23 December, 2019
Decree 109/2018 / ND-CP on organic agriculture
Decree 109/2018 / ND-CP on organic agriculture
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GOVERMENT Number: 109/2018/ND-CP |
SOCIALIST REPUBLIC OF VIETNAM Hanoi, day 29 month 8 year 2018 |
DECREE
ORGANIC AGRICULTURE
Base Law on Organization of Government day 19 month 6 year 2015;
Base Investment law day 26 month 11 year 2014;
Base Law on standards and technical regulations day 29 month 6 year 2006;
Base Product Quality Law, goods day 21 month 11 year 2007;
Base Food Safety Regulation day 17 month 6 year 2010;
Base Pharmacy Law day 14 month 6 year 2005;
At the proposal of the Minister of Agriculture and Rural Development;
The Government issues the Decree on Organic Agriculture.
Chapter I. GENERAL PROVISIONS
Thing 1. Scope
1. This Decree regulates production, certification, labeling, logo, seek an origin, business, State inspection of organic agricultural products in the field of cultivation, breed, forestry and aquaculture and policies to encourage the development of organic agricultural production.
2. Manufacturing, business of organic agricultural products is encouraged to apply.
Thing 2. Subjects of application
This Decree applies to enterprises, Cooperative, cooperation group, farm, households or groups of households, trading organic agricultural products (referred to as the base); organization, individuals engaged in production-related activities, trading organic agricultural products in the territory of Vietnam.
Thing 3. Explanation of words
In this Decree, The terms below are construed as follows:
1. Organic agriculture is a production system that protects land resources, ecosystem and human health, based on ecological cycles, biodiversity adapting to natural conditions, Do not use factors that cause negative impacts on the ecological environment; is a combination of traditional techniques and scientific advances to benefit the common environment, create fair relationships and balanced life for all objects in the ecosystem.
2. Organic farming production (called organic production for short) is the production process system, preprocessing, process, packaging, transport, preserved in accordance with organic agriculture standards.
3. Organic agricultural products (referred to as organic products) is food, medicine (including herbal medicine, traditional medicine), cosmetics and other products or cultivars, pet; animal feed, produced aquatic feed, certification and labeling in accordance with the provisions of this Decree.
4. Organic agriculture standards used to certify conformity are national standards (TCVN) about organic agriculture or international standards, regional standards, Foreign standards are applied in the production of organic products.
5. Organic product certification is the activity of assessing and certifying that products are produced in accordance with organic agricultural standards set by a certification organization. (third-party) perform.
chapter II. ORGANIC AGRICULTURE PRODUCTION
Thing 4. Principles of organic agricultural production
1. Manage resources (cover land, country, air) following systematic and ecological principles in the long-term vision.
2. Do not use supplies that are synthetic chemicals at all stages of the production chain, Avoid human and environmental exposure to toxic chemicals, reduce pollution in production areas and surroundings.
3. Do not use genetic engineering technology, Radiation and other technologies are harmful to organic production.
4. Treat animals, plants responsibly and improve their natural health.
5. Organic products must be certified by a third party according to national standards (TCVN) about organic agriculture or international standards, regional standards, Foreign standards are applied in the production of organic products.
Thing 5. Organic farming standards
1. TCVN on organic agriculture is developed, announced and applied in accordance with the law on standards and technical regulations.
2. International Standard, regional standards, foreign standards:
a) The case of production for export: production facilities apply the agreed standards, contract with import organization;
b) In case of production or import for domestic consumption: establishments can apply standards to which Vietnam is a member or have mutual recognition agreements or foreign standards are accepted for application in Vietnam..
The Ministry of Agriculture and Rural Development is in charge, in collaboration with the Ministry of Health, Ministry of Industry and Trade, the, relevant bodies evaluate and publish a list of international standards, regional standards, foreign standards harmonize with national standards (TCVN) applied in Vietnam.
3. Encourage the use of national standards, international standard, regional standards, foreign standards as base standards.
Thing 6. Input materials for organic farming
1. Input materials are used in organic production as specified in organic agriculture standards; do not use pesticides, fertilizer, preservative, additives are synthetic chemicals; antibiotics, genetically modified organisms, growth hormone.
