Decision No. 100/2003/QD-BNN promulgating the Regulation on fertilizer management

No. ·157125·9·2003) OFHGIAL GAZt::T f E .ItlE MINISTRY OF AGRICULT l,! fj J; ANP RIJRAL DEVELOPMENT Atticle .1.m The director of thn Ministry's Office, tho director al t!w Agric:ulllire Department, tile director of the Science and Tectinology Department, the directors of the provincial/municipal Agriculture and Rural DECISION No. 1 00/200 3/Q Om B N N Q f Development Services, tile lleads of units, and domestic SEPTEMBER 8, 2003 PROMULGATING THE as well as foreign organizations and individuals engaged REGULATION ON FERTILIZER MANAGEMENT in activities related to the production of, and trading in, THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT Pursuant to Ordinance No. 18/1999/PL-UBTVQHJ0 of December 24, 1999 of the National Assembly Standing Committee on Goods Quality; Pursuant to the Government's Decree No. 86/2003/ ND-GP of July 18, 2003 prescribing the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; Pursuant to the Government's Decree No. 86/CP of December 8, 1995 prescribing the assignment of the responsibility for State management over goods quality and Joint Circular No. 1537/KCM-NN&PTNT of June 15, 1996 of the Ministry of Science, Technology and Environmentand the Ministry of Agriculture and Rural Development guiding the implementation of Decree No. 86/CP; At the proposal of the director of the Agriculture Department and the director of the Science and Technology Depanment, DECIDES: fertilizers in Vietnam shall have to implement this Decision. For the Minister of Agriculture and Rural Development Vice Minister BUl.~BONG REGULATION ON FERTILIZER MANAGEMENT (Issued together with Decision No .. 100/2003/QD-BNN of September 8, 2003) Chapter/ GENERAL PROVISIONS Articfe 1.M Regulation scope and subjects of application 1 . This Regulation shall apply to the testing and recognition of new fertilizers; the promulgation of the list of fertilizers permitted for production and trading in Arlicfe 1.M To issue togettier witt1 this Decision the Vietnam; the production of, and trading in, fertilizers, Regulation on fertilizer management. and tt1e assignment of resp on sibflity for the Article 2.M This Decision takes effect ·15 days after its publication in the Official GazollH. All previous regulations contrary to tl1is Decision are hereby annulled. management tt1ereof. Traditional organic fertilizers shall not be governed by this Regulation. 2. Domestic as well as foreign organizations and OFHCIAL GAZETTE No. 157 (2!>•9·2003) individuals engaged ln activities rolatmJ to fortilizms in the Viotnamese territory shall have to comply witt1 this Regu!ation. Article 2.- Interpretation of terms In this Regulation, the following terms shall be construed as follows: 1. Root fertilizers mean assorted fertilizers to be applied directly to soil or water in order to provide plants with nutrients through their root assemblages; 2. Foliar fertilizers mean assorted fertilizers to be sprinkled or sprayed directly on plant foliage or stems in order to provide nutrients for plants; 3. Inorganic fertilizers (mineral fertilizers, chemical fertilizers) mean fertilizers containing inorganic nutrients necessary tor the growth and development of plants. producm.l on the basis of chemically synthosizing assorted raw materials; 10. Mixed mineral fertilizers mean multi-nutrient fortilizers producod by way of mechanically mixing many single fertilizers; 11. Microbiological fertilizers mean fertilizers containing one or more useful microbe species, with a density compatible with the promulgated standards; 12. Bio-organic fertilizers mean fertilizers produced from organic raw materials through the effects of useful microbes or other biological agents; 13. Microbiological organic fertilizers mean fertiliz.ers produced from organic raw materials and containing one or more useful microbe species, with a density compatible with the promulgated standards; 14. Mineral organic fertilizers mean fertilizers 4. Macro nutrients (hereinafter called macro-element produced from organic raw materials and. added with fertilizers) mean nutritious elements used by plants in one or more nut(itious elements, including at !east one large quantities, including 'nitrogen, phosphorus and macronutrients; potassium; 15. Traditional organic fertilizers mean fertilizers 5. Secondary nutrients (hereinafter called secondary- originated tram animals or plants such as bt.iff alo and element fertilizers) mean nutritious elements used by cow dung, pig and chicken excrements, tiuman plants in medium quantities, including calcium, excrement, urine and assorted green manure; magnesium and sulfur; 16. Nutritious contents mean the quantities of 6. Micronutrients (hereinafter called micro-element