Decision No. 97/2008/QD-BNN on the issuance of licenses to produce process đã được thay thế bởi Circular No. 21/2015/TT-BNNPTNT pesticide product administration và được áp dụng kể từ ngày 01/08/2015.
Nội dung toàn văn Decision No. 97/2008/QD-BNN on the issuance of licenses to produce process
THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 97/2008/QD-BNN | Hanoi, October 06th 2008 |
DECISION
ON THE ISSUANCE OF LICENSES TO PRODUCE, PROCESS, BOTTLE, PACKAGE, AND TRADE PESTICIDES
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Government's Decree No. 01/2008/ND-CP dated January 03rd 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development;
Pursuant to the Ordinance on Plant quarantine and plant protection 2001;
Pursuant to the Government's Decree No. 58/2002/ND-CP dated June 03rd 2002, promulgating the Regulation on plant protection and the Regulation on the management of pesticides;
Pursuant to the Law on Enterprises 2005 and the Government's Decree No. 88/2006/ND-CP dated August 29th 2006 on business registration;
Pursuant to the Government's Decree No. 59/2006/ND-CP dated June 12th 2006, elaborating the Law on Commerce applicable to the goods and services banned from trading, restricted from trading, and traded on conditions;
At the request of the Director of the Department of Plant Protection,
DECIDES:
Article 1. Promulgating the “Regulation on the issuance of Licenses to produce, process, bottle, package, and trade pesticides” and 03 Annexes together with this Decision.
Article 2. This Decision takes effect after 15 days from the day on which it is published on the Official Gazette. The Decision No. 91/2002/QD-BNN dated November 11th 2002 of the Minister of Agriculture and Rural development, promulgating the Regulation on licensing the production, processing, bottling, packaging, and trading of pesticides is annulled
Article 3. The Chief of the Ministry Office, the Director of the Department of Plant Protection, Heads of units affiliated to the Ministry of Agriculture and Rural development, Directors of Services of Agriculture and Rural development, Directors of provincial Sub-department of Plant protection, relevant organizations and individuals are responsible for the implementation of this Decision./.
| PP THE MINISTER |
REGULATION
ON THE ISSUANCE OF LICENSES TO PRODUCE, PROCESS, BOTTLE, PACKAGE, AND TRADE PESTICIDES
(Promulgated together with the Decision No. 97/2008/QD-BNN dated October 06th 2008 of the Minister of Agriculture and Rural development)
Chapter I
GENERAL PROVISIONS
Article 1. Abstract
Licenses to produce, process, bottle, package, and trade pesticides (hereinafter referred to as Licenses) are papers issued by provincial Sub-departments of Plant Protection to the individuals qualified to produce, process, bottle, package, or trade pesticides.
Article 2. License holders
1. Licenses are only issued to individuals, not organizations.
2. In enterprises (state-owned companies, limited liability companies, joint-stock companies, partnerships, private enterprises) and cooperatives that produce, process, bottle, package, and trade pesticides, the following persons must hold the Licenses:
a) The persons directly manage the production, processing, bottling, and packaging of pesticides in factories and facilities.
b) Directors or General Directors of limited liability companies, joint-stock companies, or private enterprises. Members of partnerships.
c) Managers or deputy managers of branches of a enterprise.
d) One of the managers of a pesticide shop of an enterprise or cooperative that provides plant protection services.
3. Managers of pesticide shops at fixed locations must hold the Licenses.
Article 3. Authority and responsibility to issue Licenses
Provincial Sub-departments of Plant Protection (hereinafter referred to as Sub-departments of Plant Protection) shall issue the Licenses.
Sub-departments of Plant Protection shall receive, examine the dossiers, and issue or extend the Licenses.
The License shall be issued or extended within 05 working days from the day on which the complete and valid dossier is received. Where an applicant for the License resides in a remote area or inconvenient area (the dossier must be submitted via a Plant protection station of the district), the time limit is 15 working days from the day on which the complete and valid dossier is received. If the License is not issued for some reason, the Sub-department of Plant Protection must notify the applicant in writing.
Article 4. The scope, deadline, template of License, the fee for License issuance
1. A License is only valid within the central-affiliated city or province in which it is issued.
2. A License is valid for 03 year from the date of issue. When a License expires, its holder must apply for the extension.
If the License holder fails apply for the extension after 01 month from the expiration date of the License, the License shall not be extended by the Sub-department of Plant Protection. In special cases in which the License holder is sick, suffers from natural disasters, or has an accident, and such incident is certified by the local government, the time limit shall be extend, but shall not exceed 03 months.
Where a License is lost, its holder must immediately notify the Sub-department of Plant Protection that issued it, and apply for the reissuance.
3. The templates of the License are provided in Annex 4 and Annex 5, and used nationwide.
4. The persons issued with the Licenses, or having their Licenses extended must pay fees as prescribed by law.
Article 5. Condition for operation
The License is one of the conditions for operation. Organizations and individuals may produce, process, bottle, package, or trade pesticides as long as all conditions prescribed in Article 7 and Article 16 of the Regulation on the management of pesticides, promulgated together with the Government's Decree No. 58/2002/ ND-CP, are met through out the operation, then the Certificate of eligibility for trading pesticides in the Government's Decree No. 59/2006/ND-CP shall be exempt.
