Legal basis

• Law on Cultivation
• Decree 84/2019/ND-CP dated 14/11/2019 of the Government regulating fertilizer management
• Circular No. 14/2018/TT-BTC dated February 7, 2018, of the Ministry of Finance amending and supplementing some articles of Circular No. 207/2016/TT-BTC dated November 9, 2016, of the Minister Financial regulations on collection rates, regimes of collection, payment, management and use of fees and charges in the field of cultivation and forestry tree varieties

Conditions

Conditions for granting the Certificate of eligibility for fertilizer production include:

a) Having a production location and workshop area suitable to the production scale: The production area has walls and fences separating it from the outside; have a solid structure factory; Walls, ceilings, partitions, and doors must ensure quality control requirements.

b) Having lines, machinery, and equipment suitable to the production process of each type and type of fertilizer: The fertilizer production line, machinery, and equipment must be suitable to the production process of each type of fertilizer, fertilizers specified in Appendix II issued together with Decree No. 84/2019/ND-CP.

c) Having a testing laboratory or having a contract with a designated testing organization to evaluate the quality criteria of the fertilizers they produce: Having a laboratory accredited following ISO 17025 or having a contract with a designated testing organization following the law on product and goods quality, except for establishments engaged in only fertilizer packaging.

d) Having an appropriate and updated quality management system with the standards issued by the international standardization organization on quality management: Having an accredited quality management system following ISO 9001 or equivalently, for newly established establishments, 01 year at the latest from the date of issuance of the Certificate of eligibility for fertilizer production.

d) There is a separate area for storing raw materials and for finished products;

e) The person directly managing the production must have a university degree or higher in one of the majors in cultivation, plant protection, agro-chemistry, soil science, soil science, agronomy, chemistry, and biology.

The procedures

Step 1: Organizations and individuals send 01 dossier to the Plant Protection Department.

Step 2: Answer the completeness of the profile component:

a) In case of direct application: The Plant Protection Department checks the composition of the application and responds immediately when the organization or individual applies;

b) In case the application is submitted via postal service or through the online environment: Within no more than 02 working days, the Plant Protection Department will consider the completeness, if the application is incomplete as prescribed, the Department of Plant Protection will consider the completeness of the application. Plant protection returns the dossier and informs the organization or individual for additional information.

Step 3: The Plant Protection Department organizes a physical inspection at the fertilizer production facility and makes an inspection record.

Within 20 working days from the day on which the complete application is received, the Plant Protection Department shall appraise the application’s contents. In case the dossier is unsatisfactory, the Plant Protection Department shall return the dossier and clearly state the reason for further completion by the organization or individual. If the fertilizer-producing organization or individual does not meet the conditions, it must take corrective action. After the remedial work is done, a written notice shall be sent to the Plant Protection Department for inspection of the corrected contents. If the test results are satisfactory, within 05 working days from the date of completion of the inspection, the competent authority shall issue the Certificate of eligibility for fertilizer production according to Form No. 10 in Appendix I to the Circular No. issued together with Decree No. 84/2019/ND-CP. In case of refusal to issue the Certificate of eligibility for fertilizer production, a written reply must be given clearly stating the reason.

The dossier

a) An application form for the Certificate of eligibility for fertilizer production, made according to Form No. 07 in Appendix I issued together with Decree No. 84/2019/ND-CP.

b) An explanation of fertilizer production conditions according to Form No. 09 in Appendix I issued together with Decree No. 84/2019/ND-CP.

c) A photocopy of the university diploma or higher of the person directly managing the production specified at Point e, Clause 2, Article 41 of the Law on Cultivation.

d) A certified true copy of the decision approving the environmental impact assessment report or the decision approving the detailed environmental protection project or the certificate of registration of the environmental protection plan or the commitment to environmental protection. according to the provisions of the law on the environment.

Time

25 working days (from the date of receiving the complete dossier, excluding the time to remedy if any of the organization or individual).

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