Accordingly, with regard to the act of failure to carry out testing and assessment of quality of each batch of finished fertilizers before selling them on the market, the fine range shall be increased from VND 10,000,000 - VND 15,000,000 to VND 25,000,000 - VND 30,000,000 (Clause 6 Article 6).
The act of manufacturing of fertilizers of which types are not specified in the Certificate of conformity with fertilizer manufacturing requirements/the fertilizer manufacturing License, the fine range shall be increased from VND 20,000,000 - VND 25,000,000 to VND 30,000,000 - VND 40,000,000 (Clause 8 Article 6).
Especially, for the act of manufacturing fertilizers without obtaining the Decision on authorization of sale of fertilizers in Vietnam, a fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed (Clause 9, Clause 10 Article 6).
The act of trading fertilizers during the period of research, test, a fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed.
The act of trading fertilizers without obtaining the Certificate of conformity with fertilizer trading requirements, a fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed (Clause 4 Article 7).
This Decree shall come into effect from the date of signing, except Clause 4 Article 7 which will enter into force from September 20th, 2020.
This Decree abolishes Articles 19, 20, 21, 23, 24, and 25 of Decree No. 163/2013/ND-CP dated November 12th, 2013; Clauses 18, 19, 20, 21, 22, and 23 Article 1 of Decree No. 115/2016/ND-CP dated July 8th, 2016.
1. National Center for Fertilizer Testing (Ha Noi)
2. Quality Assurance and Testing Center 3 (Quatest 3) (Ho Chi Minh city)
3. Vinacontrol Hochiminh Inspection Company Ltd
4. Vinacontrol Haiphong
5. Lao Cai Quality Assurance and Testing Center
6. FCC Control and Fumigation Joint Stock Company (Ho Chi Minh city)
7. IQC Certification and Inspection Join stock Company (Ha Noi)
8. VinaCert Certification and Inspection Join stock Company (Ha Noi)
Duration for authorization is between April 2nd, 2018 and April 1st, 2019 (01 year)
Consignments of imported fertilizers for which customs procedure shall be only completed upon obtaining the announcement of results of the State inspection of quality of fertilizers issued by any of these organizations. However, enterprises may submit the application form for the state inspection of quality of imported fertilizers certified by these organizations in order to transport fertilizers to warehouses for storage.
1. Quality Assurance and Testing Center 1 (Quatest 1)
2. Quality Assurance and Testing Center 3 (Quatest 3)
3. Vinacontrol Hochiminh Inspection Company Ltd
4. Vinacontrol Haiphong Company
5. National Center for Fertilizer Testing
6. “Trung tâm Kiểm định và kiểm nghiệm hàng hóa tỉnh Lào Cai”.
7. “Viện Năng suất chất lượng Deming”.
Authorization duration is between October 2nd, 2017 and April 1st, 2018.
Consignments of imported fertilizers shall be allowable to be transported to warehouses for storage when the foresaid authorized organizations sign and append in the application form for the state inspection of quality of imported fertilizers.
With regard trading of fertilizers, people that directly sell fertilizers must obtain certificates of professional training in fertilizers, except for people who have obtain associate degrees or higher degrees related to farming, plant protection, agronomy, chemistry or biology.
In the case of importing fertilizers which have not been recognized for the following purposes, it is required to obtain an import license: fertilizers used for testing; fertilizers used as presents or samples; fertilizers in fairs and exhibitions; fertilizers imported for producing other fertilizers for export; fertilizers used for scientific research; fertilizers used as materials for producing other fertilizers; fertilizers used for foreign projects in Vietnam.
The quality criteria prescribed in national technical regulations shall be used as bases for certification and declaration of conformity. If there is no national technical regulation, the management of fertilizer quality shall be carried out in accordance with quality criteria and testing methods prescribed in Appendix V of this Decree.
This Decree takes effect from the date of its signing. To replace Decree No. 202/2013/ND-CP dated November 27th, 2013; To abolish the regulations provided in Chapter IV of Decree No. 77/2016/ND-CP dated July 1st, 2016.
However, the fertilizer products only include the fertilizer products with these HS codes: 3105.10.20; 3105.10.90; 3105.20.00; 3105.30.00; 3105.40.00; 3105.51.00; 3105.59.00; 3105.90.00.
In addition, fertilizer products that have one of the components with the following contents shall not be subject to the application of the temporary safeguard measure: Nitrogen (N) < 7%; Phosphorus pentoxide (P2O5) < 30% and Potassium (K2O) > 3%.
The list of countries/territories that are exempted from the temporary safeguard measure is provided in the Appendix enclosed with this Announcement.
The temporary safeguard duty is VND 1,855,790/ton; it shall be applied from August 19th, 2017 and expire after March 6th, 2018 or on another day under the Ministry of Industry and Trade’s decision.
This Decision takes effect after 15 days of signing.
However, these fertilizer products are only imported through international and main border-gates. The import through other border gates or open-paths must be allowed by provincial People's Committees (Article 3).
This Circular takes effect from July 13th, 2017 and abolishes Circular No. 35/2014/TT-BCT dated October 15th, 2014.
- The imported consignment has a certificate of conformity issued by an appointed certification body;
- The labels of imported fertilizers are conformable with the laws on goods labels and the laws on goods quality;
- The imported fertilizers are safe for the environment
As the result, upon importing inorganic fertilizers, apart from providing a copy of certificate of conformity of the batch of imported fertilizers granted by an assigned certification body for the customs authorities, enterprises shall conduct the quality inspection of the imported goods.