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Circular 16/2019 / TT-BNNPTNT guiding Decree 109109/2018 / ND-CP

Circular 16/2019 / TT-BNNPTNT guiding Decree 109109/2018 / ND-CP

CIRCULARS

DETAILS SOME ARTICLES OF DECREE NO 109/2018/ND-CP DAY 29 MONTH 8 YEAR 2018 GOVERNMENT ON ORGANIC AGRICULTURE

Base Decree Nooh 15/2017/ND-CP date 17 month 02 year 2017 Government regulations on functions, mission, powers and baseseh?u tdrive organization of the Ministry of Agriculture and Rural Development;

Pursuant to Decree Nooh 107/2016/ND-CP day 01 month 7 year 2016 by ChíThe Government stipulates conditions for service businessonhouseon suitability;

Pursuant to Decree Nooh 109/2018/ND-CP day 29 month 8 year 2018 by Chígovernment on organic agriculture;

Based decree 154/2018/ND-CP day 11 thonof 9 year 2018 of the Government on the amendment, additional, abolish a number of regulations on investment conditions, business in the field of state management of the Ministry of Science and Technology and a number ofoh regulations on specialized inspection;

At the proposal of the Director of the Department of Agricultural Product Processing and Market Development;

The Minister of Agriculture and Rural Development promulgates a Circular providing fori period oneoh Article of Decree Nooh 109/2018/ND-CP date 29 month 8 year 2018 by Chígovernment on organic agriculture.

Chapter I

GENERAL RULES

Thing 1. Scope

This Circular details a number of articles of Decree No 109/2018/ND-CP day 29/8/2018 of the Government on organic agriculture (hereinafter referred to as Decree No. 109/2018/ND-CP) includes the following::

1. Agency receiving dossiers, issue a registration number of a product certification bodynm organic agriculture.

2. Evaluation for issuance and monitoring after issuing the Certificate of Conformity with National Standards (TCVN) on organic agriculture by the Certification Body.

3. Regulations on sampling and testing of organic agricultural products.

4. CHeck quality, recall and treat organic agricultural products that do not meet quality standards under the management of the Ministry of Agriculture and Rural Development.

Thing 2. Subjects of application

This Circular applies to organizations, individuals engaged in production-related activities, business, certification of organic agricultural products in the territory of Vietnam.

Chapter II

SPECIFIED

Thing 3. The agency receiving the application for issuance, Renew, additional level, amending the Certificate of registration of activities to certify products in conformity with TCVN on organic agriculture

1. CHey The application-receiving agency is responsible for trì appraisal to grant, Renew, additional level, Amendment of the Certificate of Registration of Conformity Product Certificationbelchp TCVN on organic agriculture (hereinafter referred to as Operational Registration Certificate).

2. Organization certifying organic agricultural products (hereinafter referred to as the Certification Body) register for the certification of organic agricultural products under theot (01) the field of application at the specialized agency of the Ministry of Agriculture and Rural Development, As follows:

a) The Directorate of Fisheries is the agency receiving dossiers for the fisheries sector.

b) The General Department of Forestry is the agency receiving dossiers for the field of forestryâcareer.

c) The Department of Crop Production is the agency that receives dossiers for the field of crop production.

d) The Department of Livestock Production is the agency that receives the application for the livestock sector.

3. Certification organizations register organic agricultural product certification activities from two (02) field and above, Selection 01 specialized agencies in the field of registration of certification activities to submit dossiers. The application-receiving agency is in charge, coordinate with relevant agencies to grant operation registration certificates.

4. Re-registration certification organization, additional level, to amend the Certificate of Operation Registration, submit the application as prescribed in Clause 2, clause 3 This.

5. The agency issuing the operation registration certificate shall publicly notify the organization that has been granted the operation registration certificate Celectronic information portal of the Ministry of Agriculture and Rural Development and of the issuing agency after five years at the latest (05) working days from the date of issue.

Thing 4. Registration number of the Certification Body

1. The registration number of the Certification Body is the registration number in the CODEÂu number 01 of the Appendix issued together with Decree No 109/2018/ND-CP .

2. Each registration number is only issued to one Certification Body and does not change in case of re-issuance, additional level, Amendment of Certificate of Operation Registration.

3. Department of Science, Technology and Environment is the agency that issues and manages registration numbers.

Thing 5. Activities of Certification Body

1. The evaluation method for granting and monitoring after the issuance of the Certificate of Conformity to TCVN on organic agriculture shall comply with the provisions of this Decree. Point dd Clause 1 Thing 5 (Method 5) Circular No. 28/2012/TT-BKHCN day 12/12/2012 of the Ministry of Science and Technology providing for standard conformity announcement, Declaration of conformity and methods of assessing conformity with standards, technical regulations and TCVN 12134:2017 Organic Agriculture – Requirements for certification bodies, international standard, regional standards, Foreign standards are approved in Vietnam.

2. Agricultural products of organizations, Individuals who have been granted the Certificate of organic agricultural products may use the product mark corresponding to the certified standard..

