Conditions and processes and procedures for fertilizer trading

Regulatory Analysis

Legal basis

Conditions for issuance of Certificate of eligibility for fertilizer trading include:

- Have a clear, legal transaction location;

- Have complete records and documents to trace the origin of fertilizers according to regulations;

- Persons who directly trade fertilizers must be trained and professionally fostered in fertilizers according to the guidance of the Ministry of Agriculture and Rural Development, except in cases where they have an intermediate level or higher in a certain field. in the majors of horticulture, plant protection, soil agrochemistry, soil science, agronomy, chemistry, biology

- 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 fertilizer storage location if the business only does the commercial step (buying from the seller and shipping directly to the buyer).

- Regarding records and documents to trace the origin according to regulations, fertilizer business is among the products allowed by regulations, announced for circulation and has clear origin from the manufacturer and importer.

- Regarding people who directly sell fertilizers, they are direct managers, sales people, and employees of that company. If the business owner does not have enough qualifications, he or she can hire a manager or employee with a certificate. receive training, professional development or have an intermediate level or higher in one of the majors

- Horticulture Law 2018

- Decree 84/2019 on fertilizer management

- Decree 130/2022 amending details of Decree 84/2019

Authority to issue, re-issue, and revoke Certificates of eligibility to trade in fertilizers and inspect and maintain conditions:

The Department of Agriculture and Rural Development checks, issues, reissues, and revokes the Certificate of eligibility for fertilizer trading according to Form No. 11 in Appendix I issued together with this Decree.

- Specifically, the Department of Agriculture and Rural Development of provinces and centrally-run cities will authorize the Plant Protection Department to issue, re-issue, revoke papers, and appraise and inspect to issue Certificate of eligibility to trade fertilizer

- Horticulture Law 2018

- Decree 84/2019 on fertilizer management

The procedure for granting a Certificate of eligibility for fertilizer trading is as follows:

Organizations and individuals send documents to the competent authority specified in Clause 2, Article 13 of this Decree.

Within 10 working days from the date of receipt of complete dossier, the competent authority will appraise the dossier content and, if the dossier meets the requirements, will check the fertilizer trading conditions at the organization. , personally and prepare an inspection record according to Form No. 12 in Appendix I issued with this Decree.

In case organizations or individuals trading in fertilizers do not meet the conditions, they must take corrective measures. After correcting, they must notify in writing to the competent authority to check the remedied content. In case the inspection results are satisfactory, within 03 working days from the date of completion of the inspection, the competent authority shall issue a Certificate of eligibility for fertilizer trading according to Form No. 11 in Appendix I issued together with this Decree. In case of not issuing a Certificate of eligibility to trade in fertilizers, a written response must be provided clearly stating the reason.

- Specifically, organizations and individuals submit applications for licenses to meet fertilizer trading conditions to the Plant Protection Department under the Department of Agriculture and Rural Development of provinces and cities. central.

- After receiving the valid dossier, the plant protection agency will contact and invite the business to come work or come directly to the business headquarters to work with the purpose of appraising, checking the dossier and providing information. Information about fertilizers, etc. (depending on specific cases)

- Horticulture Law 2018

- Decree 84/2019 on fertilizer management