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Circular 17/2011/tt-Bnnptnt: Modify, Supplement, Abolish Some Regulations On Administrative Procedures In The Field Of Cultivation According To Resolution No. 57/nq-Cp On December 15, 2010

Original Language Title: Thông tư 17/2011/TT- BNNPTNT: Sửa đổi, bổ sung, bãi bỏ một số quy định về thủ tục hành chính trong lĩnh vực trồng trọt theo Nghị quyết số 57/NQ-CP ngày 15 tháng 12 năm 2010

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CIRCULAR additional amendments, repeal some regulations on administrative procedures in the field of cultivation according to resolution No. 57/NQ-CP on December 15, 2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development; Decree No. 75/2009/ND-CP on February 10, 2009 by the Government on the amendment of article 3, Decree No. 01/2008/ND-CP dated 9 January 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
Pursuant resolution No. 57/NQ-CP on December 15, 2010 by the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of agriculture and rural development;
The Ministry of agriculture and rural development modification, Supplement, abolish some regulations on administrative procedures in the field of cultivation according to resolution No. 57/NQ-CP on December 15, 2010 is as follows: article 1. Modifying, supplementing a number of articles the certification regulation processes of good agriculture practice (VietGAP) for vegetables, fruits and tea safe attached to decision 84/2008/QD-BNN on July 28, 2008 of Ministry of agriculture and rural development (hereinafter the decision 84/2008/QD-BNN) 1. The name of the regulations be amended and supplemented as follows: "regulations of certification process for good agriculture practice (VietGAP) for agriculture products" 2. Article 1 be amended and supplemented as follows: "article 1. Scope and objects 1. This regulation regulates the sequences, procedures and responsibilities of the agencies, organizations, individuals in the agriculture product certification are suitable production process of good agriculture practice (VietGAP).
2. this Regulation applies to State agencies, institutions and organizations, individuals register certified cultivation was suitable production process of good agriculture practice (VietGAP) ".
3. Article 2 is modified and supplemented as follows: ' article 2 '. Explain the wording Of decision 84/2008/QD-BNN words are construed as follows: 1. The process for the production of good agricultural practice (VietGAP-Vietnamese Good Agricultural Practices) for cultivation are the principle, sequence, procedure, organization of individual production, harvesting, processing in order to assure the enhance product quality, ensure social welfare, health, producers and consumers, protect the environment and to trace the origins of products by the Ministry of agriculture and rural development issued or the standards GAP by the Ministry of agriculture and rural development regulations.
2. product certification organisations crop production consistent process of good agriculture practice (hereinafter the certificate of organization VietGAP) is eligible under the rules and are competent State agencies.
3. individual producers or producer organisations, agriculture products processing certificate registration process for good agricultural production practices (VietGAP).
4. the certification process for the production of good agricultural practice for agriculture products (hereinafter the certificate VietGAP) is the assessment and validation of products the cultivation of proper manufacturer of process of good agriculture practice (VietGAP) ".
4. Clause 5 article 4 is modified and supplemented as follows: "article 4. Form check 5. Internal testing by the manufacturer himself or hired to test self-assessment practice of producing, recording and filing process, good agriculture practice (VietGAP) for cultivation ".
5. Paragraph 1 article 5 be amended and supplemented as follows: "article 5. Certification VietGAP registration 1. Manufacturers respond to the process of good agriculture practice (VietGAP) for agriculture products posted 01 record registered VietGAP certificate of certification organization. Registration documents are: a) VietGAP certification certificate according to the model in annex 1 attached to this circular. In case the producer certification test registration VietGAP is organizing more members shall submit a list of members (name, address, location, an area of production);
b) map plots and award manufacturing area subdivision, a presentation on the design, layout, production area of post-harvest handling, processing, storage;
c) internal test results in accordance with article 8 of decision 84/2008/QD-BNN ".
