Regulation on granting of professional practice certificates for the production, processing, rebottling, packing and/or trading of plant protection drugs

DECISION No.91/2002/CJD-BNN :;-n;· OCTOBER '11, 2002 ISCl/lNC Tlff r~ !~ (.; i I LAT I< ) 1\1 0 N O RA NT I 1\1 G O F PROF!~SSIONA!. PHAGT!Cf CEHTJFICA'/T:~, FOR THE PRODUCTIOM, PROCr::SSIMC,, REBOTTLING, PACKING AND/OR TRADING OF Pl.ANT PROTFCTION DRUGS THE MINISTER OF AGRICULTURE AND RURAL 11F:Vl::LOPMENT Pursuant to the Govemment's Decree No. 73/CP of November 1, ·f995 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture ond F?wal Development; Pursuant to the Enterprise Law and legal documents guiding the implementation thereof,· Pursuant to the Government's Decree No. 5812002/ ND-GP of June 3, 2002 issuing the Plant Protection Regulation, the Plant Quarantine Regulation and the Regulation on Management of Plant Protection Drugs; At the proposals of the directors of the Plant Protection Department and the Department for Science, Technology and Product Quality, DECIDES: Article 1.~ To issue together with this Decision the Regulation on granting of professional practice certificates for the production, processing, rebottling, packing and/or trading of plant protection drugs. This Regulation shall apply to organizations and individuals eng0ged in the production, processing, rebot!Jing, packing and/or trading of plant protection drugn on the Vietnamese territory. Article 2.~ This Decision takes effect 15 days after its sitJning. A!I the previous regulations contrary to this Regulation are hereby annulled. Article 3.- The directors of the Ministry's Office, Pinnt Protection Department and Department for Science, Tm:llno/og,1 and Product Quality; the heads of l! 1c relevant auenr:k'~: the rl imctors of the provinGia I/ municipal Agriculture and Rural Development ::;ervicos, nnrl concerned orqanizations as w0.II as inciividuali; sha11 have to implement this Decision. f-'f'r tlv1 Minir;tor of t\gri~11lt11m ,md Hurni Dnvofopmcnt Vico Minfr:;tor Bllt Bi\ EIONG UI+ l(;/Al. G1Vi:·I·I t: HEGULATlON ON GRANTING OF PROFESSIONAL PRAC'flGE GEf':.!TIFICATES FOR THE PRODUCTION, PROCESSING, HEBOTTLING, PACKING AND/OR Tr~ADING Of PLANT PROTECTION DRUGS (Issued tooothnr with Docision No. D 112002/QD-BNN of October I·/, 200 2 of the MinistrH of Agricufturv and Rural Dovofopment) Chapter/ GENERAL PROVISIONS Article 1.- Professional practice certificates for the production, processing, rebottling, packing and/or trading of plant protection drugs (hereinafter called professional practice certificates for short) mean documents issued by the Plant Protection Sub Departments of the provinces or centrally-run cities to individuals with full professional qualifications to practice the production, processing, rebottling, packing and/or trading of plant protection drugs. Article 2 ... 1. The professional practice certificates shall be issued only to individuals, not organizations. 2. Organizations (State companies, limited liability companies, joi nt--stock corn pan ies, joint-venture companies and companies with 100% foreign capital) engaged in the pruduction, processing, rebottling, packing and/or tmding of plant protection drugs, shall comply with the following provisions: a/ For factmies and workshops producing, processing, rebottling and/or packing plant protection drugs, the peI·sons directly running the production, processin~J, rebottlin~J and/or packin~J activities must have professional practice cerlificatei,; !J/ For /)l"anches anci urienti; of cornp~1nies or plant protection servk:e cooperatives, one of the persons man a g i tlfJ a plant p rotu r; !ion drug-- tr a cl in u es ta blishme nt rnu:.; t ti ave p rofo~~; ion a I pr,-1cti cc certificate. 3 r·:01· pl~mt prntsction rfruJ'.,tc,I·c:-; nl fimd plrn.:,'., (inclivilhrc:1\ b11si11c~,'.; l1ou~eho\d,·. 11.1n hy in1\ivid,1,c11i~ rn ho111,(0 l1olrfs thf11 ni;r"litr>';), tlwi1· own et~, rnw:t 11:.111,' pmt'u:,r,ir:nnl )ll'ctc':icc (;r:rtilicntiY;. 4. T/1r: prnfr:i,;f,ional pr;:1r:tic,i certificutos s!rnll be issued m:cordino !() set fo1Tn throunhoul the co1.1ntry. Articfo 3,n The professional practice certificates constitulr) one of the conditions for business reoistration. Cornµelt~nt Slate a~iencies shall issue business rl:gistration certificates when tl1e persons directly managing and running the production, processing, robottling and/or packing of plant protection drugs or the plant protection drug dealers have professional practice certificates granted by the provincial/municipal Plant Protection Sub Dcpartm e nts. Organizations and individuals may start the production, processing, re botll i ng, packing and/or trading of plant protection drugs as soon as they satisfy all the conditions prescribed in Articles 7 and 16 of the Regulation on Management of Plant Protection Drugs issued together with the Government's Decree No.58/2002/ND-CP of June 3, 2002, ancJ must commit to strictly abide by such conditions througt1out the operation process. Article 4.