Conditions for issuance of the certificates of conformance to fertilizer trading regulations in Vietnam

Conditions for issuance of the certificates of conformance to fertilizer trading regulations in Vietnam (Internet image)

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

1. Subjects to be granted the certificates of conformance to fertilizer trading regulations in Vietnam

According to Clause 1, Article 42 of the Law on Cultivation 2018, Organizations and individuals trading fertilizers must hold certificates of conformance to fertilizer trading regulations; in case of trading fertilizers manufactured by themselves, they shall not be required to obtain certificates of conformance to fertilizer trading regulations.

2. Conditions for issuance of the certificates of conformance to fertilizer trading regulations in Vietnam

Specifically, Clause 2, Article 42 of the Law on Cultivation 2018 stipulates the requirements for issuance of certificates of conformance to fertilizer trading regulations shall include the followings:

(i) They must have legitimate and express business addressed;

(ii) They must have all required documents and materials on tracing of the fertilizer origin in accordance with regulations in force;

(iii) Persons directly selling fertilizers must hold certificates of professional training in fertilizers according to the instructions of the Ministry of Agriculture and Rural Development, except in cases where they have obtained secondary education or higher degrees in one of the following specialties: crop production, plant protection, agro-chemical soil, agronomy, chemistry and biology.

3. Application for certificate of eligibility for fertilizer trade in Vietnam

Application for certificate of eligibility for fertilizer trade shall comply with the provisions of Article 15 of Decree 84/2019/ND-CP, including:

- An application for certificate of eligibility for fertilizer trade, specified in Appendix I enclosed with Decree 130/2022/ND-CP.

Application for certificate of eligibility for fertilizer trade

- Information about the certification of having been trained and fostered professionally in fertilizers is shown in the Application for the Certificate of eligibility to trade in fertilizers or a copy of the diploma or higher of the person directly trading in fertilizers as prescribed in (iii) of Section 2

4. Procedures for issuance of the certificate of eligibility for fertilizer trade in Vietnam

Procedures for issuance of the certificate of eligibility for fertilizer trade are as follows:

Step 1: The organization or individual shall submit the application to the competent authority

Organizations and individuals send their dossiers to the Sub-Department of Cultivation and Plant Protection or the agency specialized in plant protection and quarantine assigned by the Department of Agriculture and Rural Development to carry out administrative procedures (the application receipt).

Step 2: Informing of adequacy of the dossier

- If the dossier is submitted in person: The handling entity shall review the dossier’s composition and inform immediately after the organization or individual has submitted the dossier.

- If the dossier is submitted by post or online: Within 02 working days, the handling entity shall review the dossier’s composition and, if the dossier is not yet adequate as regulated, the handling entity shall inform the organization or individual for supplementation.

Step 3: Appraisal and issue the Certificate of eligibility to trade in fertilizers

Within 10 working days from the date of receipt of the adequate application, the competent authority shall review its contents and, if it is satisfactory, carry out an inspection of the applicant’s eligibility to trade fertilizers, and make a record of the inspection using Form No. 12 of Appendix I enclosed with Decree 84/2019/ND-CP.

Record of the inspection

In case the applicant is unqualified, it must take remedial actions and inform the competent authority of such actions in writing for inspection of the remedied contents.

If the applicant passes such inspection, within 03 working days from the date the inspection is completed, the competent authority shall issue the certificate of eligibility for fertilizer trade using Form No. 11 of Appendix I enclosed with Decree 84/2019/ND-CP; 

Certificate of eligibility for fertilizer trade

Otherwise, a written explanation must be sent to the applicant.

*Submission method: Directly or via postal service or through the network environment.

(Point b, Clause 1, Article 17 of Decree 84/2019/ND-CP)

Nguyen Thi Hoai Thuong

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE