Circular assay, recognition, naming the new fertilizer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 dated 10 Sep 2009 by Government to modify article 3 of Decree 1/2008/ND-CP dated 9 January 2008 by the Government;
Pursuant to Decree No. 113/2003/ND-CP dated 7 October 2003 of the Government on the management of production, fertilizer; Decree No. 191/2007/ND-CP dated 31 December 2007 of the Government revising, supplementing a number of articles of Decree No. 113/2003/ND-CP dated 7 October 2003 of the Government on the management of production, fertilizer;
Pursuant to Decree No. 15/2010/ND-CP on January 1st, 2010 the Government's regulations on administrative sanctions in the production activity, fertilizer;
The Ministry of agriculture and rural development guidelines assay, to recognize and name the new fertilizer is as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular stipulates conditions, sequence, procedure, assigning responsibility for the assay, recognized, named new fertilizers and fertilizer.
Article 2. Application object 1. Organizations, individuals, and organizations, the individual alien activity in the field of assay, recognition, naming the new fertilizer and manure on the territory of Vietnam.
2. organizations, foreign individuals to register a fertilizer assay must be legal representative office in Vietnam. The case has no legal representative office in Vietnam to have the lease or written authorization for one (1) organizations and individuals in Vietnam do legal representative to sign the assay.
Chapter II assay, RECOGNIZING the NEW FERTILIZER article 3. The assay not fertilizers fertilizers referred to in clause 2, clause 4 Article 7 of regulation of business and the use of fertilizers attached to circular No. 36/2009/TT-BNNPTNT on June 24, 2010 the Minister of agriculture and rural development, on the regulation of production , trading and use of fertilizers.
Article 4. Fertilizers are the new fertilizer assay produced in the country or imported new in the assortment: manure, fertilizer, manure, compost, organic biology microbiology, organic and mineral fertilizers, manure has a supplement to regulate growth, support substances increase fertilizer use efficiency rare earth fertilizer, essence of fertilizers, soil improvement substances not subject to the provisions of article 3 of this circular and not in the "list of fertilizers are allowed to produce, use and business in Vietnam" (hereinafter referred to as the list of fertilizers).
Article 5. New fertilizer condition assay fertilizers subject to the provisions of article 4 of this circular assay wants to ensure the following conditions: 1. The indicators required for the respective content of each type of fertilizer must reach under the provisions of point B, Appendix 3 : Nutrient concentrations and quantities required for the elements in fertilizers attached to circular No. 36/2009/TT-BNNPTNT on June 24, 2010 the Minister of agriculture and rural development.
 2. for the registration of fertilizers have assay components, of the the same nutrients as fertilizer already in the category of fertilizer or the same (01) registered unit fertilizers has many components, the concentrations of nutrients are similar, only be assay the fertilizers have minimum difference of weak concentrations of a (01) the nutritional elements specified in annex 1 attached to this circular.
Article 6. Registration documents of individual organization of the assay, assay fertilizers have filed directly or send by post a (1) the Ministry of agriculture, Bureau of records records include: 1. The application form assay in Appendix 2 attached to this circular;
2. technical declaration according to the form prescribed in Appendix 3 attached to this circular;
3. assay validity contract between organizations, individuals register assay with the unit perform the assay of fertilizer was appointed Agriculture Bureau as defined in article 8 of this circular;
4. outline Ðề assay due to the unit perform the assay fertilizer building and through the Council of science and technology facility established pursuant to decision No. 36/2006/QD-BNN on May 15, 2006 of the Minister of agriculture and rural development about issuing regulations topics Scientific and technological projects;
5. Slip the trademark lookup of the Bureau of intellectual property or A commitment of organizations, individuals register assay confirmed the name registered fertilizer assay does not coincide with any of the names in the category have fertilizer fertilizers or trademarks were protected;
6. certified copy of licence or business registration certificate is valid for organization of production, fertilizer or a copy of the proof of population for personal registration.
Article 7. The registration certificate of the assay fertilizers 1. Within a period of five (5) working days from receipt of registration, the Agriculture Bureau appraisal records, if a valid profile, the registration certificate of the assay of fertilizer according to the model in annex No 4 attached to this circular and collect registration fees prescribed assay (if available).
2. where the application is not yet valid, within five (5) working days from the date of the record, the Agriculture Bureau to notify the Organization, individuals need additional content, complete records as prescribed.
