Decision No. 04/2007/QD-BNN promulgating the Regulation on management of safe vegetables production and certification

Issue nos 01=Q2/Februa!y 2007 (CongBtw nos (J5-(J(J/February " 2()()7) OFFICIAL GAZETTE 9 THE MINISTRY OF AGRICULTUREAND RURAL DEVELOPMENT DECISION No. 04/2007/QD-BNN OF JANUARY 19, 2007, PROMULGATING THE REGULATION ON MANAGEMENT OF SAFE VEGETABLES PRODUCTION AND CERTIFICATION MINISTER OF AGRICULTURE AND RURAL DKVELOPMENT Pursuant to the Government s Decree No. 86/ CP ofJuly 18, 2003, defining thefunctions, tasks, powers and organizationalstructureoftheMinistry of'Agriculture and Rural Development; Pursuant to Goods Quality Ordinance No. 18/ 19991PL-UBTVQHlOofDecember 24, 1999 ofthe National Assembly StandingCommittee; PursuanttoFoodHygieneandSafetyOrdinance No. 1212003IPL-UBTVQHIl ofJuly 26, 2003 ofthe NationalAssemblyStanding Committee; Pursuant tu the Governmeru s DecreeNo. 163/ 20041ND-CP ofSeptember 7, 2004, detailing the implementation ofa number ofarticles ofthe Food Hygieneand SafetyOrdinance; Pursuant to the Government s Decree No. 179/ 20041ND-CPofOctober21, 2004, providingforthe statemanagementofqualityofgoodsandproducts; At theproposalsofthe director ofthe Cultivation Department, the director of the Plant Protection Department and the director of the Science and Technology Department, DECIDES: Article 1.- To promulgate the Regulation on management of safe vegetables production and certification. Article2.-ThisDecisiontakes effect15daysafter its publication in "CONG BAG" and replaces DecisionNo.67/1998/QD-BNN-KHCNofApril28, 1998 of the Minister of Agriculture and Rural Development, promulgating the Provisional Regulation on safe vegetables production. Article 3.- The director of the Ministry'S Office, the director ofthe Cultivation Department, the director of the Science and Technology Department. the director of the Plant Protection Department, directors of provincial/municipal Services ofAgriculture and Rural Development, relevant organizations and individuals shall implement this Decision. Minister of Agriculture and RuralDevelopment CAODUCPHAT «') VIETNAM LAW & LEGAL fORUM 10 OFFICIAL GAZETTE Issue nos 01..()21February 2007 (COng sao nos 65·661February 1,2007) REGULATION ON MANAGRMF.NT OF SAFE VEGETABLES PRODUCTION AND CERTIFICATION (Promulgated together with Decision No. 04/2007/ QD-BNN ofJanuary 19, 2007 of the Minister of Agriculture and Rural Development) Chapter! GENERAL PROVISIONS Article 1.- Governing scope and subjects of application 1. This document provides the conditions for production, the inspection, supervision and certification ofthe conditions for production ofsafe vegetables and certification of safe vegetables products. 2. This Regulation applies to domestic and foreign organizations and individuals engaged in the production, inspection, certification of conditions for production and certification of safe vegetables in Vietnam. 3. If the contents of this Regulation do not conform to the international treaties which Vietnam has acceded to, such international treaties shall apply. Article 2.- Interpretation of terms In this Regulation, the tenus below are construed as follows: 1. Safe vegetables (SV) mean products of fresh vegetables (including all types ofedible vegetables: leaf, body, tuber, fruit, seed, assorted edible mushrooms ... ), which are produced, harvested, preliminarily processed, packaged and preserved in accordance with the technical process to ensure that the microorganism or toxic chemical residues are below the permitted maximum limits as prescribed In Appendices 1,2,3 and 4 of this Regulation (not printed herein). 2. SV production conditions mean a system of material and technical foundations meeting the criteria on environmental conditions and production process of production establishments in order to ensure the production ofvegetable products reaching the safety standards. 3. Safety threshold means the permitted maximum limits of residues of toxic chemicals (heavy metals, nitrate, plant protectiondrugs, growth regulators), harmful microorganism allowed for existence on vegetables without affecting human health under the current regulations of the Health Ministry. 4. Sv-certifying organizations mean organi zations, which satisfy all conditions on material foundations, equipment and personnel, are recognized or designated by competent state bodies for performing the tasks of inspecting, supervising, testing and certifying SV Chapter II CONDITIONS FOR PRODUCTION OF SAFE VEGETABLES Article 3.- Personnel 1. SV-producing organizations must be staffed with technical personnel or sign contracts to hire personnel specialized in cultivation or plant protection ofintermediate or higher level to provide technical guidance on SV production. 2. SV producers must go through courses of technical training on SV production. Article 4.