2. In case of using input materials:
a) Type of tree, organic pets; animal feed, Organic seafood must be certified according to organic agricultural standards and meet regulations, other relevant technical regulations;
b) Fertilizers and soil amendments, pesticides and pest control substances, processing aids, additives; cleaning agent, sterilization in livestock, Aquaculture must be produced from ingredients and methods that conform to organic agricultural standards and meet regulatory requirements., other relevant technical regulations.
Chapter III. CERTIFICATION OF ORGANIC AGRICULTURE PRODUCTS
Thing 7. Organizations certifying products in accordance with TCVN on organic agriculture
1. Conditions for organizations certifying products in accordance with TCVN on organic agriculture: Satisfying the conditions for product certification service business, management system as prescribed in Article 17 of the Decree No. 107/2016/ND-CP day 01 month 7 year 2016 Government's regulations on business conditions for conformity assessment services (referred to as Decree 107/2016/ND-CP).
2. Dossier of application for the Certificate of registration of activities to certify products in conformity with TCVN on organic agriculture (Activity Registration Certificate for short): according to the provisions of Article 18 of Decree 107/2016/ND-CP.
3. Form, sequence, grant time, Renew, Revision, supplement the Certificate of operation registration as prescribed in Article 19, Thing 20 Decree 107/2016/ND-CP. Certificate of operation registration according to Form No 01 in the Appendix issued together with this Decree.
4. The Ministry of Agriculture and Rural Development receives applications for issuance, Renew, Revision, supplementing the Certificate of operation registration and operation management of the certificated organization.
Thing 8. Certification of products in accordance with TCVN on organic agriculture
1. How to evaluate organic products:
Organic products are assessed in accordance with TCVN according to the assessment method, supervise the production process and test typical samples taken at the production site or on the market when it is suspected that the use of inputs outside the list allowed in the TCVN on organic agriculture or products contaminated with heavy metals, harmful microorganisms exceeding the regulation, technical regulations.
2. Certificate of product conformity with TCVN on organic agriculture issued by the certification organization according to Form No 02 in the Appendix issued with this Decree and valid for 02 year.
3. Ministry of Agriculture and Rural Development guidance on assessment, supervision after issuing the certificate of conformity with TCVN on organic agriculture.
Thing 9. Certification of products conforming to international standards, regional standards, foreign standards for organic agriculture
1. Produce for export: The product is certified by an accredited certification body, countries that issue international standards, regional standards, foreign standards recognized in writing.
2. Produced for domestic consumption: The product is certified by an accredited certification body as specified in Clause 1 This and have an operation registration certificate as prescribed in Article 7 This Decree.
3. A foreign certification body or a recognized Vietnamese certification body is responsible for:
a) Annually or ad hoc when required, sent over the internet (then send the original or certified copy) report on the results of certification activities in accordance with international standards, regional standards, Foreign standards according to Form No 7 Decree 107/2016/ND-CP for specialized agencies assigned by the Ministry of Agriculture and Rural Development;
b) Comply with the inspection of specialized agencies assigned by the Ministry of Agriculture and Rural Development and be sanctioned when there are signs of violations in accordance with the law..
4. A recognized certification organization with an operation registration certificate shall perform the responsibilities specified in Decree 107/2016/ND-CP.
5. The Ministry of Agriculture and Rural Development shall manage and guide the implementation of the provisions of this Article.
Thing 10. Check the certification body
1. The Ministry of Agriculture and Rural Development shall inspect the operation of certification organizations with operation registration certificates and handle violations in accordance with current regulations..
2. The Ministry of Agriculture and Rural Development inspects the activities of recognized certification organizations that certify products in conformity with international standards., regional standards, foreign standards when there are signs of violations and handle violations according to current regulations.
Chapter IV. ANNOUNCEMENT OF APPLICABLE STANDARDS, WOMEN'S LABELING, LOGO, TRACKING ORGANIC PRODUCTS
Thing 11. Announcement of applicable standards and labeling of organic products
1. Announcement of applicable standards:
a) Name Announcement, the number of applicable organic agriculture standards and other requirements as prescribed by law;
b) For organic cosmetics other than those specified at Point a of this Clause, cosmetic products must be announced according to the regulations of the Ministry of Health..