3. After six (6) months from the date of the registration certificate of the assay of fertilizers that do not perform the assay certificates registered fertilizer assay was granted is no longer in effect. Individual organizations would like to continue to have to register again assay with agriculture Bureau, records of registration as registered profile assay was first prescribed in article 6 of this circular.
Article 8. Apply fertilizer assay 1. The specified organizational unit perform the assay must be enough fertilizer to the conditions specified in paragraph 2 of this Article and have to be agriculture Director decided the unit perform the assay of fertilizers.
2. conditions are specified as the unit performs a fertilizer assay) functions, tasks or studies on the assay of fertilizers is expressed in the establishment decision of competent authorities or in the certificate of business registration of legal validity;
b) Manpower: there from five (5) technical staff have university degrees, including at least two (2) officers, industry left in the relevant disciplines such as chemistry, biology, the environment. Ask the technical staff has a minimum of two (2) years of experience in the field of activity assay or the study of fertilizers;
c) is eligible about Office work, document management systems, laboratory;
d) covers an area of of land to the assay laboratory layout fields as specified by the Minister of agriculture and rural development in the following text:-10TCN 216-2003: legal assay on the field effect of fertilizers for crop productivity, quality of agricultural products;
-10TCN 766-2006: delegated assay on the field effect of fertilizer for rice crops;
10TCN-894-2006: delegated assay the effect of fertilizer for vegetable food group leaves;
The case is not enough land aforesaid regulations assay must have valid land lease to assay.
DD) has analyzed the quality of fertilizers is the competent authority or recognized or valid contract with quality analysis of fertilizer recognized or designated to test the quality of fertilizers and the norms regarding the content assay of fertilizers.
3. The procedures specify the unit make a fertilizer assay) registration: the registration organization is designated as the unit perform the assay of fertilizer need to submit directly or send by post a (1) the Ministry of agriculture, Bureau of records records including:-application form in Appendix No. 5 attached herewith;
-Declaration about the human condition, the facilities, the equipment according to the model in annex 6 attached to this circular;
b) appraising the condition of registered organization designates the unit perform the assay of fertilizers: after receiving a valid profile, within 7 working days, Director of Department of horticulture held authority, reviews the Organization's registration conditions specified. The maximum evaluation period is twenty (20) working days from the date of the decision to establish the Council.
The evaluation process consists of three steps:-step 1: verify the profile registration: registration and profile base is reconciled with the conditions specified in paragraph 2 of this Article, the Council of the review and decide what content should verify in step 2;
-Step 2: verify the fact in the registration organization is designated as the unit perform the assay of fertilizers, focusing on evaluation of human resources, Office work, document management systems, laboratory experiments, land soil analysis equipment, fertilizer.
Finish step 1 and step 2, the Council set the minutes confirmed the condition, the Organization's existing media registration.
-Step 3: base documents appraisal through the step 1 and step 2, Council meeting, discussions to conclude: + If registered eligible institutions as defined in paragraph 2 of this Article, the Council established the Agriculture Bureau recommendation thereon decided the unit perform the assay of fertilizers;
+ The actual appraisal case qualifies, but incomplete records according to the rules, the Council set the minutes stating the content should continue to record complete cultivation Bureau to examine, decide.
Specify the unit to perform the assay: fertilizer within five (5) working days of receipt of the minutes of the Council: evaluation-If eligible under the regulations, the Chief crop decided the unit perform the assay of fertilizers and notify: + organizations are specified as the unit perform the assay of fertilizers;

+ Department of agriculture and rural development, where the unit perform the assay based fertilizers;
+ Page on the Website of the Agriculture Bureau;
-If eligible according to the rules, but incomplete records, the Agriculture Bureau inform registered organizations the content should supplement the profile according to the minutes of Council and clearly define the time need to complete. Additional profile base, complete the registration unit, Agriculture Department inspection, decided to appoint or not to appoint the unit perform the assay of fertilizers;
d) duration of the decision specifies the unit perform the assay of fertilizer up to five (5) years. In the process of performing the assay, results-based reality check, if the detection unit to make fertilizer assay is no longer eligible as defined in paragraph 2 of this Article or to violate the regulations on Agriculture Bureau, assay writing to temporarily suspend or cancel the effect of the decision specified already.