- Cultivation land 1. Land planned for SV cultivation must satisfy the following conditions: aIIts physical, chemical and biological characters © VIETNAM LAW & LEGAL FORUM Issue nos 01.Q21Februa[y 2007 (GOng Bao nos65-661February 1,2007) OFFICIAL GAZETTE 11 suit the growth and development ofvegetables. bl It is not directly affectedby industrial wastes, daily-life wastesfrompopulationquarters, hospitals, slaughterhouses,graveyards, big roads. cl It satisfies the cultivation land enviromnent standards under Standards TCVN 5941: 1995, TCVN7209:2000,mentionedinAppendices 5 and 6 to this Regulation. 2. Land in SV production regions must be regularly or irregularly examined in term of pollution. Article 5.- Fertilizers 1. Using only fertilizers on the list of fertilizers permitted for production and business in Vietnam, organic fertilizers alreadytreatedto ensurethatthere is no danger of contaminationwith chemicals and harmfulmicroorganisms. 2. Not using fertilizers ofhigh pollutiondanger suchasbarnyardmanure, urine,fertilizers processed from daily-life wastes, industrial wastes for direct fertilization of vegetables. Article 6.- Irrigatingwater 1.Water irrigating vegetables mustbe takenfrom sources notpolluted byharmfulmicroorganisms and toxicchemicalsand meet the standardsof irrigating waterunderstandards TCVN6773:2000(Appendix 7, not printed herein). 2. Industrial wastewater not yet treated, water discharged from hospitals, industrial parks, cattle or poultry farms, slaughter houses, manure water, urine, stagnant pond water should not be used to directly irrigate vegetables. 3. Sourcesof water irrigating SV-growing areas must be inspectedregularlyand irregularly. Article 7.- SV farming techniques I. Rotation: Encouraging the application of rationalrotationbetweenvariouskindsof vegetable and between vegetablesand other crops. 2. Inter-cropping: The inter-cropping between vegetables andothercropsdoesnotcreateconditions for insects and crop diseases to arise and develop. 3. Field sanitation: aISv-growing areasshouldbe regularly cleansed to restrict sources of harmful insects and diseases as well as other pollutants. bl Forvegetables grownunderhightechnologies, decontamination measures must be taken and reasonable isolationdurationbetweenharvests and crops must be ensured. 4. Selection of vegetable varieties: Not using vegetables of genetic modification origin (GMO) when there is no biological safety certificate. 5.Fertilization: Usingfertilizers ofproper types, with proper doses, fertilizing time and methods according to SV-growing process prescribed foreach kind of vegetable; particularly for the nitrogenous fertilizer, the isolationdurationofat least ten days or seven days for leaf fertilizer before harvesting must be ensured. Article 8.- Diseaseprevention and elimination 1.Toapplytheintegratedpestmanagement (IPM) techniques; encourage thedevelopmentofvegetable production in the direction of good agricultural practice(GAP). 2. Tu encourage the construction of insect isolatingnet houses, mosquito-net houses suitable to the growth demands of each vegetable species and the ecologicalconditions ofeach harvest, each region, especiallyfor vegetables ofhigh economic value and out-of-season vegetables. 3 Toregularly inspectthe fields and early detect pests for timely prevention and elimination. :g VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 01.Q2IEebruary 2007 (C6ng Bao nos 65-661February 1, 2007) 4. To apply manual preventive measures. especially the measures of picking up insects, butterflies and eliminating insect niduses at proper time, destroying diseased plants and plant sections. 5. To use biological insecticides, biological measures, especially for short-term vegetables. To protect, rear and develop natural enemies in vegetable-growing areas. 6. To minimize the use of chemicals for prevention and elimination ofvegetable insects and diseases. In case of necessity, the use of chemicals must strictly comply with four principles: a/ With proper types: To use types of drugs on the list of plant protection drugs permitted for use on vegetables in Vietnam, which is promulgated by the Ministry ofAgriculture and Rural Development. bl With proper doses: To use them with proper concentrations and doses instructed on packings for each type ofdrug and each stage ofplant growth. cl In proper manner: To apply measures of spraying, spreading or top-dressing on soil in strict accordance with instructions for each type of drug in order to ensure efficiency and safety for humans and the enviromnent. d/ At proper time: To use drugs at proper time under instructions in order to bring into full play the effect of drugs and observe the isolation duration specified for each type of drug and each kind of vegetable. Article 9.- SV harvesting and preservation 1.Harvesting: Safe vegetables must be harvested according to proper techniques and at proper time to ensure productivity, quality and food hygiene and safety. 2. Preservation: Safe vegetables, after being harvested, must be properly preserved in order to maintain the forms and quality of the products. Article 10.- Announcement ofSV standards Before proceeding with the SV production, the SV-producing organizations must announce the quality standards in accordance with the regulations on announcement of goods quality standards, promulgated together WIth Decision No. 03120061 QD-BKH of January 10,2006, of the Ministrer of Science and Technology. Article 11.