Applications, procedures pertaining to issuance of Decision on recognition of fertilizer for trade in Vietnam

Applications, procedures pertaining to issuance of Decision on recognition of fertilizer for trade in Vietnam (Internet image)

Requirements concerning recognition of fertilizers in circulation and classification of fertilizers 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 Clause 2, Article 9 of the Law on Crop Production 2018, producing, trading and importing fertilizers which have not yet obtained circulation recognition decisions in Vietnam, except for the import of fertilizers specified in clause 2 of Article 44 of the Law on Crop Production 2018, and the production of fertilizers for export under contracts with foreign organizations and individuals.

Pursuant to Article 36 of the of the Law on Crop Production 2018, the requirements concerning recognition of fertilizers in circulation and classification of fertilizers are as follows:

- Fertilizers are conditional commodities and must obtain the decision on recognition of fertilizers in circulation in Vietnam, except for organic fertilizers manufactured for non-commercial uses or imported fertilizers prescribed in clause 2 of Article 44 hereof; fertilizers manufactured for export under contracts with foreign organizations and individuals.

- The validity period of the decision on recognition of fertilizers in circulation in Vietnam shall be 05 years and may be extended.

- Domestic organizations and individuals, or overseas organizations and individuals setting up their representative offices, or branches of companies operating in the fertilizer industry, within the territory of Vietnam, may register recognition of fertilizers in their own names.

- Each organization or individual may apply for registration of recognition of only one fertilizer name for each ingredient formula and nutritional contents.

- The Government shall regulate classification of fertilizers.

Pursuant to Article 3 of Decree 84/2019/ND-CP stipulating the fertilizer classification:

- Chemical fertilizers (also known as inorganic fertilizers) include different types of fertilizers which are produced mainly from inorganic substances or synthetic organic substances that have been treated through chemical processes or mineral processing. They are further classified according to the compositions, contents or functions of main quality indexes or chemical bonds of nutrients as specified in national technical regulations.

-. Organic fertilizers include different types of fertilizers which are produced mainly from natural organic substances (excluding synthetic organic substances) that have been treated through physical processes (such as drying, grinding, sieving, mixing, moisturizing) or biological processes (such as aging, fermentation, extraction). They are further classified according to the compositions and functions of main quality indexes or production processes as specified in national technical regulations.

- Biological fertilizers include different types of fertilizers produced through biological processes or natural fertilizers that contain one biological substance or more such as humic acids, fulvic acids, amino acids, vitamins or other biological substances. They are further classified according to the compositions or functions of main quality indexes as specified in national technical regulations.

- Fertilizers for root are fertilizers of the groups defined in Clause 1, Clause 2 and Clause 3 of Article 3 of Decree 84/2019/ND-CP that are used for provision of nutrients to plants through their roots or soil improvement.

- Foliar fertilizers are fertilizers of the groups defined in Clause 1, Clause 2 and Clause 3 of Article 3 of Decree 84/2019/ND-CP that are used to provide nutrients for plants through their stems and leaves.

Applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer for trade in Vietnam

According to Article 5 of Decree 84/2019/ND-CP, applications, procedures and competence pertaining to issuance of Decision on recognition of fertilizer for trade in Vietnam are as follows:

- An application for the Recognition Decision consists of:

+ An application for the Recognition Decision, which is made using Form No. 01 of Appendix I enclosed with Decree 84/2019/ND-CP;

+ Basic information on the fertilizer certified by the producer, including type; name; form; guidelines on use; methods of use; service life; safety warnings; quality indexes, restricted elements and testing result;

+ The authentic copy of the report on result of fertilizer testing according to national standards for fertilizer testing (excluding the fertilizers provided for in Clause 2 Article 39 of the Law on Crop Production 2018);

+ Certificate of free sale issued by the exporting country (for the fertilizers specified in Points a, b and c Clause 2 Article 39 of the Law on Crop Production 2018 that are imported).

- Procedures for and competence in issuance of the Recognition Decision:

The organization or individual shall submit the application specified in Clause 1 Article 5 of Decree 84/2019/ND-CP to a competent affiliate of the Ministry of Agriculture and Rural Development (“competent authority”).

Within 03 months from the date of receipt of the adequate application, the competent authority shall review the application and, if the application is satisfactory, grant the Recognition Decision using Form No. 03 of Appendix I enclosed with Decree 84/2019/ND-CP; otherwise, the competent authority must send a written explanation to the applicant.

- The Recognition Decision is valid for 05 years. An organization or individual that would like to extend the Recognition Decision must apply for extension according to the procedures specified in Article 7 of Decree 84/2019/ND-CP 03 months before such Decision expires.

Nguyen Pham Nhut Tan

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