6. Paragraph 1 article 7 be amended and supplemented as follows: "article 7. Check the monitor 1. Check certification organization of periodic monitoring or unscheduled maintenance made VietGAP of the producer. The frequency of surveillance inspections are determined based on the maintenance procedure of good agriculture practice (VietGAP) for the cultivation of products manufacturers ".
7. Paragraph 1 article 8 be amended and supplemented as follows: "article 8. Internal inspection 1. The manufacturer must conduct an internal inspection at least once a year to evaluate the suitability of the practice of producing, recording and filing process, good agriculture practice (VietGAP) for cultivation ".    
8. Article 10 is amended and supplemented as follows: "article 10. Announced products manufactured conform VietGAP personal organizer, announced agriculture products produced conform VietGAP in the genus quality measurement standards Bureau in the Department of science and technology according to the provisions of article 15, article 16 rules of qualified certification, certification of conformity and standards announced , the rules promulgated by decision No. 24/2007/QD-BKHCN on September 28, 2007 of the Ministry of science and technology ".
9. Article 13 is amended and supplemented as follows: ' article 13. Conditions for certification organization 1. Business units, enterprises, research institutes or branches of foreign certification organizations in Vietnam are designated as organizations certified as satisfying the following conditions: a) has the organizational structure meet the test, reviews; the certification decision and ensure that people decide whether the certificate is not the person who conducted the test, reviews;
b) contains the rules of procedure, process, maintain, renew, warning, suspension and revocation of certificates VietGAP ensure the objectivity, accuracy and compliance with the provisions of this regulation;
c) Have rules of order and procedure of sampling, testing, make sure the test is done in the test room be recognized or specified on the reviews of the norms on safe food hygiene;
d) contains the provisions on the procedure to resolve the comments reflect, complaints and disputes related to the certification of VietGAP;
DD) officers have professional (horticulture, plant protection, biological sciences) University degree, certificate training on VietGAP and have experience from 3 (three) years.
2. The recognized organization standard ISO 7457:2004 or ISO/IEC Guide 65:1996-General requirements for the system governing certificate prece­dence considering specify hosted certification ".
10. Item 2 article 14 be amended and supplemented as follows: "article 14. Order and registration procedures and specify the certification organization 2. Qualified organization according to the provisions of article 13 of decision 84/2008/QD-BNN send 1 the registration documents to be assessed, designated as certified organizations about the Agency specified. The records include: a) Registration Certificate VietGAP certificate according to the specimen in Appendix 2 attached to this circular;
b) a copy of the decision to establish or business registration certificate or investment certificate (authenticated copies or copies carry the originals to collate);
c) The documents that the management system and operational capacity certification in accordance with the conditions specified in article 13 of decision 84/2008/QD-BNN;
VietGAP certificate template;
DD) results the certification operations has made in the field of registration (if any) ".
11. Article 19 paragraph 1 b is amended and supplemented as follows: "article 19. The responsibility and authority of the organization responsible for certification: b) on the basis of sequence, testing procedures, certification VietGAP for cultivation in decision 84/2008/QD-BNN, construction details, test procedure sequencing, VietGAP certification for each specific product and notify the Agency organizations and individuals concerned; "
12. Paragraph 1 Article 22 be amended and supplemented as follows: "article 22. The responsibilities and powers of the Department of agriculture and rural development 1. Responsibilities: a) elaborate and implement the planning and management of the facility, the production of agriculture products to fit local management in VietGAP;
b) guide the construction affiliate organizations (collaborative, cooperative, ...) in the production of agriculture products to fit VietGAP;
c) monthly reports list of certified organizations, list of producers is granted, warning, suspension, revocation of the certificate of VietGAP of Agriculture Bureau;
d) announced on the mass media the list of certified organizations, list of manufacturers were granted, be warned, suspended, revoked the certificate of VietGAP in range management ".
13. Abolition annex 7 on sample announced products manufactured according to VietGAP and annex 8 of the sample reported receiving a publication produced by VietGAP.