-SV products before circulation Before being circulated in the market, SV products must satisfy the following conditions: 1. Being granted SV certificates issued by SV certifying organizations. 2. Being properly packed to ensure quality and food hygiene and safety; if they cannot be packed, they must be tied up with rope or specialized tools to facilitate the transportation, preservation and consumption thereof. 3.Having goods labels affixed to packages, tying ropes or directly on products (tubers, fruits); the labeling ofSV must comply with the Government's Decree No. 89/2006/ND-CP ofAugust 30,2006 on goods labeling. Article12.- Organizing the production, inspection and supervision of SV 1.To encourage organizations to produce SV in proper forms with proper scale such as cooperation groups, cooperatives, enterprises. 2. The SY-producing organizations must make registration and strictly observe the regulation on SV production conditions, submit to inspection and supervision by specialized management bodies under the provisions of this document, take responsibility before law and consumers for the quality and safety of the products they have turned out and supplied. :f:) VIETNAM LAW & LEGAL FORUM Issue nos 01=02IFebruaIY 2007 (C6ng Baanos65-661February 1,2007) OFFICIAL GAZETTE 13 Chapter III PROCEDURES FOR CERTIFICATION OF SV PRODUCTION CONDITIONS Article 13.- Registering and certifying the SV production conditions 1. The SV-producing organizations file their registration dossiers requesting the recognition of full satisfaction ofSV productionconditions to the provincial/municipal Services uf Agriculture and Rural Development of the localities where they conduct their productionactivities. 2. A registrationdossier comprises: aI The written registration of full satisfaction of SVproduction conditions and thewrittendeclaration of the production conditions (not printed herein). b/ Other relevant documents (if any). Article 14.- Examinationand certificationofSV production conditions a/ Within 20 days after the receipt of valid registration dossiers, the provincial/municipal ServicesofAgriculture andRuralDevelopmentshall organize the examination; if the prescribed conditions are fully met, they shall issue the certificates of full satisfaction of SV production conditions. hi If the SV production conditions are not fully met, the provincial/municipal Services of Agricultureand RuralDevelopment shall guide the registration-applying organizations to address the conditionsnot yet met. c/ A certificate of full satisfaction of SV production conditions is valid for not more than 3 years.When itexpires, re-registration mustbe made. Article 15.- Supervision and inspection uf SV production conditions Provincial/municipal Services ofAgriculture and Rural Development organize the supervision and inspectionofproductionconditionsoforganizations granted the certificates. If detecting that the prescribed conditions are not fully met, they issue documents requesting remedies; if past the prescribed time limit, such organizations fail tu apply remedies, they shall issue decisions to revoke the certificates. Article 16.- Charge for grant of certificates of full satisfactionof SV production conditions SV-producing organizations and individuals shall pay examinationchargesfor the grantofcertificates of full satisfaction of SV production conditions according to current regulations. Chapter IV PROCEDURES FOR CERTIFICATION OF SAFE VEGETABLES Article 17.- Conditions on SV-certifying organizations 1. Having adequate personnel of university or higherdegree, who are specializedin cultivationor plant protection to supervise and inspect the process ofSV production in accordancewithcorresponding productionscale. 2. Having adequate necessary equipment and facilities or having signedcontractswithother fully capable organization to pertorm SV testing. 3. The SV-certifying organizations are held responsiblebefore law for their certificanon results. Article 18.- Procedures for recognizing or designatingSV-certifyingorganizations 1. Organizations wishing to conduct SV certifyingactivitiesfile their registrationdossiersto theprovincial/municipal ServicesofAgriculture and Rural Development ofthe localities where they are (t VIETNArJl LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 01-Q21February 2007 (COng Bao nos 65-66/February 1, 2007) headquartered. Such a dossier comprises: a!A written registration for recognition to he the Sv-certifying organization, made according to the form in Appendix 9 (not printed herein). bl An enclosed detailed declaration of the conditions specified in Clauses I and 2, Article 17 of this Regulation. cl Other relevant documents (ifany). 2. Within 15 (fifteen) days after the receipt of valid dossiers, the provincial/municipal Services of Agriculture and Rural Development shall examine the conditions ofthe registered organizations; ifthey are fully met, they issue decisions to recognize them as the Sv-certifying organizations. 