~ The provincial/municipal Plant Protection Sub-Departments shall be respons(ble for evaluating dossiers and carrying out procedures for granting of professional practice certificates. Such a professional practice certificate shall be valid only within the province or centrally-run city where it has been issued. Within ·1 b days after receiving valid dossiers, the provincial/mu nicipa I Plant Protection Sub· Dcpa1tmer1ts must consider tt1e certificate granting. In case of nut ~Jranting, they must reply the applicants in writing, stating the reasons therefor. Article 5.~ The professional practice certificates st1all be vali(l for only 3 years as from tt1e date of their issue. After 3 years, if the grantees stil I wish to practice th€ir jobs, they must ha'Je their certmcates extended by th1' pr,winchl/rnunicip,11 Plant Protection Sub De rartnwnts. The dos~; ie rs of application for 1-,xtc1 nsion ni ust be s u bm itlfld 1 rno nth liofore tho c:xpiry of thn cf1rlificalEJS. · n I l: pr n 1 (-, ~,~; irn 1ul p1·aclic1, qi r ti /ic,1 t(i rJ mntet~i-, r nu st pnrtidp,'1U: in t1·,1i11i11n cou1 :;H'.; 011 prore.s:;ion,-1I k \ 1(\\11\\':dq,, ;11v ! n(-\W l(>.t Ii ~;t, \ Un n (1rqnnlled 111 1 tt\l'.'. I' 1·nv1n (: i ;11 111111 n ic i p: 1 I i> I :-1 n t I 11 ~) ti:idion ~; '.I !J .. 1)1,p:0ir1rnc111::, 1Nllid1 '.'.!i,.111 ::E•tV(' d,, bw,ii; for tllo 1.HI "ICIAI. GALI:; 1 ·11-: extensio11 of Uwir professional practice cortilicatm,. If lo'::ino lhuir profest;ional practicn certificntes, tile grante,;s m11st immediately report such to the provincial/municipal Plant Protection Sub-· Department,, ,md fill in the re--granting proc0dures. 1. It is strictly forbidden to lease or lend professional practice certificates to other persons or use them for other purposes. 2. The professional practice certificate grantees must pay fee according to the provisions of law. Article 7. 1. The professional practice certificate grantees shall have their certificates withdrawn in the following cases: a/ Leasing or lending others use their certificates to other persons; b/ Practicing their jobs beyond the permitted scope; cl Erasing or modifying the professional practice certificates; di They have died, 2. The provincial/municipal Plant Protection Sub Department, which issues a professional practice certificate, shall have the right to withdraw such certificate. Chapter II PROFESSIONAL PRACTICE CERTIFICATES FOR THE PRODUCTION, PROCESSING, REBOTTUNG AND/OR PACKING OF PLANT PROTECTION DRUGS Article 8.-· The conditions for riranlifl\J of professional pr,c1ctice certificates for persons directly rnc1nc1gi11g and running the production, processing, rebottling and/or packing of plant protection dnI9s ,.ire prei,cr·ibed in Article 8 of the Henulation on Plant Protection Dru~J Managern(,nt. issued tow,l/1(•1r· with the Govcrnrrn·)nt'r; Ueetf,e No. !iB/200!./NU-CI' ,A Jurn) J, ;~()0} : .;; killCVP.,: or hiqtwr degree in r;herni:•;t1 y m plant protection. 2. Having t1oallh certificati~:; issued by the district or l1igher-level rnmlicul .:ifJOncifJS. A1ticle 9.~ 1. A dossier of application for a professional practice certificate for the production, processing, rebottling and/or packinq of plant protection drugs includes: a/ The application for professiona I practice certificate: b/ The valid copy of the university or higher degree in chemistry or ag ricu ltu re (cultivation or plant protection): c/ The curriculum vitae certified by the People's Committee of the commune, ward or towns hip where the professional practice certificate applicant resides; d/ The health certificate, issued by the medical center of the urban district, rural district, provincial town or higher level. e/ 3 portrait photos of 4 x 6 cm size. 2. A dossier of application for professiona I practice certificate extension includes: a/ The application for professional practice certificate extension: b/ The health certificate, issued by the medical center of the urban district, rural district, provincial town or higher level. c/ The written certification of participation in training courses on professional knowledge and new legislation, organized by the Plant Protection Sub Department of the province or centrally-run city. Chapter Ill PROFESSIONAL PfV\CTICE CC:RTIFICATES FOR PLANT PROTECTION DRUG TRADING Article~ 10.