Article 2. Modifying, supplementing a number of articles regulated production management, vegetable, fruits, tea trading safely attached to decision No 98/2008/QD-BNN on 15/10/2008 of the Ministry of agriculture and rural development (hereinafter the decision No 99/2008/QD-BNN) 1. Article 3 be amended and supplemented as follows: "article 3. Production conditions, processing vegetables, the result of safety pending the promulgation of technical standards regarding the conditions of production, processing of vegetables, fruits, to be granted the certificate of eligible production, preliminary processing of vegetables, fruits, the producer, the processing must meet the following basic conditions : 1. vegetable production conditions, the results of a security) personnel-Have or hiring technical staff specialized in horticulture or plant protection from intermediate upwards to guide, monitor vegetable production techniques, the results of safety (officials of the production facilities, agricultural extension officers, plant protection or employment contract often or not often);

-Workers must through technical training, training certificate of the Department of agriculture and rural development or organization had the function training on VietGAP and production management provisions, tea, fruits, vegetables business.
b) soils and can price-the land planted to in planning are the people's committees of provinces and cities. Not affected directly the industrial waste, waste from the settlements, the hospital, the slaughter of cattle, cemeteries, roads;
-A number of heavy metals in the soil, could price before production and in the production process (check to see pollution risk) does not exceed the permitted threshold outlined in Appendix 1 of decision No 98/2008/QD-BNN.
c) irrigation water-do not use industrial wastewater, waste water from hospitals, residential, farm, livestock slaughter to irrigate fruit and vegetables directly to tea;
-Concentrations of some chemicals and heavy metals in the water before the production and in the production process (check to see pollution risk) does not exceed the allowed threshold mentioned in annex 2 of the decision No 98/2008/QD-BNN;
-Water used in the production of vegetable sprouts are standard of living water for people.
d) production process vegetables, fruit safe manufacturers build production processes conform with crops and specific local conditions, but must conform to the rules of safe food hygiene have in VietGAP.
DD) the manufacturer is committed to ensuring food safety and hygiene have recorded the whole production process according to the VietGAP.
2. preliminary conditions safe vegetables a) staff must meet the conditions outlined in section a of paragraph 1 of article 3 of decision 98/2008/QD-BNN and periodic health checks, ensure non-infectious diseases according to the current rules of the Ministry of health;
b) have the location, the Factory tool, preliminary processing, product packaging, Transport ensure the conditions of hygiene and food safety according to VietGAP;
c) water used to wash vegetables, the fruit must be of standard by decision No. 1329/2002/QD-BYT on April 18, 2002 by the Minister of health on issuing water hygiene standard of eating;
d) contract to buy vegetables, fresh fruit, fruit vegetable producer's safety (in the case of purchase of raw materials to processing);
DD) preliminary House is committed to ensuring food safety and hygiene have recorded the entire process of preliminary processing by VietGAP;
e) preliminary process vegetables, fruit Home Safety and preliminary processing build process prepared in accordance with the rules of safe food hygiene have in VietGAP ".
2. Article 5 be amended and supplemented as follows: "article 5. Order and procedure for certification of eligible production, preliminary processing of vegetables, the result of safety 1. The manufacturer submit 1 (one) record registration certificates proposal eligible production, preliminary processing of vegetables, the result of safety Department of agriculture and rural development, production records, including: a) the petition qualified certification of production and processing of vegetables, the fruit is safe according to the model in Appendix 3 attached to this circular;
b) affidavit of production conditions, processing vegetables, the fruit is safe according to the model in annex 5 of decision 98/2008/QD-BNN.
2. Order a) within a period of 3 (three) working days, the Department of agriculture and rural development evaluation of adequacy under the provisions of the record;
b) within a period of 5 (five) working days from the date of receipt of the full profile as specified, the Department of agriculture and rural development formed the mission from 3-5 people;
c) within a period of 5 (five) working days from the date of promulgation of the decision establishing the mission, the mission conducted testing; When necessary, the soil, water sampling for analysis; set the minutes certified by appraisal mission representatives and manufacturers;
d) eligible cases, the time limit for issuing the certification decision is 5 (five) working days since the date of valuation thereon have not guarantee conditions, the mission stated in the report on the evaluation of these indicators have yet to meet the requirements and the time limit to remedy manufacturer. After receiving the report, the Corps fix appraisal conducted test and certification proposal as satisfactory.