3. Organization, Individuals wishing to certify products in accordance with international standards, regional standards, foreign standards on organic agriculture for domestic consumption must be certified by a qualified certification body in accordance with regulations. clause 2 Thing 9 Decree 109/2018/ND-CP.

Thing 6. Quality inspection of organic agricultural products under the management of the Ministry of Agriculture and Rural Development

1. General Department, Department of specialized management under the Ministry of Agriculture and Rural Development, Department of Agriculture and Rural Development based on the function, The assigned task is to inspect the quality of agricultural products,myoma according to the approved plan or when there are signs of violation.

2. Quality inspection of organic agricultural products shall comply with the provisions of the Law on Quality of Commodities, Food Safety Law and other relevant laws.

Thing 7. Regulations on sampling organic agricultural products

1. The person taking the sample must have a certificate or certificate of sampling or a certificate of participation ddtraining, training with content on sampling for the corresponding sample object.

2. Sampling is carried out in accordance with the TCVN corresponding to the sample object and the regulations of the Ministry of Agriculture and Development trrural beach.

Thing 8. Sample testing of organic agricultural products under the management of the Ministry of Agriculture and Rural Development

1. General Departments, The Department uses the rapid test method approved by the Ministry of Health, The Ministry of Agriculture and Rural Development approves or approves the determination of substances outside the list of substances permitted for use in TCVN 11041, international standards, regional standards, foreign standards approved by Vietnam.

2. Test results with the rapid test kit are initial results, for screening purposes only, direction for further confirmatory tests in the laboratory. Do not use results obtained from rapid test kit testing as a basis for handling violations.

3. MÂOrganic agricultural products that have positive results when using a rapid test kit must be tested and confirmed at a laboratory that has registered for testing activities and is accredited or designated by law to conclude.

4. MÂOrganic agricultural products are tested and confirmed in a laboratory that has registered for testing activities and is recognized or designated in accordance with the law.; sample analysis results that are positive for substances outside the list are considered violations.

Thing 9. Recalling unqualified organic agricultural products under the management of the Ministry of Agriculture and Rural Development

1. In case of having to recall organic agricultural products, comply with regulations in clause 3 Thing 13 Decree No. 109/2018/ND-CP.

2. Organization, individual producer, Businesses must develop a plan to recall unqualified organic agricultural products.

3. Forms of recalling organic agricultural products that do not guarantee quality:

a) Voluntary withdrawal by organization, individual producer, business done;

b) Compulsory recall at the request of a competent state agency.

Thing 10. Handling of organic agricultural products that do not meet quality standards are under the management of the Ministry of Agriculture and Rural Development

1. Handling of recalled organic agricultural products shall comply with regulations in clause 4 Thing 13 Decree No. 109/2018/ND-CP.

2. Handling of violations for acts of failing to ensure the quality of organic agricultural products comply with the law on sanctioning of administrative violations and documents related to the quality of products and goods., food safety.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Thing 11. Implementation organization

1. Department of Processing and Market Development for WomenUmbrellaresponsible property:

a) Advisory, summary of hbelchinternational cooperation, develop organic agriculture.

b) Chair, coordinatebelchp with the units to deal with problems arising during the implementation of the Circular.

2. General Department, The Department of Agriculture and Rural Development under the Ministry of Agriculture and Rural Development is responsible for:

a) Fostering, Professional training on inspection work, evaluate, supervise the certification body and product quality nUmbrellaorganic industry;

b) Carry out the receipt of documents for issuance, Renew, additional level, Revision, revoke the certificate of registration of activities to certify products in accordance with TCVN on organic agriculture according to the assigned fields;

c) Inspect, inspect the certification of organic agricultural products of the certification body to ensure transparency in accordance with the law;

d) Inspect, production facility inspection, trading organic agricultural products and the quality of organic agricultural products.

3. Department of Science, Responsible Technology and Environment:

Issuing registration numbers to certification organizations at the request of the General Department, Specialized Management Department.

4. Departments of Agriculture and Rural Development of the provinces, Cities directly under the Central Government are responsible for:

a) Coordinate with theHey Specialized agencies of the Ministry of Agriculture and Rural Development inspect the certification activities of certification organizations operating in the area..

b) Host or coordinatebelchp with specialized agencies of the Ministry of Agriculture and Rural Development to inspect production facilities, trading organic agricultural products and the quality of organic agricultural products in the area under their management.

Thing 12. Terms enforcement

1. This Circular takes effect from the date of 18 month 12 year 2019. School hbelchp legal documents, standards referenced for application in this Circular amending, supplement or replace with a new document shall comply with the provisions of the revised document, supplement or replace.

2. The certification organization has been granted the Certificate of registration of organic agricultural product certification activities in accordance with the provisions of Decree No. 107/2016/ND-CP day 01/7/2016 Regulations on business conditions for conformity assessment services to be re-registered under Decree No 109/2018/ND-CP after the Certificate of Operation Registration expires.

3. During the implementation of this Circular, if there is difficulty, Mr. Hoang Nghia Hieu, organization, individuals promptly inform the Ministry of Agriculture and Rural Development for study and revision, additional./.