3. The provincial/municipal Services of Agriculture and Rural Development designate units to perform the SV certification. Article 19.- Supervision, inspection SV-certifying organizations conduct the supervision and inspection throughout the production course according to procedures notified to the SV-producing organizations in advance. Article 20.- Charge for grant of SV certificates Organizations and individuals producing SV shall pay examination charge for grant ofSV certificates according to current regulations. Chapter V STATE MANAGEMENT OF SAFE VEGETABLES Article 21.- Contents ofstate management ofSV I. Formulating plans for production and investment in infrastructure development of concentrated SV-producing areas. 2. Promulgating policies to encourage the development of SV production and consumption. 3. Promulgating normative documents, procedures, regulatIons and quality standards on SV. 4. Managing the registration, examining and granting certificates of full satisfaction of conditions for SV production, announcing SV quality standards, testing and certifying sv. 5. Propagating to raise the awareness of SV producers and consumers. 6. Inspecting, examining and settling complaints and denunciations about SV production and certification. Article 11.- Division of responsibilities for performing the task of state management of SV 1. The Cultivation Department acts as the coordinator in the performance of the state management, organizes the direction of SV related implementation, having the responsibilities: al To assume the prime responsibility for formulation ofpolicies and normative documents on SV production. hiTo direct the formulation ofoverall planning on concentrated SV-producing areas nationwide; direct the implementation of SV development programs and projects. c/To guide and direct the provincial/municipal Services ofAgriculture and Rural Development in organizing the certification of full satisfaction of conditions on SV production, the SV production, the inspection and supervision ofSV production in their respective localities. dl To coordinate with the Ministry's Inspectorate in directing the examination, inspection and settlement of complaints and denunciations about SV production, certification of SV production conditions, SV product (L, VIETNAM LAW & LEGAL FORUfl.l Issue nos 01.Q2IFebruar:y 20Q7 (C6ng Bao nos65-661February 1,2007) OFFICIAL GAZETTE 15 certification, 2. The Department for Science and Technology: a( To assume the prime responsibility for, and coordinate with relevant agencies in revising, proposing the amendment and formulation of standards and technical norms for SV production. bl To manage research subjects, projects on trial SV production and preservation. cl To coordinate with relevant agencies in organizing, directing, supervising and managing SV production and certification. 3. The Plant Protection Department: al To organize training on, and direct the widespread application of integrated pest management or insect control management (IPM, rCM) process and process on SV production according to GAP. bl To provide professional and operational direction and guidance to plant protection systems in localities on the performance ofS V production tasks according to assignment of the provincial! municipal Services of Agriculture and Rural Development. 4. The National Center for Agricultural Extension: al To provide training in, disseminate the SV production technical process to peasants. bl To conduct information and propagation contributing to boosting SV production and consumption. cl To build up SV demonstration models in key regions in order to recommend the widespread application. 5. The provincial/municipal Services of Agriculture and Rural Development: a/ Tu draw up and submit to the provinciall municipal People's Committees plannings on SV producing areas and investment projects for development of SV-producing zones in their respective localities; bl To propose mechanisms and policies to encourage and support the SV production and consumption; cl To manage the registration and organize the inspection, examination and grant ofcertificates of SV production conditions; dI Based on the SV production processes of the Ministry,to formulateand direct the implementation of SV production processes suitable to local conditions; el To organize training in and grant certificates of SV production to producers; fJ To recognize, designate and manage activities ofthe SV-certifyingorganizations in localities; gIToinspect, examine and settle complaints and denunciations about SV production and SV quality certification. Article 23.- Implementation provisions 1. Organizations and individuals involved in SV production, inspection or certification shall implement this Regulation; ifviolating it, they shall be administratively handled or examined for penal liability according to the provrsions of law, depending on the seriousness of their violations. 2. Problems arising in the course of implementation, if any, should be reported to the Ministry ofAgriculture and Rural Development for timely settlement. Minister ofAgriculture and Rural Development CAODUCPHAT ~} VIETNAM LAW & LEGAL FORUM