23:38 | 15/06/2024

Vietnam: Which degrees must persons directly managing manufacturing of fertilizers hold?

Which degrees must persons directly managing manufacturing of fertilizers hold? Does an application for certificate of eligibility for fertilizer production include a photocopy of the bachelor degree of the person directly managing production of fertilizers in Vietnam?

Vietnam: Which degrees must persons directly managing manufacturing of fertilizers hold?

Pursuant to point e, clause 1, Article 41 of the Law on Crop Production 2018:

Fertilizer production requirements
1. Organizations or individuals producing fertilizers must hold certificates of conformance to fertilizer production regulations.
2. Requirements for issuance of certificates of conformance to fertilizer production regulations shall include the followings:
a) They must have production locations and workshops commensurate with the fertilizer production scale;
b) They must have production lines, machinery and equipment appropriate for the process of production of each type or form of fertilizer;
c) They must have laboratories or enter into contracts with other designated testing organizations to assess quality indicators of their fertilizers.
d) They must establish an appropriate quality management system compatible with quality management standards issued by the international standardization organization;
dd) They must set up spacious areas intended for separate storage of raw materials and finished products;
e) Persons directly managing manufacturing of fertilizers must hold university or higher degrees in one of the following specialties such as crop farming, plant protection, agro-chemistry, pedology, agronomy, chemistry and biology.
3. Each certificate of conformance to fertilizer production regulations shall be valid for 05 years and may be re-issued.
4. The Government shall specifically regulate application and documentation requirements, processes, procedures for and authority over issuance, re-issuance and revocation of the certificate of conformance to fertilizer production regulations.

Thus, persons directly managing manufacturing of fertilizers must hold university or higher degrees in one of the following specialties such as crop farming, plant protection, agro-chemistry, pedology, agronomy, chemistry and biology

Vietnam: Which degrees must persons directly managing manufacturing of fertilizers hold? (Image from the Internet)

Does an application for certificate of eligibility for fertilizer production include a photocopy of the bachelor degree of the person directly managing production of fertilizers in Vietnam?

Pursuant to Clause 3, Article 14 of Decree 84/2019/ND-CP amended by Clause 2, Article 1 of Decree 130/2022/ND-CP:

Application for certificate of eligibility for fertilizer production
1. An application for certificate of eligibility for fertilizer production, which is made using Form No. 07 of Appendix I enclosed with this Decree.
2. A description of eligibility to produce fertilizers, which is made using Form No. 09 of Appendix I enclosed with this Decree.
3. A photocopy of the bachelor degree or higher of the person directly managing production of fertilizers as prescribed in Point e Clause 2 Article 41 of the Crop Production Law.

Thus, an application for certificate of eligibility for fertilizer production includes:

- An application for certificate of eligibility for fertilizer production, which is made using Form No. 07 of Appendix I enclosed with Decree 84/2019/ND-CP.

- A description of eligibility to produce fertilizers, which is made using Form No. 09 of Appendix I enclosed with Decree 84/2019/ND-CP.

- A photocopy of the bachelor degree or higher of the person directly managing production of fertilizers as prescribed in Point e Clause 2 Article 41 of the Law on Crop Production 2018.

Thus, an application for certificate of eligibility for fertilizer production includes a photocopy of the bachelor degree of the person directly managing production of fertilizers

What are the rights and obligations of fertilizer production organizations and individuals in Vietnam?

Pursuant to Article 50 of the Law on Crop Production 2018, rights and obligations of fertilizer production organizations and individuals are as follows:

- Fertilizer production organizations and individuals shall have the following rights:

+ Manufacture fertilizers recognized for circulation in Vietnam;

+ Manufacture fertilizers for export under contracts with other foreign organizations and individuals;

+ Advertise fertilizers in accordance with Article 49 of the Law on Crop Production 2018;

+ Obtain permission to sell fertilizers produced at their expense.

- Fertilizer production organizations and individuals shall have the following obligations:

+ Maintain strict conformance to fertilizer production regulations as provided in Article 41 of the Law on Crop Production 2018 during the period of production of fertilizers;

+ Manufacture fertilizers according to national technical regulations and standards declared to be in force;

+ Comply with contents of the certificate of conformance to fertilizer production regulations;

+ Conduct tests on each fertilizer batch before selling it on the market. Retain test results during the shelf life of each fertilizer batch and preserve retention samples for the period of 06 months from the sampling date;

+ Recall and handle fertilizers failing to meet quality standards and compensate for any loss in accordance with laws;

+ Submit to the inspection and audit conducted by competent authorities;

+ Organize training in and provide instructions for use of fertilizers; provide professional training for workers directly manufacturing fertilizers;

+ On an annual basis, send a review report on production, export and import of fertilizers to the relevant competent authority or make irregular reports upon request;

+ Comply with legislative regulations on fire prevention and fighting, chemicals, labor, environment and other relevant laws.

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