3. The certificate of eligible production, processing vegetables, fruit effect safety is 5 (five) years.
Before the certificate expired 1 (one) month, the manufacturer must submit 1 (one) the recommended records reissued certificate eligible production, preliminary processing of vegetables, the result of safety Department of agriculture and rural development include: + application eligibility certification of production preliminary processing of vegetables, the fruit is safe according to the model in Appendix 3 attached to this circular;
+ Declaration of production conditions, processing vegetables, the fruit is safe (if there are changes in comparison with the first registration);
+ Production results report, prepared vegetables, fruit safety in time certification (for the case of the certificate expired);
+ Fix report (for the case revoked the certificate of eligible production, preliminary processing of vegetables, the fruit is safe).
-Time, sequence, time limit for re-issuance of certificates of qualified production, preliminary processing of vegetables, fruits as safety certification procedure.
-The certificate of eligible production, preliminary processing of vegetables, the result is again in force is 5 (five) years.
4. certification profile eligible production, preliminary processing of vegetables, fruits are stored at the Department of agriculture and rural development, and manufacturers to serve the inspection, the Inspector.
5. where the manufacturer has held certification reviews and VietGAP certification is not submitted registration documents certificate of eligible production, preliminary processing of vegetables, the result safe for the Department of agriculture and rural development. "
3. additional eligibility certificate templates produce, vegetables, preliminary results of safe (Appendix 3 attached to this circular).
Article 3. Modifying, supplementing a number of articles about production management regulations, business industrial plants and fruit trees, perennial attached decision 64/2008/QD-BNN on 23/5/2008 of the Ministry of agriculture and rural development (hereinafter the decision 64/2008/QD-BNN) 1. Article 3 be amended and supplemented as follows: "article 3. The same sources recognized registration 1. Applying organizations, individuals in need of registration recognizing the same source posted 01 record directly or through the post Office of the Department of agriculture and rural development, where the same source, records include: a Single recognized source of recommendation) the same industrial plants, fruit trees (Appendix 5 attached to this circular);
b) other related documents: diagram of a garden, the report summarizes the history of the same source; productivity, quality, resistant pests, condition any consent of the same source; results of studies or previous contest.
2. Receiving and handling of records Department of agriculture and rural development, reception, registration review recognized the same source the following sequence: a) within 3 working days from the date of receipt, the receiving Department must check for adequacy of records as specified case records are incomplete, they must inform and guide the Organization, complete the personal profile.
b) within 45 working days from the date of the application under the regulations, the Department of agriculture and rural development and profile processing results. "
2. Account 3.4 Article 4 be amended and supplemented as follows: "3. Certification of same source a) to base thereon reviews of national peace Council tree top line, the first line of garden-evaluation, the Director of the Department of agriculture and rural development, to consider and decide the same source certification (Appendix 02a 809, issued the attached decision 64/2008/QD-BNN);
b) the term of the certificate of the same source is 5 (five) years with top of the line and the citrus garden S0 since recognized ".
4. Reissuance of certificates of the same source a) before the expiration of 3 (three) months, if the source server has registered needs to recognize the same source again, must send 1 record directly or through the post Office of the Department of agriculture and rural development to consider, resolve (including the same source be competent bodies recognized prior to this Regulation).
b) registration documents recognized the same source again, including: form recognition source like; a copy of the decision once the most recognized; diagram of the same source, summary report on growth, productivity, quality, the number of breeding material exploitation during times recognized the same source.
c) sequence, the time limit for resolution-within 3 working days from the date of receipt, the receiving Department must check for adequacy of records according to the rules, the case records are incomplete, they must inform and guide the Organization, complete the personal profile.