Article 6. Prohibited acts
1. Lending and leasing Licenses;
2. Using Licenses for other purposes.
3. Falsifying Licenses.
License holders that commit the acts above shall be penalized as prescribed by law.
Chapter II
LICENSES TO PRODUCE, PROCESS, BOTTLE, AND PACKAGE PESTICIDES
Article 7. Licensing conditions
The conditions for issuing the License to produce, process, bottle, or package pesticides are specified in Article 8 of the Regulation on pesticide management, promulgated together with the Government's Decree No. 58/2002/ ND-CP.
Article 8. Procedure for issuing and extending Licenses
1. The dossier of application for the License:
a) The application for the License (Annex 1);
b) The copy of the Bachelor’s degree in chemistry or agriculture (farming or plant protection) or higher;
c) A résumé certified by the local People’s Committee or the enterprise responsible for the applicant;
d) A health certificate issued by a district-level medical center or higher within the previous 06 months;
dd) 03 4x6 photos.
2. The dossier of application for the License extension:
a) The application for the License extension (Annex 1);
b) A health certificate issued by a district-level medical center or higher within the previous 06 months;
c) The Certificate of completion of training courses in professional knowledge and new law documents held by the Sub-department of Plant Protection. If the License holders fails to take the training courses, he must apply for the License as prescribed in Clause 1 of this Article when the License expires.
Chapter III
LICENSE TO TRADE PESTICIDES
Article 9. Licensing conditions
The conditions for issuing the License to trade pesticides are specified in Article 17 of the Regulation on pesticide management, promulgated together with the Government's Decree No. 58/2002/ ND-CP.
Article 10. Procedure for License issuance and extension
1. The dossier of application for the License:
a) The application for the License (Annex 2 and Annex 3);
b) The copy of an intermediate diploma in agriculture or forestry or higher (in farming, plant protection, or biology), or the certificate of professional training in pesticides issued by the Sub-department of Plant Protection;
c) A résumé certified by the local People’s Committee or the enterprise responsible for the applicant;
d) A health certificate issued by a district-level medical center or higher within the previous 06 months;
dd) 03 4x6 photos.
2. The dossier of application for the License extension:
a) The application for the extension of the License (Annex 2 and Annex 3);
b) A health certificate issued by a district-level medical center or higher within the previous 06 months;
c) The Certificate of completion of training courses in professional knowledge and law held by the Sub-department of Plant Protection. If the License holders fails to take the training courses, he must apply for the License as prescribed in Clause 1 of this Article when the License expires.
Article 11. The program of training courses and certificate of professional training in pesticides
1. The program of training courses.
a) Contents:
- The law documents on plant quarantine and plant protection related to pesticides.
- The law documents on trading related to the trade of pesticides.
- The law documents on penalties for administrative violations related to pesticides.
- The law documents and regulations on the quality, hygiene, and safety of the production and use of agricultural products and foods related plant quarantine and plant protection.
- Fundamental knowledge about the pests, pesticides, preventative measures, the use of pesticides, and the impacts of pesticides on the environment and human health.
- The regulations on the safety in the circulation, supply, preservation, trade, and use of pesticides. The instructions to safely and efficiently use pesticides.
- Field trips.
b) The training period is 03 months (12 weeks)
The Sub-department of Plant Protection shall organize, or cooperate with local vocational schools in organizing training courses in accordance with the program in Point a Clause 1 of this Article. After the course, the Sub-department of Plant Protection shall set an examination and issue the certificates of professional training in pesticides (Annex 6).
2. The certificate of professional training in pesticides is valid nationwide for 03 year from the date of issue.
Chapter IV
IMPLEMENTATION RESPONSIBILITY
Article 12. Responsibilities of License holders
License holders shall practice in accordance with the Licenses issued, attend the training courses in professional knowledge and new law documents held by Sub-departments of Plant Protection in order to improve their proficiency and grasp the laws on the management and use of pesticides, as a basis for the License extension.
License holders must report their operation to the Sub-departments of Plant Protection that issued such Licenses at their request. The change of the business location must be notified to the Sub-department of Plant Protection in writing.
Article 13. Responsibilities of Sub-departments of Plant Protection
Sub-departments of Plant Protection shall hold the training courses in professional knowledge, disseminate and update the new law documents on pesticides and relevant new laws, and issue the Certificates (Annex 7). These certificates are a condition for License extension.
Within 10 days from the day on which the License to produce, process, bottle, or package pesticides is issued, the Sub-department of Plant Protection must send the photocopies of all papers in the dossier of application for the License to the Department of Plant Protection for monitoring.
The Sub-department of Plant Protection must keep the dossiers and monitor the issuance of Licenses. Reports must be sent to the Department of Plant Protection every quarter and every year.
Article 14. Responsibilities of the Department of Plant Protection
The Department of Plant Protection shall instruct, monitor, and inspect the License issuance of Sub-departments of Plant Protection./.
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