2. Labeling according to the provisions of Decree 43/2017/ND-CP on product labeling and food labeling regulations, herbal label, cosmetic label, animal feed label, aquatic feed and the following regulations:
a) The use of the phrase “100% organic”, “organic” or “manufactured from organic ingredients” together with the proportion of ingredients on the label of organic products as prescribed in organic agriculture standards;
b) Organic products made in Vietnam must clearly state the certificate number, Date Range, full name or initials, certification body number;
c) Imported organic products with labels that do not fully satisfy the provisions of this Decree must have additional labels as prescribed.
3. Encourage the use of codes, Barcode, attached "Vietnam Green Label", Eco-labels on organic product labels in accordance with the law.
Thing 12. Vietnam organic product logo
1. “100% organic” and “organic” products have at least 95% Organic ingredients certified in accordance with TCVN on organic agriculture can bear the logo of Vietnam organic products. The establishment's logo is used in conjunction with the organic Vietnam logo.
2. After being certified organic, The establishment has the right to print a sample of the logo according to the regulations of the Ministry of Agriculture and Rural Development attached to the product packaging and take responsibility for the use of the logo in accordance with the law..
3. The Ministry of Agriculture and Rural Development shall prescribe the logo template and manage the use of the logo in accordance with the law.
Thing 13. Seek an origin, recall and treat organic products that do not meet quality standards
1. Establishments must record, keep records, establish a product traceability system at each stage of production, doing business according to the guidance in the TCVN on organic agriculture.
2. The establishment implements traceability in the following cases:
a) When the competent state agency requests;
b) When the establishment discovers that its organic products are produced by itself, business that does not conform to organic farming standards or regulations, relevant technical regulations; labeling, The logo is not in accordance with the regulations; expired or damaged (collectively referred to as the product does not guarantee quality).
3. Organic products must be recalled in the following cases:
a) Labeling, The logo is not in accordance with the regulations;
b) Expired but still sold on the market;
c) Does not conform to organic farming standards or regulations, relevant technical regulations;
d) Damaged during storage, transport, business;
dd) There are substances banned from use or presence of pollutant agents exceeding the prescribed limit;
e) Imported products are imported by the competent authority of the exporting country, notified by other countries or international organizations that contain pollutant agents harmful to health, the human's life.
4. How to handle the recalled organic product:
a) Fix labeling error lỗi, logo error (due to wrong printing); labeling case, If the logo is not in accordance with regulations and there are other violations, the batch of products will be handled according to the provisions of Point b, c, d This Clause;
b) Change of use for batches of products that have expired or are not suitable for the original use or organic agricultural standards but are not unsafe for health, environment;
c) Destruction of damaged product batch; of unknown origin or containing substances that are not allowed to be used or agents that are unsafe for health, regulatory environment, technical regulations;
d) Re-export for imported batches of organic products that do not conform to organic standards or regulations, technical regulations of Vietnam or expired.
5. Responsibilities of the establishment when detecting unqualified organic products:
a) Determined, Notice of product batch not guaranteed quality;
b) Requesting product dealers to stop distribution and circulation, Report the quantity of the batch of unqualified products, actual and circulating stock in the market;
c) synthetic, report to the competent state agency about the recall plan and form of handling the recalled product;
d) Implement the recall and handle the recalled product within the time limit decided by the competent state agency.
6. Responsibilities of competent state agencies:
a) Check, monitor the traceability implementation of the establishment;
b) Decide on the recall, processing form and completion time;
c) Check the recall, handling recalled products;
d) Handling violations of the law on quality, food safety according to regulations.
7. Ministry of Agriculture and Rural Development, Ministry of Health, The Ministry of Industry and Trade shall specify the recall, handling of organic products that do not meet the quality requirements under the management authority according to regulations.
Chapter V. CHECK, ORGANIC PRODUCTS QUALITY TESTING
Thing 14. Check the quality of organic products
1. Sequence, inspection procedures, handle violations on quality of organic products in accordance with the law on product quality, goods, food safety.