- The conditions for grnnting of p(Of()Ssio11al practice c<J1 liib,te:; for plant protection d n1 u trrnlin u m,, pr CfJ;l'ibcd i 11 i\rt\clc 17 of the Hewilation on Plant Pt·(Jli:ction Druq Management, jc;'.:I 1ud toqr,lhm with tlln (.~()IJ(c!l lll"T 1ent',1 Decree No. Sfl/ '.,'(lO?INU-CP ot ,llHH' ], ,'()()'.) ,Fi follow:,;: 1. Having university or intmrnudiato degree-) in agriculture, Clr forestry m certmc,,tes of participation in professional training courses on plant protection drugs, issued by the pwvincitil/rn u nicipsi I f-'>l;:rnt Protection Sub-Departments. 2. Having health certificates, issued by Hie dist1t;t 01· higt1er-levol medical agencies, Article 11.N 1. Programs of professional training courses on plant protection drugs a/ Contents: Legal documents on plant protection and quarantine re!ated to plant protection drngs. Legal documents on commerce, related to plant protection drugs. Legal documents on sanctions aga st administrative violations related to plant protection drugs. Basic knowledge an types of plant protection drug and their effects on the environment and human health. •· Regulations on safety in circulation, supply, preservation, trading and use of plant protection drugs. Field trips. bf The training duration sha!\ oo 03 months (or 12 weeks). After such courses, the provinciclllrnunicipal Plant Protection Sub•.Oepartments shall organize examinations and issue certificates. 2. The certificates of participation in professional training courses on plant protection dn.1~1s shall be valid for only 3 years in relation to the professional pmctice certificate granting. 'I. A dossier of applic,:1tion fm pmfessinnal pmctice certificate for plant protection druq tradinu i11ch1dei;: al The application fur profcs:;;io1w! prndice certificate, bl The valid ,)OPY of univ1:r'.,it1,1 or m\1-ornh •d\,\\r,, (Jngr(W in ; iq 1'ic1 dti ire, or forr,"try or er ' r(ifiri: iie nt prnticip:Jtir:i11 il'1 ;i prntession:,11 tr;,1ir1inq r:0111,-'.(i on pl,111! No. 60 (2:i- ll ••?.00?) protection druw;, issued by Hw provincial/municipal Plant Protection Sub . .[)opartmont; cl Tlw curTiculum vitml certified by the People's Cornrnittee of tho comrnune or ward where tl1e plant protection drug dea\or rnsille~,; d/ Tt1e heF.J.lt/1 certificate, issued by the medical center of the urban district, rural district, provincial town or hig)ier k,vel. el 3 portrait photos of 4 x 6 cm size. 2, A dossier of appllcatlon for professional practice certificate extension includes: a/ The application for professional prc:ir:fice certificate extensiow, b/ The healtt1 certificate, issued by the medical center of the urban district, rural district, provincial town or higher level; cl The written certification of participation in training courses on professional knowledge and new legislation, organized by the provincial/municipal Plant Protection Sub-Oepartmen ts. Chapter IV RESPONSIBILITIES FOR IMPLEMENTATION Atticle 14.M The professional practice certificate grantees are obliged to participate in periodical training courses so as to raise their professional qualifications and firmly grasp law provisions on plant protection drug management and use. The professional practicH certificate fJrantees must regularly contact and send their· operation reports to tt1e pro vi nciallrn unici pa I Plant Protection Sub·· Departrnenh, that have gra11ted them certificates. JI chm1~JintJ their bll~,iness locations, they must notify such in writing to the provincial/municipal Plfrnt Proter:tio n Su lJ-• De pa rtm cmts. Articlo Ui. · Tiw provi11ci;:1l/niunicipal Plc:int P rotnctio n ~~1 , IJ -I k: pw tr) 1011 ti, sl ial I tin vo to orga11 i✓.:e or- cormli11:'ltr: the or:rmiz.ntion of trnininn course:; to raise th~ 111:.1\\l•' e:-;' pro1·r:ssion <1\ q u,.,lificationi;, I){) r II kH i-,, f! ;i JI d I I pd, 1 t 1 • IP (J ;:-ti d (,,.·;I I !110. n ts {) r1 fl I cHI t protedi(J 11 .- 1,:, w1 !I I : 1:; rd l\V, 11 rt ldvv provisions Within 1 O clays aft8r grantinrJ profes:;ionnl practice certificates for the p mductior 1, procesi, inq, 1e rJottli 11 n and/or packing of plant protection druns, tho provincial/ municipal Plant Protection t,ub-Departrnonts must send the ontire dossiers of professiomil pr,1ctice certificate granting to the Plant Protection Dep<1rlrnont for monitorin9 The provir1cial/rnunicipal Plant Protection Sul) .. Departrnents must compile books to monitor the professional practice certificate granting ,md send quarterly and annual reports to the Plant Protection Department. Article 16.~ The Pia nt Protection Department shan have to guide, monitor and organize the supervision and inspection of the provincial/municipal Plant Protection Sub-Departments in the granting of professional practice certificates. For the Minister of Agriculture and Rural Deparlment Vice Minister But BA BONG