What are the requirements for recognition of fertilizer testing organizations in Vietnam? What are the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organizations in Vietnam?
- What are the requirements for recognition of fertilizer testing organizations in Vietnam?
- What are the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organizations in Vietnam?
- In which case is the decision on recognition of fertilizer testing organizations revoked?
What are the requirements for recognition of fertilizer testing organizations in Vietnam?
Pursuant to the provisions of Article 40 of the 2018 Law on Crop Production in Vietnam stipulating as follows:
Requirements for recognition of fertilizer testing organizations
1. Fertilizer testing organization must conform to the following requirements:
a) Persons directly in charge of testing must hold a university or higher degree in one of the following specialties: crop production, plant protection, agro-chemical, pedology, soil science, agronomy, chemistry, biology and must have certificates of completion of training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development.
b) Having the adequate number of testing personnel, except persons directly in charge of testing, who must hold a university or higher degree in one of the specialties specified in point a of clause 1 of this Article and must complete training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development;
c) Having adequate facilities and equipment conforming to national standards regarding fertilizer testing.
2. The Government shall regulate the minimum number of testing personnel working for fertilizer testing organizations; application documents, processes and procedures for and authority over issuance and withdrawal of the decision on recognition of fertilizer testing organizations.
Thus, fertilizer testing organization must conform to the following requirements:
- Persons directly in charge of testing must hold a university or higher degree in one of the following specialties: crop production, plant protection, agro-chemical, pedology, soil science, agronomy, chemistry, biology and must have certificates of completion of training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development.
- Having the adequate number of testing personnel, except persons directly in charge of testing, who must hold a university or higher degree in one of the specialties and must complete training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development;
- Having adequate facilities and equipment conforming to national standards regarding fertilizer testing.
What are the requirements for recognition of fertilizer testing organizations in Vietnam? What are the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organizations in Vietnam?
What are the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organizations in Vietnam?
Pursuant to the provisions of Article 10 of Decree No. 84/2019/ND-CP stipulating the dossier, the procedures for decision on recognition of fertilizer testing organizations are as follows:
An application for Decision on recognition of fertilizer testing organization (“testing organization recognition decision”) consists of:
- An application for recognition of the fertilizer testing organization;
- A description of eligibility to conduct fertilizer tests.
Procedures for and competence in issuance of the testing organization recognition decision:
(1) The organization or individual shall submit the application to the competent authority.
(2) Within 20 working days from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, carry out an inspection of the fertilizer testing organization’s eligibility to conduct fertilizer tests.
(3) If the fertilizer testing organization passes the inspection, within 05 working days from the date on which the inspection is completed, the competent authority shall issue the testing organization recognition decision.
If remedial actions are required according to the inspection record, within 05 working days from the date of receipt of the requirement for remedy, if the fertilizer testing organization satisfies the requirements as regulated, the competent authority shall issue the testing organization recognition decision;
Otherwise, the competent authority must send a written explanation to the applicant.
In which case is the decision on recognition of fertilizer testing organizations revoked?
Pursuant to the provisions of Article 11 of Decree No. 84/2019/ND-CP stipulating as follows:
Revocation of testing organization recognition decision
1. The testing organization recognition decision will be revoked in any of the following cases:
a) Data forgery or provision of fictitious data in a fertilizer testing report;
b) Erasure or modification to falsify the contents of an issued decision;
c) Lack of remedial actions upon conclusion from the competent authority that the testing organization fails to satisfy the requirements specified in Clause 1 Article 40 of the Crop Production Law.
2. Within 10 working days from the date of receipt of information on any of the violations prescribed in Clause 1 herein, the competent authority issuing the testing organization recognition decision shall review such information and issue decision on revocation of the testing organization recognition decision if the fertilizer testing organization did violate one of the regulations in Clause 1 herein; and announce such decision on the website of the competent authority.
3. A fertilizer testing organization whose testing organization recognition decision has been revoked may apply for such decision again 24 months after the date on which the competent authority issued the revocation decision.
Thus, the decision on recognition of fertilizer testing organizations shall be revoked in the following cases:
- Data forgery or provision of fictitious data in a fertilizer testing report;
- Erasure or modification to falsify the contents of an issued decision;
- Lack of remedial actions upon conclusion from the competent authority that the testing organization fails to satisfy the following requirements:
- Persons directly in charge of testing must hold a university or higher degree in one of the following specialties: crop production, plant protection, agro-chemical, pedology, soil science, agronomy, chemistry, biology and must have certificates of completion of training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development.
- Having the adequate number of testing personnel, except persons directly in charge of testing, who must hold a university or higher degree in one of the specialties and must complete training in fertilizer testing under the instructions given by the Ministry of Agriculture and Rural Development;
- Having adequate facilities and equipment conforming to national standards regarding fertilizer testing.
LawNet