2. Ministry of Agriculture and Rural Development, Ministry of Health, The Ministry of Industry and Trade shall detail inspection agencies, the application of the organic product quality inspection method to products under the management competence according to regulations.
Thing 15. Regulations on testing samples of organic products
1. Requirements for samplers, sampling process is carried out according to current regulations for each product, field.
2. Chemical identification, additives or preservatives outside the list allowed for use in organic agriculture standards in “100% organic” products:
a) Use of rapid test methods for specified substances as specified;
b) Using analytical methods at laboratories that have registered for testing activities and are recognized or designated by law.; sample analysis results that are positive for substances outside the list are considered violations.
3. Determination of harmful microorganisms, Heavy metals contained in regulated organic products, National technical regulations for safe products.
4. Ministry of Agriculture and Rural Development, Ministry of Health, The Ministry of Industry and Trade shall guide in detail the provisions of Clause 1, Clause 2 This applies to products under regulatory authority.
Chapter VI. POLICY FOR PROMOTIONAL DEVELOPMENT OF ORGANIC AGRICULTURE
Thing 16. Prioritize the application of issued policies for the development of organic agriculture
1. Prioritize scientific funding, agricultural extension to carry out the research project, agricultural extension project, especially for varieties resistant to pests and diseases, organic fertilizer, biological pesticides, herbal veterinary medicine.
2. Manufacture factory, Trading in organic products or input materials for organic production is given priority to enjoy policies to encourage investment in agriculture., countryside has been issued:
a) Policies to support small and medium enterprises; policies to encourage enterprises to invest in agriculture, countryside;
b) Policy to support agricultural cooperatives; policy of linking production with product consumption thụ, build a big field; Vocational training policy for rural workers;
c) Credit policy for agricultural development, countryside; lending policy to encourage the development of hi-tech agriculture, clean agriculture;
d) Breed-specific policy, capital and technology in farming, medicinal extraction;
dd) Policies to support trade promotion, Branding;
e) Policy to support Vietnam Green Label, support environmentally friendly facilities sở;
g) Other relevant policies;
h) In the same time and goal, selected base only 01 the most appropriate policy specified at point a, b, c, d, dd, e, g This Clause.
3. content, support rate; Support conditions; capital sources and support mechanisms from the state budget comply with the issued documents for support policies mentioned in Clause 1 of this Article. 1, Clause 2 This.
Thing 17. Some specific policies to support small businesses, Cooperative, farm, family, group of households producing organic products
1. content, support rate:
a) Support 100% the cost of determining the regions, Areas eligible for organic production: Basic investigation, topographic survey, soil sample analysis, water sample, air samples approved by competent authorities cấp;
b) One-time support 100% the cost of issuing the Certificate of conformity with TCVN on organic agriculture issued by the certification organization (first issue or reissue);
c) Support training, organic production training: Support norms comply with the Government's regulations on agricultural extension;
d) Construction support, replicating the organic production model according to TCVN: cost support norms of pest resistant varieties, organic fertilizer, Bio-pesticides for cultivation models; seed cost, organic food, Veterinary drugs are allowed to be used for livestock models, aquaculture and the cost of replicating the model according to the Government's regulations on agricultural extension khuyến.
2. Funding for implementation:
a) Sources of support from the state budget according to current regulations;
b) Integration from Target Programs, National target programs and programs, Other projects in progress;
c) Sponsorships from organizations, individuals at home and abroad;
d) Other lawfully mobilized capital sources as prescribed by law.
