Thông tư 20/2014/TT-BNNPTNT

CIRCULAR

REGULATING A NUMBER OF CONTENTS ON ASSIGNMENT AND AUTHORITY TO MANAGE THE AGRICULTURAL MATERIALS

Pursuant to the Fisheries Law 2003;

Pursuant to the Law on quality of products and goods 2007;

Pursuant to the Ordinance on Plant Protection and Quarantine;

Pursuant to the Ordinance on livestock breeding 2004;

Pursuant to the Ordinance on plant breeding 2004;

Pursuant to the Ordinance on Veterinary Medicine 2004;

Pursuant to Decree No. 08/2010 / ND-CP dated February 5, 2010 on management of animal feed;

Pursuant to Decree No. 199/2013 / ND-CP dated November 26, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director of Legal Department;

The Minister of Agriculture and Rural Development issued Circular stipulating a number of contents on the assignment and authority to manage the agricultural materials.

Chapter I

GENERAL REGULATION

Article 1. Scope

1.This Circular defines a number of contents on the assignment and authority to manage the agricultural materials related to the recognition of establishments eligible for experimenting, testing. The experimenting, testing, recognition and registration for circulation of agricultural materials in Vietnam are the responsibility of state management of the Ministry of Agriculture and Rural Development.

2. The agricultural materials in this Circular in this Circular include:

a) The livestock breeding (including the livestock breeding and aquatic breeding);

b) Aquatic breeding (including the main agricultural crops and forestry crops);

c) Animal feed (including animal feed, growth stimulants used in livestock raising and aquaculture feed);

d) Products for treating and improving environmental in aquaculture;

dd) Plant protection products, including growth regulators for plants;

e) Veterinary medicine

Article 2. Subjects of application

This Circular applies to individuals and organizations having operation related to the experimenting, testing, recognition and registration for circulation of agricultural materials in Vietnam.

Article 3. Implementation of regulations of law on intellectual property

The specialized management organ of agricultural materials specified in Article 4 of this Circular is responsible for inspecting and monitoring the implementation of regulations of law on intellectual property during the reviewing, recognition and permission for registering the circulation of agricultural materials in Vietnam.

Chapter II

REGULATION ON ASSIGNMENT AND AUTHORITY TO MANAGE THE AGRICUTURAL MATERIALS

Article 4. Assignment of specialized management organ of agricultural materials

Assigning the leading specialized management organ of experimenting, testing, recognition and registration for circulation of agricultural materials in Vietnam as follows:

1. The Directorate of Fisheries shall receive, verify and process dossiers of aquatic breeding, aquatic feed and products for treating and improving environmental in aquaculture;

2. The Vietnam Administration of Forestry shall receive, verify and process dossiers of forestry crops;

3. Department of livestock production shall receive, verify and process dossiers of livestock breeding, animal feed, including the growth stimulants used in livestock raising;

4. Department of Crops Production shall receive, verify and process dossiers of main agricultural crops;

5. The plant protection Department shall receive, verify and process dossiers of plant protection products, including growth regulators for plants;

6.Animal Health Department shall receive, verify and process dossiers of veterinary medicine.

Article 5. Authority to recognize establishments eligible for experimenting and testing of agricultural materials

1. The specialized management organ specified in Article 4 of this Circular is responsible for:

a) Receiving dossiers, verifying the establishment eligible for experimenting and testing of agricultural materials;

b) Submitting these dossiers to the Minister for opinions on recognizing the establishment eligible for experimenting and testing of agricultural materials;

c) Issuing Decision on recognizing the establishment eligible for experimenting and testing of agricultural materials after the Minister’s approval;

d) Inspecting and supervising operation of the establishments experimenting and testing the agricultural materials;

2. Department of Science, Technology and Environment shall coordinate with the Legal Department to verify dossiers submitted to the Minister by the specialized management organ.

3. Contents of verification of dossiers submitted to the Minister:

a) Completeness and validity of dossiers;

b) Implementation of procedures for recognizing the experimenting and testing establishment;

4. Components of dossier for submission to the Minister:

a) The report to the Minister should indicate the necessity, implementation process; summary of verification result of establishment eligible for experimenting and testing the agricultural materials; making assessing and proposal for each case of registration for recognizing the establishment eligible for experimenting and testing the agricultural materials;

b) List of experimenting and testing establishments which have been verified, assessed and proposed for recognition by the specialized management organ;

c) Report of the inspection and assessment team;

d) Dossier to register the establishments eligible for experimenting and testing the agricultural materials;

dd) Draft Decision on recognition of establishments eligible for experimenting and testing the agricultural materials;

Article 6. Authority to permit the experimenting and testing of agricultural materials, except for the main agricultural crops and forestry crops

1. The specialized management organ is responsible for:

a) Receiving and verifying dossiers for registration of experimenting and testing of agricultural materials subject to the experimenting and testing.

b) Submitting such dossiers to the Minister for opinions on experimenting and testing of agricultural materials;

c) Issuing Decision on permission for experimenting and testing or the experiment Permit after having the Minister’s approval.

2. Department of Science, Technology and Environment shall coordinate with the Legal Department to verify dossiers submitted to the Minister by the specialized management organ.