nutrients in fertilizers which are expressed in percentage fertilizers) mean nutritious elements used by plants in over fertilizers' weight or volume. smaH quantities, including iron, zinc, copper, boron, molybdenum and other trace elements; 7. Single fertilizers (single mineral fertilizers) mean inorganic fertilizers containing only one of three macron utrients; 8. Multi-nutrient fertilizers mean inorganic for1ihzers containing two or more rnacronutrients, excluding secondary nutrients and micronutrients; ~J. Compound fertilizers mean multi-nutrient f etiilizms 17. Allowable toxic contents mean the maximum allowable contents of heavy metals, harmful organ isms, biure and free acids in fertilizers; 18. Fertilizers added with growth regulators rnean fertilizers added with growth regulators permitted for use in Vietnam, which stimulate or repress the growth and development of plants; 19. Soil fertility .. improvernent materials mean the substancos to be upplir1d to soil in order to raise itf; No. 157 {25·9-2003) fertility (physical, chemk:al, bioloqicnl cllaractcr is tics ... ) , in order to create conditions fo 1· plants to well orow and develop thus giving high yiold and high qua!ity of farm produce; 20. Fertilizer processing means Hie production of fertilizers by Vietnam-based enterprises having tt1e functions of producing fertilizers under contracts wiU1 foreign organizations and/or individuals; 21. List of fertilizers permitted for production and trading in Vietnam (hereinafter called the fertilizer list) means the list o1 assorted 1ertilizers recognized and permitted for production and trading in Vietnam by tile Ministry of Agriculture and Rural Development. Chapter/I FERTILIZER LIST, TESTING, EXPERTISE AND RECOGNITION OF NEW FERTILIZERS Article 3,• List of fertilizers 1. The Ministry of Agriculture and Rural Development shall issue the list of fertilizers permitted for production and trading in Vietnam. 2. Fertilizers to be included in the fertilizer list comprise: a/ Fertilizers which, th rough testing, are recognized by the Ministry of Agriculture and Aural Development as new fertilizers. bl Fertilizers which have not yet gone through testing but meet the following criteria: Being single mineral fertilizers meeting the prescribed quality standards; " Being multi~nutrient fertilizers or mixed mineral fertilizers with the total nutritious contents N+ P2O1; (evanescent)+ K20 ~ ·1a%. c/ Fer1ilizers which are the outcomes of scientific research subjects tested by the ministorial- or State .. levol fertilizer-specializod councils and rncognizod ns teclmical mtvances. 3. Annually, tho Ministry of Agriculture and Hural Developmf-)nt shall revise the iertilizer list in order 10: a/ Add new types of fertilizers; b/ Exclude from the 1ertilizer list fertilizers whtch are no longer available on the market and fertilizers which, in the course of use, are detected as having caused harms to production and environment. Article 4.- Fertilizers which must be tested for inclusion in the fertilizer list 1. Fertilizers not on the fertilizer list whicll are: foliar fertilizers; micrnbiolouical fertilizers, bio-organic fertilizers; microbiological organic fertilizers; mineral organic fertilizers; secondary-element fertilizers, micro element fertllizers; mixed mineral fertilizers containing secondary nutrients and/or trace elements; fertilizers added with growth regulators; and soil fertility improvement preparations. 2. Fertilizers defined in Clause 1 of Article 3 which have been included in the fertilizer list but have: Changed in composition, or Reduced the weight of one of pure macro, secondary and organic elements in a weight or volume unit by more than 5% over their quantity upon the recognition of new fertilizers; Increased the weight of one of elements of mfcro efement fertilizers or foliar fertilizers in a weight or volume unit by more than 10% over their quantity upon tile recognition of new fertilizors. Article 5.- Conditions for fertilfwrs to bH registered for testing For the following I ertilizers to be registered for testing, tt1e following conditions must bfl rnet 1. For bio-organic fertilizers: The organic contents 3 23% (C ~ 13%), moisture~ 25%,, pHKd 5--7. 2. For microbiological organic fertilizom: The organic Oi' HCIAL GAZE 1 · fL contents;:: 23°/,, (C::?: 13%), dem;ity of useful microlles 2: 1,106 microbes/gram of fertilizer, rnoisturt-i <; 30%,. 3. For mineral organic fertilizers; The organic contents ;::,:15% (C;::,: 8,5%), moisture s; 25'%, the total contents of N + P 20 5 (evanescent) + K2O? 8%. 4. For fertilizers added with growth regulators: Apart from nutritious elements, the contents of growth regulators:-:::; 0.5% of a weight or volume unit of fertilizer. Article 6.