3. Support principles
a) The central budget supports projects that fall under the central spending mandate and are approved by central authorities.. The specific level of support shall comply with the provisions of this Decree and relevant current regulations on the basis of the balance of financial resources and development policies in each period.. The central budget partially supports disadvantaged localities that have not yet balanced their budgets according to the balancing capacity of the central budget.;
b) The local budget supports projects that fall within the local spending mandate and are approved by the provincial People's Committee or an authorized specialized agency and support small businesses, Cooperative, farm, family, group of households producing organic products in the locality as prescribed in point b Clause 1 This. In case of necessity, Subject to Actual Conditions, on the basis of the balance of financial resources of the local budget, Provincial People's Committee submits to the People's Council for consideration, decide to issue additional support policies in addition to those specified in this Decree;
c) For projects using non-refundable aid, the following contents apply, the level of donor support specified in the sponsorship agreement or applied according to the level of support provided by the sponsor's representative, The Ministry of Finance and the project management agency agree; In case the donor representative and the Ministry of Finance have not yet reached an agreement on the support level, the support level specified in this Decree shall apply.
4. Condition, sequence, support procedure:
a) For supporting content specified at point a, c, d Clause 1 This:
The supporting contents must be included in the project approved by the competent authority;
There is a commitment to arrange counterpart funds to implement the items in the approved project (in addition to the support part of the budget, government);
Eligible facilities for investment support according to the project's progress.
Sequence, proposed procedure, expertise, Project approval is done in accordance with the Law on Public Investment, State budget law and guiding documents; relevant legal regulations on management, use agricultural extension funds, science and technology career funding, integrated funding in national target programs, target programs or programs, projects and other funding.
b) For supporting content specified at point b, Clause 1 This:
Small Business, Cooperative, farm, family, group of organic product producing households shall send a written request for financial support to issue certificates of conformity with TCVN on organic agriculture to authorized specialized agencies in the locality. (Department of Agriculture and Rural Development or Department of Health or Department of Industry and Trade), together with the results of internal self-assessment meeting the requirements of the TCVN on organic agriculture and a copy of the Certificate of conformity with the TCVN on organic agriculture issued for the first time (in case of re-issuance).
Authorized specialized agencies in the locality based on the written request and the results of the internal self-assessment of the small business, Cooperative, farm, family, a group of organic product producing households selects a certification organization in accordance with the law on bidding and provides funding for certification to the winning certification organization..
5. Encourage farmers, organization, individuals participating in the Guaranteed Participation System (Participatory Guarantee System – referred to as PGS, is a system based on the participation of farmers, salesman, consumers and other interested parties). Organizations, Individuals participating in PGS are entitled to the policies specified at Points b and c Clause 1 This.
Chapter VII. ORGANIZATION OF IMPLEMENTATION
Thing 18. State management responsibility for organic agriculture
1. The Ministry of Agriculture and Rural Development performs the state management of responsible organic agriculture:
a) Managing the activities of organizations certifying products in accordance with TCVN on organic agriculture; accredited certification body; update, international standard notice, regional standards, approved foreign standards;
b) State management of production, organic food business, animal feed, organic seafood and other organic products under management authority according to regulations;
c) International cooperation; educate, training, information, propaganda; check, inspect, handle violations within the function, mission of the Ministry of Agriculture and Rural Development Phát;
d) Annual, synthesize support funds for projects managed by the Ministry of Agriculture and Rural Development and the need for support for disadvantaged localities in the annual estimate of the Ministry of Agriculture and Rural Development, send it to the Ministry of Finance for consideration, Summarize and submit to competent authorities for approval according to the provisions of the State Budget Law.
2. The Ministry of Health performs state management of production, organic medicine business, organic cosmetics, organic food under management authority according to regulations.
3. The Ministry of Industry and Trade performs state management of production, trading in organic food and other organic products under its management authority according to regulations; implement market management for organic products according to regulations.
4. The Ministry of Science and Technology presides over, in collaboration with the Ministry of Agriculture and Rural Development, Ministry of Health, Ministry of Industry and Trade construction, Revision, publish the TCVN on organic agriculture according to regulations.
5. The, ministerial-level agencies within the scope of their duties, his powers, is responsible for presiding over or coordinating with other ministries, The industry performs state management of organic products under its management.
6. Provincial People's Committees, responsible central city:
a) Issuing incentive policies; planning approval, plan, local organic production project;
b) Allocate funds for implementation of policies on organic agriculture development as prescribed in this Decree in localities;
c) Implementation organization; check, inspect, handle violations in the area according to regulations.
