THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
Circular No. 03/2013/TT-BNNPTNT dated January 11, 2013 of the Ministry of Agriculture and Rural Development on management of plant protection drugs
Pursuant to the Decree No. 01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development, and the Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending article 3 of the Government’s Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development
Pursuant to the Ordinance on Plant Protection and Quarantine dated July 25, 2001;
Pursuant to the Decree No.58/2002/ND-CP dated June 03, 2002 of the Government promulgating the regulation on plant protection, the regulation on plant quarantine and the regulation on management of plant protection drugs;
Pursuant to the Decree No. 104/2009/ND-CP dated November 09, 2010 of the Government providing for the list of dangerous goods and the transport of dangerous goods by road motor vehicles;
At the request of the Director of Plant Protection Department;
The Minister of Agriculture and Rural Development issues the Circular on the management of plant protection drugs.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular provides for the management of plant protection drugs including: registration; production, processing, bottling, packaging; import and export; trading; preservation and transportation; usage; destruction; labeling; packaging; seminars, advertisement; testing and quality inspection and residues; certification of regulation conformity and publication of regulation conformity of plant protection drugs in Vietnam.
Article 2. Subjects of application
This Circular applies to domestic and foreign organizations and individuals engaging activities related to plant protection drugs in Vietnam.
Article 3. Fees and charges
Organizations and individuals engaging in activities related to plant protection drugs shall pay charges and fees in accordance with the law provisions on charges and fees.
Chapter II
REGISTRATION OF PLANT PROTECTION DRUGS
Article 4. General principles
1. All plant protection drugs which are used to prevent, eliminate pests or regulate plant growth; to disinfect warehouses and yards; to preserve agricultural and forest products not using for food and pharmaceuticals; termite extermination in construction works, dikes; to do seed treatment must be registered in Vietnam.
2. Domestic or foreign organizations and individuals (having representative offices, companies, branches of companies trading plant protection drugs with permission to operate in Vietnam) that are producers of active ingredient or technical drugs may directly register one trade name for one active ingredient or technical drug produced by them.
3. If organizations and individuals that produce the active ingredient or technique drugs do not directly register the product under their name, they may authorize one time for domestic or foreign organizations and individuals (having representative offices, companies, branches of companies trading plant protection drugs with permission to operate in Vietnam) to register one trade name for one active ingredient or technical drug produced by them.
4. Each organization or individual who is authorized for registration can receive only one authorization from one producer for one active ingredient (can not receive any more authorization from other producer for the authorized active ingredient) to register for one trade name.
5. Each organization or individual that produces the active ingredient or technique drug is allowed to register or authorized to register only 01 trade name for 01 active ingredient or technique drug to prevent and eliminate pests or to regulate plant growth. If the active ingredients or technique drugs are used for disinfection of warehouses and yards; preservation of agricultural and forest products but not used for food and pharmaceuticals, treatment of post-harvest agricultural products; killing termite in construction works, dikes, seed treatment, they must be registered under one other trade name.