- Units carrying out tho testing 1. Units carrying out the testing of fertilizers must meet the following conditions: a/ Having cadres specialized in fertilizers. b/ Having material foundations and equipment suitable to the testing and analysis of each k(nd of fertilizers. 2. Testing units must be recognized by the Ministry of Agriculture and Aural Development. 3. In case of necessary, the Agriculture Department shalt appoint units carrying out the testing. Article 7.- Testing order 1. Organizations and individuals having fertilizers to be tested shall send dossiers to the Agriculture Department - the Ministry of Agriculture and Rural Development. Such a dossier includes: al An application of reuistration for testing (made according to set form). b/ Documents on peculiarities of fertilizers to lle tested: Chemical names and assorted trademarks; Form of fertilizer (foliar fertilizer, root fertilizer, in liquid, granule, powdor. .. ), color; Composition and contents of nutrients and analyzing methods: + For foliar fmtilizers: Macro, secondary and trace elements, organic substances, carriers and yrowtll regulators (if any); t F·or bio-organ ic ferti lizern: ·1 he contents of organic substances, biological acHve substances, moisture, p1-11m, and other nutrients (if any); + For mineral organic fertilizers: Tt1e contents of organic substances, macro, secondary and trace elements, moisture; + For microbiological fertilizers: The species and density of useful microbes; + For microbic organic fertilizers: The organic substances, species and density of useful microbes, pHKcJ· + For secondary-element fertilizers and micro element fertilizers: The contents and components of each element of fertilizers and carriers; + For fertilizers added with growth regulators: The components and contents of nutritious elements of the basic fertilizers and the growth regulators permitted for use; + For soil fertility-improvement preparations: The components and contents of each element 01 the preparations. cl Documents on the toxicity of fertilizers: For fertilizers produced from industrial waste, urban waste and other substances containing toxic elements, the contents of heavy metals such as Pb, Hg, Cd, As; the density of disease-producing microbes (E.Coti, Salmonella); and ascaris must be analyzed. d/ For imported fertilizers: The names of producing firms/companies and countries; docurnonts permitting the production and trading, and use guidance in foreign countries. el For horne-mad,J fertilizers: The technological procoss and authors thmoof; rm,ults o1 preliminary testing and use guidance of producers. f/Tl1e origins and main components of raw rnatorials used for tho production of fortilimrs. No. ·151 (25-s-.. wo:,J OFFICIAi. UAZL:rl'E g/ Samples and ooods labols of thu fertilizers (if uny). 2. Granting of testinn permits: Tt10 Agriculture Department shall grant testing permits (made accor<!ing to set form) within ·15 days us from the date of receiving full and valid dossiers. In cases of invalid dossiers, the Agriculture Department shall notify organizations and individuals thereof for the latter to suppl0ment necessary documents as prescribed. 3. Implementation of the testing: Organizations and individuals having fertilizers to be tested shall sign contracts with testing units. lesting units shall carry out the testing according to the Testing Procedures issued by the Ministry of-Agriculture and Rural Development. Article 8.-E~rtise and recognition of new ferti\\zers 1. Attel' the testing completes, organizations and individuals having fertilizers must submit dossiers of applicatiOn for expertise and recognition of new fertilizers to the Science and Technology Department. 2. A dossie.r of application for expertise and recognition of new fertilizers includes: al Ah· application for expertise and recognition of new f ertil\:z:ers; b/ The·. report on the testing results certified by the testing units. 3. Organization of the expertise of testing results: After receiving valid dossiers from organizations and/ or individuals having fertilizers and the Agriculture Department's comments on the testing procedures and results, the Science and Technology Department shall propose to the Minister of Agr1culture and Rural Development to set up a council (specialized in fertilizers) to expertise the testing msults. 4. Fertilizers concluded by the Expertising Council as having met the requirements shall be reported by the Science and Technology OP.partment to the Minister of Agriculture and Aural Developrnent for recognition of fertilizms as now f01tili20m. !'i. Expenses for 1he tasting, expertise and recogr 1ition of new fertilizers shall be paid by oq 1anizations and/or individuals !laving fertilizers. Chapter/II PRODUCTION AND PROCESSING OF FERTILIZERS Article 9.