7. Associations, Propaganda professional organization, popular, raise public awareness; participate in training đào, training, supervise production members, trading organic products in accordance with the law.
Thing 19. Hieu choicec execute
This Decree takes effect from the date of 15 month 10 year 2018.
Thing 20. Implementation organization
1. Slowest 6 months after this Decree takes effect, certified certification organizations operating in Vietnam must submit electronically (then send the original or certified copy) written notice to the specialized agency assigned by the Ministry of Agriculture and Rural Development: Name, address, phone, fax, email, web; Name, international standard codes, regional standards, Foreign standards are recognized and certified in Vietnam; results of certification activities up to the reporting date.
2. Ministers, Heads of ministerial-level agencies, Head of government agency, Presidents of People's Committees of provinces, central cities, organizations, Relevant individuals are responsible for the implementation of this Decree./.
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Recipients: |
TM. GOVERMENT
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APPENDIX
(Attached to Decision No. 109/2018/QD-CP dated 29 month 8 year 2018 government)
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Denominator 01 |
Certificate of registration of activities certifying that products conform to Vietnamese standards on organic agriculture |
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Denominator 02 |
Certificate of product conformity with Vietnamese standards on organic agriculture |
MÂu number 01
SOCIALIST REPUBLIC OF VIETNAM
Independence – Free – Happy
—————
, day … month … years 20…
CERTIFICATE
REGISTER FOR CERTIFICATE ACTIVITIES
PRODUCTS FOLLOWING VIETNAM STANDARDS ON AGRICULTUREIORGANIC EPISODE
Pursuant to the document specifying the function, Tasks of agencies competent to issue Certificates of registration of activities to certify products in conformity with TCVN on organic agriculture…;
Pursuant to Decree No. 107/2016/ND-CP dated 01 month 7 year 2016 Government's regulations on business conditions for conformity assessment services;
Pursuant to Decree No. 109/2018 / ND-CP dated 29 month 8 year 2018 of the Government on organic agriculture;
Pursuant to Circular No…/20–/TT-BNNPTNT day…month…year 2– of the Ministry of Agriculture and Rural Development guiding the implementation of Decree No. /2018/ND-CP on organic agriculture;
At the request of the head of the agency/unit competent to evaluate the dossier…
Authorities competent to issue certificates of registration of activities certifying products' conformity with TCVN on organic agriculture:
Certifications (the name of the certification organization registered to operate)
– Address: …………………………………………………………………………………………………….
– Phone: …………………………………………. Fax: ………………………………………
– Email: ………………………………………………………………………………………………
Registered product certification activities in accordance with TCVN on organic agriculture for the following products:
– Food: (For example: vegetable, fresh fruit; tea, pepper…; pork, sausage…)
– Medicine: …………………………………………………………………………………………
– cosmetics: ………………………………………………………………………………………………….
– Other: ………………………………………………………………………………………………
Registration code: …………………………………………………………………………………….
Certificate issued for the first time/re-issued/supplemented, Revision.
The certificate is valid from the date of signing … to date … month… year… (not too 5 year).
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Heads of competent agencies |
MÂu number 02
SOCIALIST REPUBLIC OF VIETNAM
Independence – Free – Happy
—————
PRODUCT CERTIFICATE
FITS VIETNAM STANDARDS
ABOUT THEIR AGRICULTUREU MECHANISM
TCCN logo or sign (if)
CERTIFICATION BODIES (Name…)
Registration code: ……………………………………………,dated ……. month……year…..
CERTIFICATE
Manufacture factory (establishment name): ………………………………………………………………………
Address: ………………………………………………………………………………………………………
Phone: ………………………………………..Fax: …………………………………………..
Email: ………………………………………………Website: (if)……………………………
Code of certified organic products: ……………………………………………………
Production location: …………………………………………………………………………………
Product's name: ………………………………………………………………………………………
Scale production (acreage, total herd…): …………………………………………………………
Estimated volume of products/1 year: ……………………………………………………………
Certification of products produced in accordance with TCVN on organic agriculture (TCVN code…).
The certificate is valid from the date of signing … until the end of the day … month… year… (not too 02 year).
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……. day, …….may… |
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