) An organization or individual makes its/his/her request for such extension;
b) Quality indicators defined according to national technical standards regarding fertilizer quality have all been met;
c) The review report on manufacturing, export, import and utilization of fertilizers has been made in accordance with regulations in force.
4. The Government shall regulate application documents, processes, procedures for, authority over issuance, re-issuance and renewal of the decision on recognition of fertilizer in circulation in Vietnam.
According to the above regulations, the decision on recognition of fertilizer in circulation in Vietnam may be extended if the following requirements are met:
- An organization or individual makes its/his/her request for such extension;
- Quality indicators defined according to national technical standards regarding fertilizer quality have all been met;
- The review report on manufacturing, export, import and utilization of fertilizers has been made in accordance with regulations in force.
What are the applications and procedures for extension of decision on recognition of fertilizers in circulation in Vietnam?
Pursuant to the provisions of Article 7 of Decree No. 84/2019/ND-CP stipulating the applications and procedures for extension of decision on recognition of fertilizers in circulation in Vietnam as follows:
An application for extension of the Recognition Decision includes:
- An application for extension of the Recognition Decision, which is made using Form No. 01 of Appendix I enclosed with this Decree;
- Notice of receipt of application for registration of the declaration of conformity or announcement of result of state inspection of imported fertilizer’s quality;
- Report on fertilizer production, export, import and use, which is made using Form No. 02 of Appendix I enclosed with this Decree.
Procedures for extension of the Recognition Decision:
The organization or individual shall submit the application specified in Clause 1 herein to the competent authority.
Within 07 working days from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, extend the Recognition Decision using Form No. 03 of Appendix I enclosed with this Decree; otherwise, the competent authority must send a written explanation to the applicant.
In which case is the decision on recognition of fertilizers in circulation in Vietnam revoked?
Pursuant to the provisions of Clause 1, Article 38 of the 2018 Law on Crop Production in Vietnam stipulating the cases of revocation of the decision on recognition of fertilizers in circulation in Vietnam as follows:
(1) Have scientific evidences on high-risk fertilizers, which are likely to cause adverse impacts on human health and the environment;
(2) Detect the use of fake documents or provision of information in fertilizer-related documents incorrect with those of the fertilizers already recognized for circulation.
At the same time, based on Clause 2, Article 38 of the 2018 Law on Crop Production in Vietnam, the revocation of the decision on recognition of fertilizer in circulation in Vietnam shall be subject to the following regulations:
- For the case specified at (1), the specialized fertilizer management agency shall synthesize information in order to assess and consider annulment of the decision on recognition of fertilizer in circulation in Vietnam.
Organizations and individuals may produce and/or import registered fertilizers for the maximum period of 06 months; may be traded and/or used up to 12 months from the effective date of the decision on annulment of the decision on recognition of fertilizer in circulation in Vietnam;
- For the case specified at (2), the specialized fertilizer management agency shall carry out inspection and review of documents and materials on recognition of fertilizers in order to consider annulment of the decision on recognition of fertilizer in circulation in Vietnam.
Affected organizations and individuals shall be required to promptly terminate the production, import, trading and utilization of fertilizers from the effective date of the decision on annulment of the decision on recognition of fertilizer in circulation in Vietnam.
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