4. Specify the unit back on manure assay performed a) Slowly for two (2) months before the decision to assign the unit perform the assay fertilizers discontinued, if indicated, demand units perform the assay of fertilizer need to submit directly or send by post a (1) the Ministry of Agriculture Bureau profile , the record consists of:-the specified form under Templates in annex No. 5 attached herewith;
-Declaration about the human condition, the facilities, the equipment according to the model in annex 6 attached to this circular;
-Summary of the results of the assay of fertilizers in the nearest specified in Appendix No. 7 form attached herewith;
b) during the ten (10) working days from receipt of valid registration, the Agriculture Bureau registration assessment, if necessary, the institutions fact check. The base assessment results, check and compare with the provisions in paragraph 2 of this Article, the Chief crop decided again or not reassign the unit perform the assay of fertilizers.
Article 9. Perform the assay 1. Before you proceed to assay, assay implementation unit of fertilizer must send written notice to the Department of agriculture and rural development, where make assay on fertilizer, place, time and content of the assay.
2. The object of crops, fertilizers, scale, time, place the assay performs as specified in the certificate of registration granted fertilizer assay.
3. The content, methods of assay a) follow the rules mentioned in the assay d, item 2 article 8 of this circular;
b) with respect to the content of the assay does not yet have legal assay by the Minister of agriculture and rural development, the unit performs the assay of fertilizer to establish outline of assay, assay method specified for each corresponding content.
4. The target monitor reviews in the assay of fertilizers made according to rules outlined in the assay d, item 2 article 8 and in accordance with Annex 8 attached to this circular.
Article 10. Change the content of the assay 1. During one (1) month from the receipt of the certificate of registration, if fertilizer assay changes one of the defined content include: name of fertilizers, composition, nutrient content, location, soil type, crop organizations assay, the individual is granted the certificate of registration of fertilizer assay must submit proposed text changes on Agriculture Bureau form in annex No. 3 attached to this circular.
2. Within five (5) working days, the Agriculture Bureau appraisal, if valid, then accept the change in writing and send it to: a) the Organization, individuals register assay;
b) units perform the assay of fertilizers;
c) Department of agriculture and rural development, the place where the assay.
3. the one (1) month from the date of the registration certificate of the assay, if the content changes, the assay to assay registration procedure from the beginning.
4. If the Organization, individuals are granted the certificate of registration of fertilizer assay suggest transferring the registration of fertilizer for an assay (1) organizations or individuals, organizations, personal registration certificate must submit manure assay directly or send by post a (1) the Ministry of Agriculture Bureau profile profile: a) petition to change content assay of fertilizer according to the model in annex 9 number attached to this circular.
b) original or certified copy of the minutes of the agreement to transfer the registration rights between legitimate representatives assay of the Organization, the individual is granted the certificate of registration of fertilizer and assay the Organization, new registration individual assay.
c) original or certified copy of the contract between the Organization's legal representative, the registration of the new individual assay with the unit perform the assay of fertilizer, if proposed changes units accomplished other fertilizer assay with the unit perform the assay in the fertilizer registration certificate fertilizer assay.
 d) within five (5) working days, the Agriculture Bureau records appraisal, if valid, then send the text to accept content changes registered fertilizer assay for organizations and individuals involved. The case of the registration profile is not yet valid, within five (5) working days from the date of the record, the Agriculture Bureau to notify the Organization, individuals need additional content, complete records as prescribed.
Article 11. Check the assay activity fertilizers 1. Test method a) periodically check: during the assay, agriculture Bureau periodically check a minimum of once a year (1) and a maximum of two (2) times for one (1) Unit perform the assay of fertilizers. Before the test, the Department at least 15 days notice in writing to the unit perform the assay of fertilizer need to check about the time and content of the test.
b) irregular test: case of questionable assay in carrying fertilizer, cultivation Asmed held unscheduled inspections without prior notice about the test content.
2. The order and content of the test a) sequence checking:-check Union activity the assay of fertilizers by the Chief crop decision. Component inspection group composed of representatives of: Agriculture Bureau, the Department of agriculture and rural development, where the assay or the local government representative to the district level, where does fertilizer assay;
-Inspect the contents specified in point b of paragraph 2 of this Article, set up a test;
b) content check:-check the actual conditions of fertilizer assay performed according to the provisions in clause 2 article 8 of this circular;
-Certificate of registration granted fertilizer assay, check the following: + location + assay the assay time + the + assay fertilizers plants + assay procedure the assay, the layout of the laboratory formula + books, track materials laboratory-Created a test according to the form prescribed in annex No. 10 attached to this circular.