3. Contents of verification of dossiers submitted to the Minister:

a) Completeness and validity of dossiers;

b) Implementation of procedures for recognizing the experimenting and testing establishment;

4. Components of dossier for submission to the Minister:

a) The report to the Minister should indicate the necessity, implementation process; summary of verification result of establishment eligible for experimenting and testing the agricultural materials; making assessing and proposal for each case of registration for recognizing the establishment eligible for experimenting and testing the agricultural materials;

b) Verification report of the specializes management organ;

c) Dossier to request the issue of permit and registration of experimenting and testing of the establishment;

d) Draft Decision on permission for experimenting and testing or experiment Permit.

5. The specialized management organ shall provide guidelines, inspect and supervise the experimenting and testing of agricultural materials.

6. The specialized management organ shall request the issue of national technical Regulation on experimenting and testing of agricultural materials. Based on such Regulation, the head of specialized management organ shall approve the experiment outline and supervise the process of experimenting and testing. In case there has not been the national technical Regulation, the head of specialized management organ shall provide the guidance on formulation and approval for the experimenting and testing outline on the basis of opinions of the Department of Science, Technology and Environment and the specialized science Committee or consultation Committee (hereafter referred to as the Committee);

Article 7. Authority to recognize and register the circulation of agricultural materials

1. In case subject to experimenting and testing:

The head of specialized management organ is responsible for:

a) Receiving dossiers, verifying them and the result of experimenting and testing under current regulations of law;

b) Forming a Committee to evaluate the result of experimenting and testing;

c) Considering the opinions of the specialized scientific Committee;

d) Submitting such dossiers to the Minister for opinions on recognition and registration of circulation of agricultural materials;

dd) Issuing the recognition Decision or the registration Certificate or the new agricultural material circulation Certificate after having the approval from the Minister.

2. In case not subject to experimenting and testing:

The head of specialized management organ is responsible for:

a) Supervising the testing process;

b) Verifying dossiers for registration of circulation of agricultural materials under current regulations of law;

c) Submitting such dossiers to the Minister for opinions about the permitted registration of circulation of agricultural materials;

d) Issuing the recognition Decision or the new agricultural material circulation Certificate after having the approval from the Minister.

3. Department of Science, Technology and Environment shall coordinate with the Legal Department to verify the dossiers submitted to the Minister by the specialized management organs specified at Point Article, Clause 1, Point c, Clause 2 of this Article;

4. Verification contents of dossiers for submission to the Minister:

a) Completeness and validity of dossiers;

b) Implementation of recognition process of agricultural materials.

5. Components of dossier for submission to the Minister:

a) The report to the Minister should indicate the necessity, implementation process; summary of result of experimenting and testing, assessment and proposal for each agricultural material;

b) List of agricultural materials which has been verified, assessed and proposed for recognition by the competent management organ;

c) Minutes of verification Committee related to the products which must be experimented and tested;

d) Verification report of the specialized management organ;

dd) Dossiers to request the recognition or dossier for issue of agricultural material registration Certificate;

e) Draft Decision on recognition and registration of circulation of agricultural materials;

Article 8. Issue of List of agricultural materials permitted for circulation in Vietnam

1. In the first quarter of each year, the specialized management organs under their assigned functions and duties shall review and submit the List of agricultural materials permitted for circulation in Vietnam to the Minister for issue.

2. Quarterly, the specialized management units shall aggregate and request the Minister to issue the Circular on the List amending and adding the agricultural materials permitted for circulation in Vietnam.

Article 9. Removal from the List of agricultural materials permitted for circulation in Vietnam

1. Removal from the List of agricultural materials permitted for circulation in Vietnam:

a) Products containing active substances banned from use in accordance with current regulations of the Ministry of Agriculture and Rural Development;

b) Products harmful to the production, environment, food safety and human health re-assessed by the Committee under the regulation;

c) Products under circulation but not in conformity with international regulations in which Vietnam is a member;

d) Certificate or recognition Decision of products is expired but the establishment has not re-registered for circulation;

dd) Products have been registered for circulation but the business and production establishment of such products has terminated its operation;

e) Products are in violation of industrial property rights for products which have been registered for circulation;

g) Sản phẩm bị rút Giấy chứng nhận lưu hành tại nước xuất khẩu.

Products which have been drawn their circulation Certificate in the exporting country.

2. Based on the cases specified in Clause 1 of this Article, the specialized management organ shall aggregate and request the Minister to issue the decision on removing the agricultural materials out of the List of agricultural materials permitted for circulation in Vietnam.

Chapter III

IMPLEMENTATION PROVISION

Article 10. Effect

1.This Circular takes effect on August 11, 2014.

2. This Circular annuls the following provisions:

a) Clause 2, Article 5 of Circular 66/2011/TT-BNNPTNT dated October 10, 2011 of the Minister of Agriculture and Rural Development detailing a number of articles of Decree No. 8/2010/ND-CP dated February 05, 2010 of the Government on management of animal feed.

b) Article 15 of Decision No. 10/2006/QD-BNN dated February 10, 2006 of the Minister of Agriculture and Rural Development on defining the procedures for registration of production, import and circulation of veterinary medicine, raw materials for veterinary medicine, biological products, microorganisms and chemicals for veterinary use.

c) Point c, Clause 4, Article 7 of Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Minister of Agriculture and Rural Development on management of plant protection products;

Article 11. Responsibility for implementation

1. The units under the Ministry and the organizations and individuals concerned are liable to execute this Circular.

2. Any problem arising during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for aggregation and submission to the Minister for review and decision./.