Noteworthy issues regarding import of fertilizer into Vietnam

Noteworthy issues regarding import of fertilizer into Vietnam

Fertilizer means a product that provides nutrients or improves the soil to increase crop yield and quality. Currently, the number of enterprises distributing imported fertilizers is increasing. Therefore, in order for them to comply with the law with respect to import of fertilizers, the enterprises should understand the conditions and procedures before importing such product into Vietnam. 

1. Import of fertilizers

1.1. Cases where an import permit is required 

– In order to import fertilizers that have not yet been recognized for circulation in Vietnam, organizations and individuals must obtain a permit for import for:

  • Fertilizers used for testing purposes;
  • Fertilizers used for sports grounds and amusement parks;
  • Fertilizers used in foreign projects located in Vietnam;
  • Fertilizers used as gifts or sample products;
  • Fertilizers displayed at fairs and exhibitions;
  • Fertilizers for scientific research;
  • Fertilizers used as raw materials for production of other fertilizers;
  • Fertilizers temporarily imported for re-export or in transit or border gate transfer via Vietnamese border gates; fertilizers consigned to bonded warehouses; and fertilizers imported into export processing zones. 

– Issuing agency: the Plant Protection Department (PPD) under the Ministry of Agriculture and Rural Development

– License time: 7 working days

– A dossier of application for a fertilizer import permit must comprise:

  • A written registration for fertilizer import;
  • A technical declaration;
  • The fertilizer producer’s document showing quality criteria, use instructions, safety warnings, and limited elements in fertilizers;
  • A certificate of free sale granted by the exporting country (Fertilizers temporarily imported for re-export or in transit or border gate transfer via Vietnamese border gates; fertilizers consigned to bonded warehouses; and fertilizers imported into export processing zones shall are not subject to this certificate);
  • A certificate of or an invitation to a Vietnam-based fair or exhibition, in the case of importing fertilizers for being displayed at fairs and exhibitions;
  • A research on fertilizers to be imported, in the case of importing fertilizers for scientific research;
  • The import contract, export contract or contract on processing with foreign partners (in the case of importing Fertilizers temporarily imported for re-export or in transit or border gate transfer via Vietnamese border gates; fertilizers consigned to bonded warehouses; and fertilizers imported into export processing zones). 

1.2. Cases where an import permit is exempted  

An organization or individual that has fertilizers already obtaining a decision on recognition of fertilizers in circulation in Vietnam may import or authorize another organization or individual to import fertilizers named in such decision without having to apply for a fertilizer import permit. However, fertilizer importers shall submit a notice of results of state inspection of quality of imported fertilizers in addition to papers and documents required under regulations on goods import.

2. State inspection of quality of imported fertilizer 

Imported fertilizers must be inspected by the state for quality, except for: 

Fertilizers used for testing purposes;

– Fertilizers used as gifts or sample products;

– Fertilizers displayed at fairs and exhibitions;  

Fertilizers for scientific research;  

Fertilizers temporarily imported for re-export or in transit or border gate transfer via Vietnamese border gates; fertilizers consigned to bonded warehouses; and fertilizers imported into export processing zones. 

2.1. The agency in charge of state inspection of quality of imported fertilizers

The Plant Protection Department or a regulation conformity certification institution that has its own testing laboratories and is authorized by the Plant Protection Department in each period. 

2.2. A dossier of registration for state inspection of quality of imported fertilizers must comprise

– A written registration for state inspection of quality of imported fertilizers; 

Copies of the purchase and sale contract; list of goods (stating the registered quantity and code of each goods lot); invoice; and bill of lading (for goods imported by airway, seaway or railway). 

2.3. Procedures for fertilizer inspection and sampling 

An organization or individual shall send a dossier to the state inspection agency

– The state inspection agency shall check the completeness and legality of the dossier within 1 working day. 

  • If the dossier is complete and valid, the state inspection agency shall give certification in the written registration and take samples under regulations. 
  • If the dossier is incomplete or invalid, the state inspection agency shall issue a written reply, clearly stating the reason for refusal to give certification.

 – Taking samples for quality inspection 

  • To carry out physical inspection to see whether the fertilizer lot at the sampling place is consistent with information in the registration dossier. In case of consistency, to take fertilizer samples for state inspection of quality of imported fertilizers. To seal up fertilizer samples and make a sampling minutes. 
  • To test all quality criteria and limited elements of fertilizers under relevant national technical regulations on fertilizer quality. In case quality criteria are not yet set out for domestic testing laboratories, the agency assigned to perform the state management of fertilizers shall consider accepting the fertilizer producer’s quality testing results.

– Time for notification of inspectation results: Within 10 working days after taking samples for inspeaction.

The above is an overview of the procedures to be carried out for an organization or individual to import fertilizers into Vietnam. Organizations and individuals should comply with them before the import. 

Disclaimer:

This article is for general information only and is not a substitute for legal advice. Apolat Legal is a Vietnamese law firm with experience and capacity to advise on matters related to [practices]. Please click here to learn more about our services and contact our lawyers in Vietnam for advice via email info@apolatlegal.com.

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