- Production of fertilizers 1. Organizations and individuals wishing to produce fertilizers must have the certificates of registration for fertilizer business. 2. Enterprises producing fertilizers must meet the following conditions: a/ Having suitable machinery and equipment for the production of fertilizers with prescribed quality standards; b/ Having fertmzer quallty-analyzing and -testing sections. In cases where the enterprises do not have fertilizer quality-analyzing and ~testing sections, they must sign contracts to hire analyzing laboratories recognized by competent State agencies to carry out the testing. c/ Having waste-treatment system so as not to cause environmental pollutron and ensure conditions on environmental safety and sanitaUon as prescribed by law; d/ Having technical staff who are professionally trained and capable o1 meeting production requirements. 3. Fertilizers permitted to be produced for trading include: a/ Fertilizers included in the fertilizor list; b/ r=ertilizors recognized by the Ministry ol Agricuhure and r~ural Development as new fertilizers; c/ Fertilizers created by scientific rosearct1 subjects tested by the ministerial- or State-level fnrlili.rnr~ specializod councils and recognized as technical OFHGIM. GAlf.'1 li: advances. Article 10.~ Processing of fertilizmi:; 1. Enterprises processing fertilizers must meet conditions prescribed in Clause 1 and Clause 2, Article 9 of this Regulation. 2. The processing of fertilizers outside Vietnam's fertilizer list must be permitted by the Ministry of Agriculture and·Rural Development. Chapter/V TRADING IN, AND TRANSFER OF TECHNOLOGIES FOR THE PRODUCTION OF, FERTILIZERS Article 11.-Trading in fertilizers 1. Fertilizers permitted for trading include: Assorted fertilizers defined in Clause 3,Article 9 of this Regulation. 2. Organizations and individuals trading in fertilizers must fully meet the following conditions: al Having the certificates of regfstratfon for fertfffzer business. bl Having locations for trading in fertilizers without causing environmental pollution. cl Having warehouses for storing fertilizers. 3. Fertilizers, when being traded in, must have their quality standards and compatibility with set standards announced according to current regulations. 4. Fertilizers, when being traded in, must have labels in conformity with the Government's Aeguf at ion on labeling of domestically-circulated goods and import/ export goods as well as guiding circulars of concornort ministries and branches. 5. The trading in fake fertilizers, fertilizers with expired use date; fertilizers suspendAd from production and/or consumption; and/or fertilizers without labels or with labelfl incornpatiblo with rngistration are strictly prohibited. 6. Fertilizers, when being transported, must be firmly packed or stored in containers so as to nnsure their quality and not to cause environmental pollution. Article 12.- Import and export of fertilizers 1. Organizations and individuals may import fertilizers on the fertilizer list issued by the Ministry of Agriculture and Rural Development. 2. The import of raw materials for the production of fertilizers and the import of fertilizers in other special cases must be permitted by the Miriistry of Agriculture and Rural Development. 3. The import of fertllizers for testing must be permitted by the Ministry of Agriculture and Rural Development. Permits for the import of fertilizers . for testing shall be granted only to fertilizers which have already been permitted for extensive use in foreign countries. The import of fertilizers, which have not yet been tested or are being in the period of testing in foreign countries, into Vietnam for testing shall not be permitted. A dossier of application for the import of fertilizers for testing includes: al An application for tile import of fertilizers (made according to set form). b/ Documents on specifications of imported fertilizers: Chemical names and assorted trademarks; Types off ertilizers (foliar fertilizers, root fertilizers); Names of producing firm/company and country; Characteristics: form (in liquid, granule, powder) and color; • Nutritious component~ and contents; • Documents on ferHlizors' toxicity; Fertilizers' label. OFFIC\I\L GAZETTE cl Documents proving that tho fertilizers have been granted business licenses in foreign countries, 4. Organizations and individuals may import fertilizers at their customers' requests. 5. The temporary import for ro-oxport and transit of fertilizers shall comply with the State's current regulations on temporary import for re-export and transit of goods. Article 13.