Title: DECREE No. 108/2017/ND-CP September 20, 2017 of the government on fertilizer management

Type: Decree

Issuing Agency: Government

Responsible Agency: Ministry of Agriculture and Rural Development

Issuing Date: 20-09-2017

THE GOVERNMENT --------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ----------------
No. 108/2017/ND-CP	Hanoi, September 20, 2017

 

DECREE

ON FERTILIZER MANAGEMENT

Pursuant to Law on organization of the Government dated June 19, 2015;

Pursuant to Law on investment dated November 26, 2014 and Law on amendments to Article 6 and Appendix 4 on the list of conditional business lines stipulated in Law on Investment dated November 22, 2016;

Pursuant to Law on enterprises dated November 26, 2014;

Pursuant to Law on standards and technical regulations dated June 29, 2006;

Pursuant to Law on quality of products and goods dated November 21, 2007;

At the request of Minister of Agriculture and Rural Development

The Government promulgates the Decree on fertilizer management.

Chapter I	GENERAL PROVISIONS
Chapter II
Chapter III

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides regulations on state administration related to fertilizers including recognition, testing, production, trading, export, import, quality management, labeling, advertisement, seminars and use of fertilizers in Vietnam.

Traditional organic fertilizers produced by organizations and individuals not for trading shall not be regulated by this Decree.

Article 2. Regulated entities

This Decree applies to domestic and foreign organizations and individuals engaging in fertilizers in Vietnam.

Article 3. Definitions

For the purpose of this Decree, the terms below shall be construed as follows:

1.“fertilizer” means a product providing nutrients for plants or improving soil to increase plant productivity and quality.

2.“restricted elements in fertilizers” means elements that are potentially harmful or pose risks to food safety and environmental pollution, including:

a) Chemical elements including arsenic (As), cadmium (Cd), Plumbum (Pb) and hydrargyrum (Hg);

b) E. coli, Salmonella and bacteria doing harm to plants or causing diseases to human and animals that are determined by the competent authorities.

3.“main nutrients” means nutrients included in registered components which decide nature and utilities of fertilizers prescribed in Appendix of this Decree.

4."quality criteria of fertilizers" means technical parameters related to characteristics, composition and content showing the quality of fertilizers and prescribed in relevant technical regulations and applied standards.

5.“nutrients” means chemical elements that are necessary for the growth of plants which include:

a) Main macronutrients including Nitrogen (N), Phosphorus (P) and Potassium (K) which can be absorbed by plants;

b) Secondary nutrients including calcium (Ca), magnesium (Mg), and sulfur (S) which can be absorbed by plants;

c) Micronutrients including boron (B), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo) and zinc (Zn) which can be absorbed by plants;

6.“fertilizer production” means one, multiple or all activities aiming to produce fertilizers through chemical, biochemical or biological reactions or physical processes such as milling, mixing, sieving, drying, wrapping, granulation, pelletizing or stirring, filtering of fertilizers or packaging of fertilizers only.

7.“fertilizer packaging” means the use of machinery and equipment for the extraction of fertilizers from large volume to small volume, from large packages to small packages or the packaging in which fixed capacity and volume of fertilizers shall be put into packages with certain quantities without changing the nature, composition, content, colors, forms of these fertilizers.

8.“fertilizer trading” including one, multiple or all the following activities: display, sale, storage, preservation, transportation, wholesale, retail, import and export of fertilizers and other activities to trade in fertilizer.

9.“low-quality fertilizer” means a fertilizer which fails to contain main nutrients or composition as prescribed in applied standards, technical regulations or regulations issued by competent authorities.

Article 4. Classification of fertilizers

1.Fertilizers classified according to their material origins and production processes shall include:

a) Chemical fertilizers (also known as inorganic fertilizers) including different types of fertilizers which are produced mainly from inorganic substances or synthetic organic substances that have been treated through chemical processes or mineral processing;

b) Organic fertilizers including different types of fertilizers which are produced mainly from natural organic substances (excluding synthetic organic substances that have been treated through physical process such as drying, grinding, sieving, mixing and moistening or biological processes such as fermenting and extraction;

c) Biological fertilizers including different types of fertilizers produced through biological processes or natural fertilizers which contain one or multiple biological substances such as humic acids, fulvic acids, amino acids, vitamins or other biological substances.

