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MINISTRY OF AGRICULTURE AND ENVIRONMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 07/2026/TT-BNNMT |
Hanoi, January 23, 2026 |
ELABORATING CERTAIN ARTICLES OF THE LAW ON PLANT PROTECTION AND QUARANTINE, LAW ON CROP CULTIVATION AND AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS IN CROP CULTIVATION AND PLANT PROTECTION
Pursuant to Law on plant protection and quarantine No. 41/2013/QH13, amended and supplemented by the Law No 146/2025/QH15;
Pursuant to Law on crop cultivation No. 31/2018/QH14, amended and supplemented by the Law No 146/2025/QH15;
Pursuant to Decree No. 35/2025/ND-CP dated February 25, 2025 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Environment of Vietnam;
At the request of the Director of the Plant Production and Protection Department;
The Minister of Agriculture and Environment promulgates a Circular elaborating certain articles of the Law on plant protection and quarantine, Law on crop cultivation and amendments to certain articles of circulars in crop cultivation and plant protection.
1. This Circular provides for:
a) Clause 5 Article 67 of the Law on Plant Protection and Quarantine, as amended and supplemented by Clause 6 Article 2 of the Law on amendments to certain articles of 15 Laws in agriculture and environment (hereinafter referred to as the Law on Plant Protection and Quarantine);
b) Clause 2 Article 12, Clause 8 Article 15, Clause 3 Article 16, Clause 3 Article 17, Clause 7 Article 24, Clause 3 Article 27, Clause 3 Article 28, Clause 4 Article 29, Clause 5 Article 36, Clause 4 Article 37, Clause 3 Article 38, Clause 3 Article 44 and Clause 4 Article 45 of the Law on Crop Production, as amended and supplemented by Clause 3 and Point a of Clause 8 of Article 15 of the Law on amendments to certain articles of 15 Laws in agriculture and environment (hereinafter referred to as the Law on Crop cultivation).
2. This Circular provides amendments and supplements to certain articles of Circulars in crop cultivation and plant protection.
This Circular applies for regulatory agencies, organizations, and individuals whose operations are related to the provisions of Article 1 of this Circular.
ELABORATION OF CLAUSE 5 ARTICLE 67 OF THE LAW ON PLANT PROTECTION AND QUARANTINE
Article 3. Applications, procedures, and authority for grant of pesticide import permits
1. The application includes:
a) In the case where the pesticide, which is not listed in the List of pesticides permitted for use in Vietnam, is temporarily imported or imported for manufacture in Vietnam for export purposes under contracts signed with foreign partners:
An application for a Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
The original or a certified copy of the import contract, export contract, or processing contract with the foreign partner;
A certified copy of the Certificate of Free Sale (CFS) in the exporting country (only required for the first submission).
b) In case of importing a pesticide for fumigation containing the active ingredient methyl bromide and active ingredients with acute toxicity of category I, II according to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS):
An application for a Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
A report on the import, use, and trading of methyl bromide for cases of importing fumigants containing methyl bromide according to Form No. 04 in Appendix II issued herewith.
c) In the case where the pesticide, which is not listed in the List of pesticides permitted for use in Vietnam, is imported for testing for registration, trial, or research purposes:
An application for a Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
Material Safety Data Sheet (MSDS) of the research or trial pesticide sample;
Research outline for the pesticide requested for import (for cases of import for research purposes).
d) In case of importing a pesticide used in a foreign project in Vietnam; used as samples, goods for an exhibition or a trade fair; and used in certain special cases according to the decision of the Minister of Agriculture and Rural Development:
An application for a Pesticide import permit according to Form No. 03 in Appendix II issued herewith;
A certified copy of the import contract;
A certified copy of the Certificate of Free Sale (CFS) in the exporting country in case of importing a pesticide containing active ingredients that is not listed in the List of pesticides permitted for use in Vietnam (only required for the first submission).
dd) In case of importing a pesticide in the List of pesticides banned from use in Vietnam as reference standards: An application for a Pesticide import permit according to Form No. 03 in Appendix II issued herewith.
2. Procedures:
a) The applicant shall submit 01 set of application to the agency assigned to receive and process administrative procedures by the Chairperson of the Provincial People’s Committee in person, online, or by post;
b) The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
c) Within 05 working days from the date of receiving a satisfactory application, the assigned agency shall organize an appraisal and submit it to the Chairperson of the Provincial People’s Committee to consider and decide on granting a pesticide import permit using Form No. 05 in Appendix II attached herewith; in case of refusal, a written explanation shall be provided.
3. Validity of the permit:
The pesticide import permit shall be valid for the entire shipment specified in the permit; the validity period shall be specified for each type of pesticide, but shall not exceed 12 months from the date of issuance. Import permits for methyl bromide shall only be valid within the year of issuance.
