Conditions and processes and procedures for trading in pesticides

Regulatory Analysis

Legal basis

Organizations and individuals trading in plant protection drugs must ensure the following conditions:

- The location of the pesticide store is separate from the food service area, school, and hospital; When building, it must be at least 20 m away from water sources (rivers, lakes, canals, wells).

- Plant protection drug warehouse

+ For wholesale establishments, pesticide warehouses must meet the requirements of National Standard TCVN 5507:2002 Dangerous chemicals - Safety regulations in production, business, use, storage and transportation;

+ For retail establishments, pesticide warehouses must be built at least 20 m from water sources (rivers, lakes, canals, water wells) and have shelves at least 10 cm high. with the floor, at least 20 cm from the wall.”

- People who directly manage or directly sell pesticides must have an intermediate degree or higher in one of the majors of plant protection, horticulture, chemistry, biology, agronomy or have a Certificate of professional training in plant protection drugs.

- Regarding legal transaction location, it is clearly understood as the place where the company's headquarters is located under legal ownership or use rights used for transactions (negotiation, signing contracts, ..), business Businesses may not need a drug warehouse location if the business only does the commercial step (buying from the seller and shipping directly to the buyer).

- Regarding drug storage according to regulations, appropriate equipment, handling pesticides when an incident occurs: if only the commercial step of buying from the seller and transferring directly to the buyer can be explained. when the authorities come to assess and issue a qualified license.

- The person who directly manages or directly sells pesticides can be an employee hired to manage and sell pesticides and has an intermediate level or professional training in pesticides

- Plant Quarantine Protection Law 2013

- Decree 123/2028

- Circular No. 21/2015 on pesticide management

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Authority to issue Certificate of eligibility to trade in pesticides is regulated as follows: Issued by the specialized agency for plant protection and quarantine in the locality , revoke the Certificate of eligibility to trade in pesticides.

- Specifically, the Department of Agriculture and Rural Development of provinces and centrally run cities will authorize the Plant Protection Department to issue, reissue, and paper recovery and appraisal to issue Certificate of eligibility to trade in pesticides

- Plant Quarantine Protection Law 2013

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The order and procedures for granting the Certificate of eligibility to trade in pesticides are prescribed as follows:

a) Organizations and individuals that produce and trade pesticides submit an application for a Certificate of eligibility to produce pesticides or a Certificate of eligibility to produce pesticides or a Certificate of eligibility to produce pesticides. Certification of eligibility to trade plant protection drugs for specialized plant protection and quarantine agencies specified in Clause 4 of this Article;

b) From the date of receipt of complete and valid documents, the specialized plant protection and quarantine agency shall inspect the actual production and trading conditions at the production facility. exporting and trading plant protection drugs; If eligible, within 15 days, a Certificate of eligibility to produce pesticides and a Certificate of eligibility to trade pesticides must be issued; In case of refusal, you must respond in writing and clearly state the reason.

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- Specifically, organizations and individuals submit an application for a license to be eligible to trade pesticides to the Plant Protection Department under the Department of Agriculture. and rural development in provinces and centrally run cities.

- After receiving valid documents, the plant protection agency will contact and invite the business to come work or come directly to the business headquarters to work for the purpose of Appraisal, check records and information on pesticide business, etc. (depending on specific cases)

- Plant Quarantine Protection Law 2013