2.Chemical fertilizers classified according to their composition or effects of their main nutrients to plants shall include:

a) Macronutrient fertilizers are fertilizers which contain at least one macronutrient and include single nutrient fertilizers, complex fertilizers, compound fertilizers, organic-mineral fertilizers and biological-mineral fertilizers;

b) Secondary nutrient fertilizers are fertilizers which contain at least one secondary nutrient excluding lime, plaster, marl and natural dolomite which have not gone through the processing or production of fertilizers;

c) Micronutrient fertilizers are fertilizers which contain at least one micronutrient;

d) Rare earth fertilizers are fertilizers containing Scandium (atomic number 21), Yttrium (atomic number 39) and elements of the Lanthanide series (atomic numbers from 57-71 including Lanthanum, Cerium , Praseodymium, Neodymium, Promethium, Samarium, Europium, gadolinium, Terbium, Dysprosium, Holmium, Erbium, Thulium, Ytterbium, Lutetium) in the Mendeleev’s periodic table;

dd) Inorganic fertilizers for soil improvement are fertilizers that improve the physical, chemical and biological nature of soil to facilitate the growth and development of plants and are produced from inorganic substances or synthetic organic substances.

3.Macronutrient fertilizers classified according to their main nutrients or chemical bonds of their nutrients shall include:

a) Single fertilizers are fertilizers containing only one macronutrient;

b) Complex fertilizers are fertilizers which contain at least 2 macronutrients connected by chemical bonds;

c) Compound fertilizers are fertilizers which contain at least 2 macronutrients and are produced by mixing different types of fertilizers;

d) Organic-mineral fertilizers are the fertilizers prescribed in Points a, b and c of this Clause to which organic substances are added;

dd) Biological-mineral fertilizers are the fertilizers prescribed in Points a, b and c of this Clause to which at least biological substance such as humid acids, fulvic acids, amino acids, vitamins, etc. is added.

4.Organic fertilizers classified according to their composition or effects of their main nutrients on plants shall include:

a) Organic fertilizers are fertilizers whose main nutrients include organic substances and nutrients derived from organic materials;

b) Micro-organic fertilizers are fertilizers whose main nutrients include organic substances and at least one species of useful microorganisms;

c) Biological organic fertilizers are fertilizers whose main nutrients include organic substances and at least one biological substance such as humic acids; fulvic acids, amino acids, vitamins, etc.

d) Mineral organic fertilizers are fertilizers whose main nutrients include organic substances and at least one macronutrient;

dd) Organic fertilizers for soil improvement are fertilizers that improve the physical, chemical and biological nature of soil to facilitate the growth and development of the plants and are produced from natural organic substances (excluding synthetic organic substances);

e) Traditional organic fertilizers are fertilizers produced from animal wastes, by-products of plants, other plants or organic household wastes by traditional composting.

5. Biological fertilizers classified according to their composition or functions of their main nutrients shall include:

a) Biological fertilizers are fertilizers produced through biological processes or fertilizers of natural origin which contain one or multiple biological substances such as humic acids, fulvic acids, amino acids, vitamins or other biological substances;

b) Bio-fertilizers are fertilizers containing useful microorganisms that are capable of producing nutrients or transformed into nutrients in soil which can be used by plants or microorganisms that are capable of inhibiting harmful microorganisms;

c) Biological fertilizers for soil improvement are fertilizers that improve the physical, chemical and biological nature of soil to facilitate the growth and development of the plants and are produced through biological fertilizers or fertilizers of natural origins or contain one or more biological substances.

6. Fertilizers containing plant growth regulators (PGRs) are the fertilizers prescribed in Clauses 2, 3, 4 and 5 of this Article to which one or multiple PGRs is added and the total content of PGRs shall be less than 0.5% of volume of fertilizers.

7. Fertilizers containing substances for increase use efficiency are the fertilizers prescribed in Clauses 2, 3, 4 and 5 of this Article which are mixed with substances enhancing the performance of fertilizers.

8. Fertilizers capable of boosting the immunity of plants are one of the fertilizers prescribed in Clauses 2, 3, 4 and 5 of this Article which contain substances for boosting the immunity of plants in unfavorable situations or in case of harmful pests and insects.

9. Fertilizers classified according to their modes of use shall be specified as follows:

a) Fertilizers for root are fertilizers that are used for providing nutrients for plants through their roots;

b) Foliar fertilizers are fertilizers that are used for providing nutrients for plants through their stems and leaves;

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