-Within 15 working days from the date of the application under the regulations, the Department of agriculture and rural development, the actual base is the process of care, use, growth of the same source, if eligible, receive the same source.
d) time limit in effect of the same source after recognizing again is 12 years. "article 4. Additional security application form test data into decision No. 69/2006/QD-BNN on June 13, 2006 by the Minister of agriculture and rural development (Appendix No. 6 attached to this circular) article 5. Modification, addition, removal of some articles of circular No. 32/2009/TT-BNNPTNT on June 17, 2010 of the Ministry of agriculture and rural development, regulations and operations management the sampling, the test laboratory accreditation organizations, seed, and fertilizer plant products as follows : 1. name of the revised circular: "regulations on the sampling, the test, the same quality certification organizations, crop and fertilizer products".
2. Article 1 is amended and supplemented as follows: "article 1. Scope and application objects

1. This circular regulates training, certification training, the sampling inspection; conditions, sequence, procedures and management activities of the organization certified the quality of seed, plant products, fertilizers are the responsibility of management of the Ministry of agriculture and rural development.
2. This circular apply to organizations and individuals with activities related to training, certification training, the sampling inspection; assign and manage the activities of the organization certified the quality of seed, fertilizer and crop products according to the areas specified in annex 7 of this circular ".
3. Paragraph 8 article 2 be amended and supplemented as follows: "article 2. Explanation of terms 8. Monitoring is the specified agency conduct capacity assessment, the management system and the results certified by the certification organization after being appointed. "
4. Article 3 is amended and supplemented as follows: "article 3. Conditions of the sampling, the test is practice 1. Is the person in the State administration, business units, enterprises, cooperative activities in the field of training proposal;
2. Have the certificate (the certificate) has been training on seed testing, seed sampling, plant products, fertilizers. "
5. Paragraph 4 Article 5 be amended and supplemented as follows: "article 5. Conditions specified certification organization 4. Or rent the sampling, the test certificate training, accredited testing rooms or be assigned "6. Clause 2.7 article 8 be amended and supplemented as follows: "article 8. Registration documents specify the certification organization 2. A copy of the decision to establish or business registration certificate or certificate of investment;
7. Copy the certificate recognized certification organization recognized by the Organization and the relevant documents of the scope (if any). "
7. Article 9 be amended and supplemented as follows: "article 9. Reception and evaluation of profile specifies the certification organization 1. Registered certification organizations operate on nationwide posted 01 (a) record directly or by post on the Agriculture Bureau, Ministry of agriculture and rural development.
2. product certification organizations registered plants operate on ranges of 12 provinces and cities sent 01 (a) record directly or through the post Office of the Department of agriculture and rural development, where the certification organization headquarters.
3. Agriculture Bureau, the Department of agriculture and rural development, reception, appraisal records; cases of erroneous records shall within 5 (five) working days from the date of the application, to notify the organization or individual submitting the profile contents need repairs, additions. "
8. Article 10 is amended and supplemented as follows: "article 10. Training, certification training for people who grab control model 1. The personal certificate of the sampled cultivars, plant products, fertilizers or seed testing must attend a training class about sample seed, plant products, fertilizers or seed due accreditation units have organized training function and have the test results average back up after training.
2. The training program under the guidance of the Agriculture Bureau; the content of the training certificate in paper form as defined in annex 8 of this circular.
3. Agriculture Bureau delivered the unit functions, tasks or training organization in cooperation with the relevant units in the training organization, the sampling inspection.
