Applications, procedures and competence pertaining to issuance of fertilizer import permits in Vietnam

Applications, procedures and competence pertaining to issuance of fertilizer import permits in Vietnam (Internet image)

Fertilizer import in Vietnam

Fertilizer means products that provide nutrients or improve soil to increase crop yield and quality - according to the provisions of Clause 20, Article 2 of the Law on Crop Production 2018.

According to Article 44 of the Law on Crop Production 2018, the import of fertilizers is as follows:

- Organizations and individuals that have fertilizers already obtaining the decision on recognition of fertilizer in circulation in Vietnam may import or authorize other organizations and individuals to import fertilizers in such decision without having to hold fertilizer import permits.

- In order to import fertilizers that have not yet been recognized for circulation in Vietnam, importing organizations and individuals shall be required to hold permits for import of the following types of fertilizer:

+ Fertilizers used for testing purposes;

+ Specialized fertilizers used for sport grounds and amusement parks;

+ Fertilizers used in foreign projects located in Vietnam;

+ Fertilizers used as gifts or sample products;

+ Fertilizers used in fairs and exhibitions;

+ Fertilizers for scientific researches;

+ Fertilizers used as raw materials for production of other fertilizers;

+ Fertilizers temporarily imported and re-exported or in transit of merchanting trade across Vietnamese bordergates; fertilizers sent to bonded warehouses; fertilizers imported into export processing zones.

Besides, according to Article 19 of Decree 84/2019/ND-CP stipulating the fertilizer import in Vietnam:

- Organizations and individuals shall import fertilizers according to regulations of Article 44 and Article 46 of the Law on Crop Production 2018.

- In case of import authorization as prescribed in Clause 1 Article 44 of the Law on Crop Production 2018, the authorized organization or individual must present the authorization letter from the organization or individual possessing the fertilizer granted the Recognition Decision to customs authorities and state inspection authorities.

- In addition to the documents required by goods import regulations, the organization or individual importing fertilizers must submit the following documents to customs authorities directly or via the national single-window system:

Result of state inspection of imported fertilizer’s quality for the cases specified in Clause 1 and Points b, c and g Clause 2 Article 44 of the Law on Crop Production 2018; or fertilizer import permit for the cases specified in Clause 2 Article 44 of the Law on Crop Production 2018.

Applications, procedures and competence pertaining to issuance of fertilizer import permits in Vietnam

Pursuant to Article 20 of Decree 84/2019/ND-CP stipulating applications, procedures and competence pertaining to issuance of fertilizer import permits in Vietnam as follows:

- An application for the fertilizer import permit includes:

+ A fertilizer import application, which is made using Form No. 13 of Appendix I enclosed with Decree 84/2019/ND-CP;

+ A technical declaration, which is made using Form No. 14 of Appendix I enclosed with Decree 84/2019/ND-CP;

+ Documents on quality indexes, guidelines on use, safety warnings and restricted elements of the fertilizer from the producer;

+ Certificate of free sale issued by the exporting country (for import of the fertilizers specified in Points a, b, c, d, dd, e and g Clause 2 Article 44 of the Law on Crop Production 2018);

+ Confirmation of or invitation to the fair or exhibition in Vietnam (for the case provided for in Point dd Clause 2 Article 44 of the Law on Crop Production 2018);

+ Research scheme for the fertilizer to be imported (for the case provided for in Point e Clause 2 Article 44 of the Law on Crop Production 2018);

+ Import contract, export contract or contract of export processing with foreign partners (for the cases provided for in Point h Clause 2 Article 44 of the Law on Crop Production 2018).

- Procedures for and competence in issuance of fertilizer import permits:

The organization or individual shall submit the application specified in Clause 1 Article 20 of Decree 84/2019/ND-CP to the competent authority.

Within 07 working days from the date of receipt of the complete and valid application, the competent authority shall issue the fertilizer import permit using Form No. 15 of Appendix I enclosed with Decree 84/2019/ND-CP; if the application is rejected, the competent authority must send a written explanation to the applicant.

Nguyen Pham Nhut Tan

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