Which requirements must be met in fertilizer testing in Vietnam? Which fertilizers must be tested before being recognized for circulation?
- Which fertilizers must be tested being recognized for circulation?
- Which requirements must be met in 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 organization in Vietnam?
Which fertilizers must be tested being recognized for circulation?
Pursuant to the provisions of Clause 1, Article 39 of the 2018 Law on Crop Production in Vietnam and Clause 2, Article 39 of the 2018 Law on Crop Production in Vietnam, fertilizers must be tested include:
- Fertilizers must be subject to testing before being recognized for circulation, except for the fertilizers stipulated in clause 2 of this Article.
- Fertilizers shall not be subject to testing, including:
+ Organic fertilizers used for fertilizing roots that are formulated by natural organic ingredients and meet quality indicators defined in national technical regulations;
+ Single fertilizers used for fertilizing roots that are formulated only by nitrogen (N) or phosphorus (P) or potassium (K) and meet quality indicators defined in national technical regulations;
+ Inorganic compound fertilizers used for fertilizing roots that are formulated only by such nutrient elements as nitrogen (N), phosphorus (P) and potassium (K) joining together by chemical bonds, and meet quality indicators defined in national technical regulations;
+ Fertilizers recognized by competent regulatory authorities as technical advances.
Which requirements must be met in fertilizer testing in Vietnam? Which fertilizers must be tested before being recognized for circulation?
Which requirements must be met in fertilizer testing?
Pursuant to the provisions of Article 39 of the 2018 Law on Crop Production in Vietnam stipulating as follows:
Fertilizer testing requirements
1. Fertilizers must be subject to testing before being recognized for circulation, except for the fertilizers stipulated in clause 2 of this Article.
2. Fertilizers shall not be subject to testing, including:
a) Organic fertilizers used for fertilizing roots that are formulated by natural organic ingredients and meet quality indicators defined in national technical regulations;
b) Single fertilizers used for fertilizing roots that are formulated only by nitrogen (N) or phosphorus (P) or potassium (K) and meet quality indicators defined in national technical regulations;
c) Inorganic compound fertilizers used for fertilizing roots that are formulated only by such nutrient elements as nitrogen (N), phosphorus (P) and potassium (K) joining together by chemical bonds, and meet quality indicators defined in national technical regulations;
d) Fertilizers recognized by competent regulatory authorities as technical advances.
3. Fertilizers may be subject to both wide and narrow testing; the wide testing may be conducted only after completion of the narrow testing.
4. Fertilizer testing carried out according to national standards shall be conducted by accredited testing organizations.
5. Amount of fertilizer allowed to be produced or imported for testing shall be determined based on the dosage of administration for each plant and the actual testing area according to national standards regarding fertilizer testing.
Thus, the fertilizer testing requirements are as follows:
- Fertilizers must be subject to testing before being recognized for circulation
- Fertilizers may be subject to both wide and narrow testing; the wide testing may be conducted only after completion of the narrow testing.
- Fertilizer testing carried out according to national standards shall be conducted by accredited testing organizations.
- Amount of fertilizer allowed to be produced or imported for testing shall be determined based on the dosage of administration for each plant and the actual testing area according to national standards regarding fertilizer testing.
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, the requirements for recognition of fertilizer testing organizations in Vietnam are as follows:
(1) 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.
(2) 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;
(3) Having adequate facilities and equipment conforming to national standards regarding fertilizer testing.
What are the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organization in Vietnam?
Pursuant to the provisions of Article 10 of Decree No. 84/2019/ND-CP specified in the dossier, the applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer testing organization in Vietnam are as follows:
An application for Decision on recognition of fertilizer testing organization consists of:
- An application for recognition of the fertilizer testing organization, which is made using Form No. 04 of Appendix I enclosed with this Decree;
- A description of eligibility to conduct fertilizer tests, which is made using Form No. 05 of Appendix I enclosed with this Decree.
Procedures for and competence in issuance of the testing organization recognition decision:
- The organization or individual shall submit the application to the competent authority.
- 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.
- 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.
LawNet