4. training sequence, certification: a) People have asked to be sent the certificate training application form in Appendix 9 of this circular and 1 Photo 3 x 4 cm for the training unit functions;
b) before training organization training units send Agriculture Bureau and inform practitioners training plan (time, location, program, training of trainers) in writing or by electronic mail;
c) After 7 days from the end of the training, the training unit posted a list of students achieving GPA back up via e-mail about the Agriculture Bureau. After 7 days from the receipt of the results of training, cultivation Asmed code level and inform the training unit by e-mail. Within 5 days of receiving the notification code, unit training certification training for the average back-and submitted the application for cultivation Asmed training manager, kept.
d) Who have training certificates are allowed to practise in the range to be recorded on the certificate immediately after receiving the certificate of training. If you want to expand the scope of practice must register to join the training and has the certificate for that field. "
9. Article 12 is amended and supplemented as follows: "article 12. Specify the certification organization 1. Specify a certification organization) within 5 (five) working days from the receipt of a proposal of the delegation, Director of Department of horticulture, Department of agriculture and rural development, the decision specifies the certification organization. The decision to assign are outlined in detail the scope and effect not more than 5 (five) years.
b) time from when the decision to establish the Group reviews until the decision to appoint not more than 30 (thirty) days, except in the case of certified organizations have the right to conduct inappropriate remedy.
2. In case of refusal the appointment, the Department reported horticulture rejection reason in writing for certification organizations have registered records and Department of agriculture and rural development announced the organization indicated on the registration certificate in the province.
3. the certification organization has been assigned, if want to expand operations to the other must be the Department of agriculture and rural development, the expansion of activities to acknowledge the results indicated the organization certified by the Department of agriculture and rural development Headquarters ".
10. Article 13 is amended and supplemented as follows: "article 13. Specify the left, expand the scope to specify the certification organization 1. Reassign the a certification organization) certified organizations want to reassign must send 1 (one) the specified registration records back to the Agriculture Department, the Department of agriculture and rural development, before deciding to designate expired three months.
Reassign records including:-specify the application under Templates in annex 2d of this circular;
-Report the results certified in 10 years is specified;
-Quality manual additions, changes in the Organization, personnel, equipment, procedures, instructions, form (if available).
b) base records and results of annual monitoring, agriculture Bureau, the Department of agriculture and rural development, reviews, specify again certified as prescribed in clause 2 article 11, paragraph 2 of article 12 of this circular.
2. Expand the scope Specifies a certification organization) the specified certification organization to expand the range specified must send 1 record registered under the provisions of article 8 of this circular about agriculture Bureau, the Department of agriculture and rural development.
b) profile base is expanding the scope and results of the annual monitoring, agriculture Bureau, the Department of agriculture and rural development evaluation, expand the scope specified as defined in item 2 article 11, paragraph 2 of article 12 of this circular 3. The time limit for settling the appointment, extension scope Specifies the certification organization under the provisions of paragraph 1, paragraph 2 this is 30 working days from the date of the application the regulations ".
11. Article 14 be amended and supplemented as follows: "article 14. The code sample, the audit, certification organization 1. Each sample, the audit certificate training, certification organizations are specified to have a separate code to managed and recorded on the certificate or the decision.
2. How to set the code sample, the audit organization, certified according to the guidelines in annex 10 of this circular. "
12. a paragraph 1 article 15 be amended and supplemented as follows: "article 15. Report mode 1. The changes to the report a) specified certification organizations must report the Agriculture Bureau (certification organization active in 12 provinces and cities, the report of the Department of agriculture and rural development in) changes related to the specified range, the slowest is 30 (thirty) working days from the date of the change. "
13. Article 18 is amended and supplemented as follows: "article 18. The monitoring waiver for the specified certification organization has recognized certificate 1. Objects are exempt from monitoring: the specified certification organization has recognized certificate, surveillance results after the recognition of recognized organizations concluded the certification organizations continue to meet 7457:2004 ISO or ISO/IEC Guide 65:1996.
2. the specified certification organizations like to be free of scrutiny must send 1 (one) the records of Agriculture Bureau or the Department of agriculture and rural development. Records are:-the monitoring waiver application;
-Certified copies of certificates recognizing;
-Copies are certified minutes of the Organization's monitoring recognize;
-Results of operations report and other related documents (if any).
3. Within 5 (five) working days from the date of the records suggest, agriculture Bureau, the Department of agriculture and rural development, appraisal records, decided to exempt from scrutiny.