-End audit, head of the inspection division reporting test results and proposed recommendations with agriculture Bureau and the Department of agriculture and rural development, where the unit made fertilizer assay conducted assay on measures to handle infringement, the time and the remedy (if any) for the unit to be tested.
c) handle violations and fix after checking-based on the report of the test Group and based on the provisions of Decree No. 15/2010/ND-CP on March 1st, 2010 by government regulation on sanctioning administrative violations in the production activity, fertilizer, agriculture Director decided to handle violations and request the fix the content that violations, stating the time limit for remedying the violation;
-The offending content after the fix must be reported in writing sent to the Agriculture Bureau in accordance with the prescribed time if needed Agriculture Bureau Chief delegates assessed the results of the content violation has been remedied;
-Records check made fertilizer assay activity are kept at the Agriculture Bureau and was put on the record the evaluation recognized the new fertilizer.
Article 12. Evaluation results the assay 1. Records suggest that the evaluation and recognition of new fertilizer after the end of the assay, organizations, individuals register need to apply fertilizer assay directly or sent by post one (1) set of recommended records appraisal and recognition of new fertilizers on cropland, Bureau of records including: a) petition evaluation and recognition of new fertilizer according to the model in annex No. 11 ban attached to this circular;
b) reported the results of assay writing according to the form prescribed by the rules stated at the fertilizer assay d, item 2 article 8, including the only goal tracking, reviews the provisions in annex 8 attached to this circular, marked and signed by the heads of units performing the assay of fertilizers;
c) documents of the Department of agriculture and rural development or local government districts, or communes on local assay process;
d) reports and documents that have overcome the omissions, violations of the unit perform the assay of fertilizer according to the minutes of the assay inspection of fertilizer and decided to handle the violation (if any) of the competent authority.
2. Organization of evaluation results the assay a) at the latest five (5) working days from the date of receipt of a valid application in accordance with paragraph 1 of this Article, the Agriculture Bureau established the authority of the new fertilizer assay results;
b) at the latest within fifteen (15) working days from the day of Agriculture Bureau issued, the Council decided to establish the evaluation conducted meetings to appraise, assess the results of the new fertilizer assay and send the minutes of appraisal of Agriculture Bureau;
Slow c) for three (3) working days from the conclusion of the assessment Board, the Agriculture Department announced its conclusions thereon authority for units registered fertilizer assay for the content needs editing and assay results report complete records suggest recognition of new fertilizer.
Article 13. Recognizing the new fertilizer

1. At the latest within twenty (20) working days, after receiving the Board's valuation thereon, held individuals registered fertilizer assay must perfect the official reporting of results the assay and the records suggest recognition of new fertilizers under the rules posted on the Agriculture Bureau.
2. At the latest five (5) working days after receipt of the official report is complete and valid records according to the regulations, the Chief crop decision recognized the new fertilizer.
Chapter III named, RENAME article 14 FERTILIZER. Naming the new fertilizer rules 1. Each type of fertilizer when it was put on the list of fertilizers have only a single proper name as stipulated in Decree No. 89/2006/ND-CP on August 30, 2006 by the Government on goods labels; Circular No. 01/2007/TT-BKHCN on April 6th, 2007 by Minister of science and technology of guiding the implementation of a number of articles of Decree No. 89/2006/ND-CP on August 30, 2006 by the Government on goods labels and according to the provisions of this circular.
2. The model name below cannot be accepted: a) include only by the digits;
b) violate social morality;
c) identical or similar to the point of confusion with the name listed on the trademark of other fertilizers are protected;
d) misleading with the nature, the use of fertilizers;
fertilizer production) for use in Vietnam but the name entirely in a foreign language, except fertilizers produced in Vietnam only to export or produce under contract with foreign partners.
3. for imported fertilizer have names written in foreign languages, if want to record accompanied by Vietnamese Vietnamese name name are as specified in paragraph 1, item 2 of this Article.
Article 15. The registration of the name new fertilizers 1. Organizations and individuals must register new fertilizers together with assay registration documents (for fertilizers have to assay) or together with the record of registration to the catalogue of fertilizer;
2. The Bureau of the cultivation of new fertilizer name evaluation, the case does not match as specified in paragraph 1, paragraph 2 article 14 of this circular, the notice for the Organization, individuals register to other name changes accordingly;
3. The official name of the new fertilizer is the name recorded in the decision recognized that fertilizers (for fertilizers have to assay) or the name is recorded in the list of fertilizers.
Article 16. Rename fertilizers 1. In the process of production, sales and use, the Organization, the individual is entitled to change the name of fertilizers.
2. rename a fertilizer conditions) apply only in respect of the type of fertilizer are assay or fertilizer already in list of fertilizers when making contract of assignment or transfer of the whole technology part b) fertiliser Name replaces the old name are as specified in article 14 of this circular.
