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Legal conditions for trading of fertilizer

Fertilizer trading current is one of the potential fields in Vietnam. However, not all of us know clearly how Vietnamese laws govern this potential field. Therefore, Apolat Legal publishes this article with the most detailed information about the requirements and procedures of trading fertilizer.

1. Requirements[1]
 
a. Organizations and individuals trading fertilizers must possess Certificate of eligibility for fertilizer trading ; in case of trading fertilizers manufactured by themselves, they are not required to obtain such certificate.

b. Conditions for grant of a certificate of eligibility for fertilizer trading :
  • They must have a legitimate and clear business place;
  • They must have all required documents and papers on tracing of the fertilizer origin in accordance with regulations;
  • Persons directly trading in fertilizers must possess a certificate of professional training in fertilizers according to the guidance of the Ministry of Agriculture and Rural Development, except those who possess an intermediate or higher degree in crop production, plant protection, agro-chemical geology, soil science, agronomy, chemistry, or biology.

2. Competence [2]
 
  • Provincial-level Departments of Agriculture and Rural Development shall inspect relevant conditions, grant, re-grant or revoke fertilizer trading eligibility certificates according to Form No. 11 provide in Appendix I of Decree 84/2019/ND-CP.
  • Agencies that grant fertilizer production eligibility certificates and fertilizer trading eligibility certificates (below collectively referred to as certificates) shall post such certificates on their websites immediately after granting, re-granting or revoking such certificates.
 
3. Procedure for applying Certificate of eligibility for fertilizer trading
a. Dossier[3]:
  •  An application for a fertilizer trading eligibility certificate, made according to Form No. 08 provided in Appendix I of Decree 84/2019/ND-CP.
  •  A copy of the certificate of training or further training in fertilizers or of the intermediate or higher degree of the person directly engaged in fertilizer trading as specified at Point c, Clause 2, Article 42 of the Law on Crop Production.
b. Procedure [4] :
  • A fertilizer trader shall send a dossier to the competent licensing agency.
  • Within 10 working days after receiving a complete dossier, the competent agency shall appraise the dossier and, if the dossier is valid, carry out physical inspection of fertilizer trading conditions, and make an inspection minutes according to Form No. 12 provided in Appendix I to Decree 84/2019/ND-CP.
  • In case the fertilizer trader does not satisfy the law-prescribed conditions, it/he/she shall take remedies for satisfaction of such conditions and send a notice of satisfaction of conditions to the competent agency for inspecting the remedies.
  • If the inspection results show that the fertilizer trader satisfies the law-prescribed conditions, within 3 working days after completing the inspection, the competent agency shall grant a fertilizer trading eligibility certificate according to Form No. 11 provided in Appendix I to this Decree. In case of refusal to grant such a certificate, it shall issue a written reply, clearly stating the reason.
 
 
[1] Article 42 Law on Crop Production 2018
[2] Article 13 Decree 84/2019/ND-CP
[3] Article 15 Decree 84/2019/ND-CP
[4] Article 17 Decree 84/2019/ND-CP
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