- Transfer of tertlllzer-produclng technologies 1 . Organizations and lndividua ls may trans fer the technologies for the production of fertilizers on the fertilizer list. 2. The transfer of fertilizer-producing technologies shall comply with the Government's Decree No. 45/ 1998/ND-CP of July 1, 1998 detailing the technology transfer and Circular No. 1254/1999/TT-BKHCNMT of July 12, 1999 of the Ministry of Science, Technology and Environment guiding the implementation thereof. Chapterv RESPONSIBILITIES OF CONCERNED AGENCIES AND ENTERPRISES Article 14.-Aasponsibilities of agencies under the Ministry of Agriculture and Aural Development 1 . The Agriculture Department a/To perform the uniform management over fertilizer quality; and coordinate with concerned agencies in elaborating production plans as well as policies to encourage ttle development and use of tertilizms. b/ To elaborate and submit to the M'1nistry tor promulgation regulations on fertilizer rmmagement, organize the implementation thereof and provide professional guidance thereon. cl To elaborate and submit to the M'1nistry tor promulgation procedures and critoriu rogarding fertilizers, d/ To receive and evaluate dossiers of registration for testing; grant permits for testing of new fBrti!izers; appoint testing units (when necessary); supervise the testing process and give comments on ttle testing process and results. e/ To receive and evaluate dossiers of application for the import of fertilizers; grant and withdraw permits for the import of fertilizers and permits for the import of raw materials for the production of fertilizers. f/ To propose the Minister of Agriculture and Rural Development to recognize new fertilizers, gt To receive and process dossiers of announcement of quality standards an·d compatibility with prescribed standards of fertilizers of State enterprises under ministries or central branches, and enterprises with 100% foreign capital. h/ To make the fertilizer list and submit it to the Ministry for promulgatton. h/ To examine and inspect the implementation of the regulations on fertilizer management throughout the country. 2. The Science and Technology Department: a/To organize the research into, and application of, scientlffc and technological advances to activities related fertilizers. b/To participate in the elaboration of regulations and standards on fertilizers for submission to the Ministry for promulgation. c/To receive dossiers, organize the expertise of the testing results and propose the Minister of Agriculture and Aural Developmont to recognize new fertilizers. di To receive and process dossiers on the transfer of fertilizer-producing tectmologies. e/To appraise and propose the Ministry to recognizo tile fertilizer-testing unit.<.;. OFFICIAL GA7EHF. No, 157 (2fi--!-1•2003) Article 15.- Hesponsibilitios of the provincia!/ municipal Agricultum and Ru ml rJ(NOlopment Services 1. To perform the functions of StA.te management over fertilizers in their respective localities. 2. To monitor, examine and inspect the quality of fertilizers produced and traded in tho localities under their management. 3. To receive and process dossiers of announcement of the quality standards and compatibility with prescribed standards of fertilizers produced and traded in by enterprises in localities under their management. 4. To report to the Agriculture Department on the production ot, and trading in, fertilizers as well as the announcement of their quality standards by local organizations ar1J individuals in December every year. Article 16.-Responsibililies of enterprises 1. Organizations and individ.uals producing and/or trading in fert!Uzers must strictly comply with the contents of th is Regulation and other relevant law provisions. 2. In December every year, enterprises shall have to report on the production of, and trading in, fertilizers, to the provincial/municipal Agriculture and Rural Development Services of the localities where they are headquartered. Article 17.- Implementation provisions 1 . Mixed mineral fertilizers on the fertilizer list issued before the promulgation ot this Regulation, which are being produced or traded in but have the total contents of N + P2O5 (ovanoscent) + K20 < 18%, or fertilizers which have the nutritious contents lower than, or incompatible with, the standards prescribed in Article 4 and Clause 3 of A11icle 9 of t11is Regulation, may be produced and traded in within 01 year as from the effective date of tills Regulation. Past the abovo-stated tirne limit, t11ey must not be producod i.md traded in. ?. . A!I organizations and individuals engaged in tlm activities of producing, trading in, importing/exporting, testing and recognizing new fertilizers shall tiave to strictly comply witl t th is Heuulalion. If they act contrarily, causing bad consequences to the production, they shall be sanctioned according to law provisions. For the Minister of Agriculture and Rural Development Vice Minister BUI BA BONG