3. The procedure of renaming individual organization of the fertilizer, manure registered name changed to conform with the provisions of paragraph 1, paragraph 2 article 14 of this circular filed directly or send by post a (1) the Ministry of agriculture, Bureau of records records include: a) rename application of fertilizer according to the model in annex No. 12 attached herewith;
b) A commitment was not fertilizer name coincides with the name of the type of stool in the fertilizer or the name indicated on the trademark of other fertilizers are protected;
c) original or certified copy of the contract of assignment or the full technology transfer is valid between the parties;
 d) Agriculture Bureau to receive and assess, respond in writing to the Organization, individuals register about accepting or not accepting the suggested fertilizer name change. If renaming valid fertilizer, the Minister of agriculture and rural development to adjust the name of the corresponding fertilizer in fertilizers.
Time evaluation, resolved within seven (7) working days from receipt of valid records, of which:-time to receive and review the records a maximum of two (2) days;
-Time evaluation and answer a maximum of five (5) days.
Chapter IV ASSIGNMENT of RESPONSIBILITY and HANDLE breach of article 17. Agriculture Department's responsibilities 1. Evaluation of registration dossiers assay, and revocation of certificates of registration of fertilizer assay.
2. Organize the evaluation and the decision to assign the unit perform the assay of fertilizers; check the operation of the unit perform the assay of fertilizers.
3. Organizing authority the new fertilizer assay results.
4. Decided to recognize the new fertilizer to the Minister of agriculture and rural development of additions to the list of fertilizers.
5. Evaluation of the registration profile to change the name of fertilizers to the Minister of agriculture and rural development to adjust the name list fertilizer fertilizers.
6. Inspect, handle under the authority or the recommendations handle the breach in the assay, name, rename the fertilizer.
Article 18. The responsibility of the science, technology and the environment 1. The synthesis of The scientific research plan and technical progress on the application of fertilizers.
2. General the Minister of agriculture and rural development plan to build new, modify, Supplement, replace, cancel the national standards on fertilizer to send the Ministry of science and technology, announced the evaluation.
3. In coordination with the Directorate of crop assessment organization, recognized the new fertilizer or new technical measures in the field of fertilizers.
Article 19. The responsibility of the Department of agriculture and rural development, in coordination with the Agriculture Department to check and handle breaches new fertilizer assay activity locally.
Article 20. The responsibility of the people's Committee at district level, tracking, confirm the new fertilizer assay activity locally.
Article 21. The responsibilities of the unit perform the assay fertilizers 1. Perform the assay of fertilizer according to the provisions of article 9 of this circular, in accordance with the content of the registration certificate of the assay and the contract signed with the Organization, individuals registering fertilizer assay.
2. report the Department of agriculture and rural development, Government of the district level social place where the assay on the time, place, type of fertilizers and crop objects assay.
3. End the assay, assay results reporting fertilizer, in collaboration with organizations, individuals register complete fertilizer assay reports and records suggest recognition of Agriculture Bureau of fertilizer according to the time specified in article 12 of this circular.
Article 22. The liability of the Organization, individuals registering fertilizer assay 1. To implement strictly the content of this circular and the provisions of other relevant laws.
2. Work closely with the unit performs perfect fertilizer assay results reported assay and records suggest recognition of new fertilizers under the rules.
3. Payment of the registration fee, register renaming assay fertilizer (if any) prescribed by law; paying the fertilizer assay according to the contract with the unit perform the assay.
Article 23. Handle violation 1. Organizations and individuals violating the regulations on assay, to recognize and name the fertilizer according to the nature and extent of the violation will be dealt with according to the provisions of Decree No. 15/2010/ND-CP on March 1st, 2010 by government regulation on sanctioning administrative violations in the production operation fertilizer business.
2. the Chief crop decided measures to temporarily suspend the operation or cancel the effect of the decision to appoint for the unit perform the assay of fertilizers have violations.
Article 24. This circular enforcement provisions have effect after 45 days from the date of signing, replacing decision No. 130/2004/QD-BNN on December 31, 2008 by the Minister of agriculture and rural development on the assay procedures, recognized and named the new fertilizer.
Article 25. Transitional provisions The fertilizer was granted a certificate of registration or assay has registered the name change filing before the day this circular effect continue to be recognized and considered assay according to the decision No. 130/2004/QD-BNN on December 31, 2008 by the Minister of agriculture and rural development on the assay procedures recognize and name the new fertilizer.