General principles of issuance of the permit for pesticide testing in Vietnam

General principles of issuance of the permit for pesticide testing in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Requirements for pesticide testing organizations in Vietnam

According to Clause 1, Article 59 of the Law on Plant Protection and Quarantine 2013, every pesticide testing organization must fulfill the following requirements:

- The organization’s head must achieve a bachelor degree in plant protection, cultivation, biology or chemistry or higher and a certificate of completion of the training on pesticide testing.

- Employees obtain suitable qualifications and experience the training courses on the pesticide testing;

- The facilities are sufficient for the pesticide testing;

- It does not or is authorized to register pesticides in Vietnam.

2.  General principles of issuance of the permit for pesticide testing in Vietnam

The general principles of issuance of the permit for pesticide testing specified in Article 9 of Circular 21/2015/TT-BNNPTNT, specifically as follows:

- In order to be registered into the List, pesticide products must be accredited by the permit for pesticide testing granted by the Plant Protection Department (hereinafter referred to as the testing permit) under the provisions of Article 10, 11 of Circular 21/2015/TT-BNNPTNT, and testing must be conducted under the provisions of Chapter III of Circular 21/2015/TT-BNNPTNT.

- The testing permit shall be granted to biological pesticide products under the following circumstances:

= Biological pesticide products only require large-scale biological efficacy testing, and are not subject to the testing for determination of quarantine period, except for the case governed under the provisions of Point b of Clause 2 of Article 9 of Circular 21/2015/TT-BNNPTNT;

= Biological pesticide products containing active ingredients such as pyrethrins, rotenones and avermectins, and requiring the official or supplemental registration in which commercial names are added, must undergo both small-scale and large-scale biological efficacy testing.

If these pesticide products are accredited by the initial registration to be used on fruit trees, tea plants, vegetables and store post-harvest agricultural produce, they are required to undergo the testing for determination of quarantine period conducted in Vietnam.

- The testing permit shall be granted to chemical pesticide products under the following circumstances:

= Chemical pesticide products requiring the official or supplemental registration in which commercial names are added shall be subject to both large-scale and small-scale biological efficacy testing;

= Chemical pesticide products requiring the supplemental registration in which their scope of application is added, and application dosage, method and formulation type is changed, and content of active ingredients is changed, shall be subject to the large-scale biological efficacy testing;

= Chemical pesticide products requiring the initial registration to be used on fruit trees, tea plants and vegetables, and store post-harvest agricultural produce, shall be subject to the testing for determination of quarantine period conducted in Vietnam

(except for herbicides applied on fruit perennials, insect attractants, pre-planting treatments, young tree disease controls, seed treatments and cuttings and cuttings treatments).

- Contents of the testing permit must be written in Vietnamese and include the specific scientific name of harmful organism.

3. Dossier for issuance of the permit for pesticide testing in Vietnam

Documentation submitted shall include:

- Application form for issuance of the testing permit by adopting the form given in the Appendix I enclosed with Circular 21/2015/TT-BNNPTNT;

- Documents confirming that applicants are eligible for registration of their pesticide products in Vietnam:

The original or authenticated duplicate of the document confirming that the applicant is the manufacturer of the pesticide product specified in the application for the testing permit and granted by the competent authority in the applicant’s home country (applicable to the foreign manufacturer).

The authenticated duplicate or duplicate copy (the original carried along for verification purpose) of the permit for establishment of the company, branch of the company or the representative office in Vietnam (relevant to the foreign manufacturer applying for the initial registration).

The original power of attorney in which the manufacturer authorizes other organization or individual to apply for registration (in case of delegation of authority to bear their name on the registration).

The power of attorney held by the foreign manufacturer must be legalized by the consulate in accordance with Vietnam's laws, except when the exemption from legalization is governed under the International Agreements to which Vietnam is a signatory.

The duplicate copy of the certificate of competence in pesticide business (applicable to domestic organizations or individuals authorized to bear their names on the initial registration);

- Technical documents on pesticide products in accordance with regulations laid down in the Appendix III enclosed with Circular 21/2015/TT-BNNPTNT.

(Clause 2, Article 10 of Circular 21/2015/TT-BNNPTNT)

Thanh Rin

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