4. the term of validity of the decision to exempt active surveillance for certified institutions is 10 years. "
14. Article 20 be amended and supplemented as follows: "article 20. Warning, suspension, recover, cancel the effect of the decision specifies the certification organization Bureau of cultivation bases results monitoring, inspection, the Inspector to examine the decision cautioned, suspended, reinstated, cancel the effect of the decision.
1. Warning when the specified certification organization has the error but have not influenced the results of the quality certificate.
2. Suspend in whole or in part the validity of the decision specified in case of wrong technical error, but can fix and not causing serious consequences: a) The corrective action in the monitoring reports were not fully realized;
b) does not make the reporting regime under the provisions of article 15 of this circular.
3. Restore the validity of the decision specifies when the error has been remedied.
4. Cancel the effect of the decision specified in the following circumstances:

a certification organization) does not satisfy the conditions prescribed in article 5 of this circular or monitoring results indicate the certification organization not honest, impartial in assessments, certification.
b) within a period of 1 (one) year from the date of the decision to cancel the effect of the decision specifies the certification organization, not to be active. Then want to work must register the specified under the provisions of paragraph 3 of article 13 this circular ".
15. Article 21 is amended and supplemented as follows: "article 21. The cost of 1. The cost of training, training certification due to the sampling, auditing people pay according to the regulations of the Ministry of finance or by agreement with the training unit if not specified by the State.
2. The cost submission, evaluate, specify, supervise the organization certified by the certification organization to pay according to the rules of the Ministry of finance.
3. The cost of sampling, testing of samples related to resolving customer comments or complaints, accusations by parties with insufficient pay. "
16. Article 22 is modified and supplemented as follows: "article 22. The responsibility and authority of the person taking the sample, the test, the specified certification organization 1. The sampling, auditing a person) has the right to conduct sampling inspection, on the basis of contracts concluded with individual institutions suggest sampling or testing of cultivars.
b) is responsible for implementing, testing samples in accordance with the method; ensure objective and fair; the security of information, metrics, results of sampling, testing, except with the competent State agencies required to report; join the training, retraining; pay the costs specified under the regulations.
2. Organization of certified seed, fertilizer, crop products specified powers and responsibilities under the provisions of article 19, article 20 of law of product quality goods and documents guiding the implementation of the law. "
17. Article 23 was amended and supplemented as follows: "article 23. The responsibility and authority of the Agriculture Bureau 1. Enactment of the training program, specify the unit code levels, training, keeping records of people who like auditing, sampling products, plants and fertilizers;
2. Receiving registration documents, organization reviews, specify, testing, inspection, certification organization monitoring on a national scope;
3. Insure objectivity and fairness in performance reviews, specify, test, inspect, monitor and resolve complaints, accusations;
4. Security of the information, the data in the process of implementation, review, monitoring;
5. Published in the mass media the list of people sampled who are auditing practice; the specified certification organization, suspended, revoked the decision specified on nationwide;
6. Organization of the inspection, testing, solving the complaint accusations related to the sampling, auditing, who held the certificate prescribed by law;
7. save the record, the sampling inspection, certification organization.
8. level, warning, suspension, restoration, annulment of the decision specifies the certification organization. "
18. Item 2 article 24 be amended and supplemented as follows: "article 24. The responsibilities and powers of the Department of agriculture and rural development 2. In coordination with the Agriculture Department inspectors, inspection, complaints accusations related to the sample, the audit certification organization, operate in the area. "
19. Repeal paragraph 1, 4, 6, 7 to article 2; Article 4; Article 6; Article 7; Article 11 paragraph 1; point a paragraph 2 to article 15; Article 16; Article 19; Annex 2a, 2b, 2 c, 3, 4, 5, 8a, 11, 16, paragraph 1 Annex 19.
Article 6. Terms of implementation 1. This circular has the effect after 45 days from the date of signing.
2. the Chief crop, Chief of the Ministry, Director of Legal Affairs, heads of units of the Department and the organizations and individuals concerned is responsible for the implementation of this circular.