ELABORATION FOR CERTAIN ARTICLES OF LAW ON CROP CULTIVATION
Article 4. Conservation of plant variety genetic resources and the List of plant variety genetic resources banned from export
1. Investigation and collection of plant variety genetic resources:
a) The Director of the Plant Production and Protection Department shall, based on actual needs and conditions, order capable entities to conduct periodic investigations and collections of plant variety genetic resources;
b) Plant variety genetic resources shall be collected in the form of seeds, seedlings, cuttings, tubers, or genetic materials depending on each plant species;
c) Investigation and collection results shall be made in writing, describing information related to the investigation and collection such as location, time, type of specimen, quantity, and form of collection.
2. Storage and establishment of plant variety gene banks:
a) Plant variety genetic resources shall be stored at units assigned to store and conserve plant resources according to the order of the Department of Plant Production and Protection;
b) Depending on actual resources and conditions, storage shall be carried out in one of two or both forms:
Ex-situ conservation means the storage outside the range of origin of the plant variety in cold conditions (in cold storage, in liquid nitrogen, or other new suitable technologies of preservation); or in test tubes (in-vitro storage); or genetic materials or storage in the field;
In-situ conservation means the storage within the range of origin of the plant variety.
3. Evaluation of plant variety genetic resources:
a) Evaluation of plant variety genetic resources includes activities of gene decoding, evaluation of agronomic and biological indicators, and the use value of plant variety genetic resources;
b) Based on the needs for exploitation and use of information about plant variety genetic resources, the Department of Plant Production and Protection shall order entities with sufficient capacity to perform the gene decoding, evaluation of agronomic and biological indicators and value of plant variety genetic resources.
4. Establishment, preservation, and sharing of data on plant variety genetic resources:
a) Data on plant variety genetic resources shall be established by entities performing activities specified in Clauses 1, 2, and 3 of this Article and relevant entities (information providers) to serve the management, exploitation, and use of plant variety genetic resources;
b) Data on plant variety genetic resources shall be stored in the forms of investigation forms, description forms, evaluation forms, databases in text or digital format (including basic data on genetic resources and information related to genetic resources);
c) Data on plant variety genetic resources shall be stored at units assigned to store and conserve plant resources;
d) Sharing of national plant variety genetic resource data shall comply with the applicable regulations.
5. The List of plant variety genetic resources banned from export is provided in Appendix I issued herewith.
Article 5. Applications, procedures, and authority to issue, reissue, extend, suspend, restore, and cancel the Decisions on recognition of circulation of plant varieties
1. An application for issuance of a Decision on recognition of circulation of plant varieties includes:
a) An application for issuance of a Decision on recognition of circulation of plant varieties made using the Form No. 06 in Appendix II attached hereto;
b) Results of testing for distinctness, uniformity, and stability (DUS) of the plant variety to be recognized;
c) Results of testing for value of cultivation and use (VCU) of the plant variety;
d) Cultivation process of the variety compiled by the applicant;
dd) An plant variety information declaration compiled by the applicant using Form No. 07 in Appendix II attached hereto.
2. An application for reissuance of a Decision on recognition of circulation of plant varieties includes:
a) An application for reissuance of a Decision on recognition of circulation of plant varieties made using the Form No. 08 in Appendix II attached hereto;
b) Documents proving the changes in case of changes in information related to the entities specified in the Decision on recognition of circulation.
3. An application for extension of a Decision on recognition of circulation of plant varieties includes:
a) An application for extension of a Decision on recognition of circulation of plant varieties made using the Form No. 09 in Appendix II attached hereto;
b) Results of controlled testing as prescribed in point a Clause 2 Article 18 of the Law on Crop Production, conducted within 01 year before the date on which the application is submitted.
4. Procedures for issuance, re-issuance and extension of the decision on recognition of plant variety circulation:
a) Procedures for issuance of the decision on recognition of plant variety circulation:
The applicant shall submit an application to the Department of Plant Production and Protection in person or online or by post;
The Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
Within 15 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall appraise it and issue the decision on recognition of plant variety circulation using the Form No. 11 in the Appendix II attached hereto and publish the Decision on its web portal; in case of refusal, a written explanation shall be provided. The plant variety is allowed to be circulated from the date on which the decision on recognition of plant variety circulation is signed.
b) Procedures for reissuance of the decision on recognition of plant variety circulation:
The applicant shall submit an application to the Department of Plant Production and Protection in person or online or by post;
the Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
Within 05 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall appraise it and reissue the decision on recognition of plant variety circulation using the Form No. 12 in the Appendix II attached hereto and publish the Decision on its web portal; in case of refusal, a written explanation shall be provided.
c) Procedures for extension of the decision on recognition of plant variety circulation:
Within 06 months before the expiry date of the decision on recognition of plant variety circulation, the applicant shall submit an application to the Department of Plant Production and Protection in person or online or by post;
The Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
Within 05 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall appraise it and issue the extended decision on recognition of plant variety circulation using the Form No. 13 in the Appendix II attached hereto and publish the Decision on its web portal; in case of refusal, a written explanation shall be provided.
The applicant that fails to submit the application for extension according to Clause 3 of this Article shall comply with Clause 1 and point a Clause 4 of this Article.
5. Suspension of the decision on recognition of plant variety circulation
Upon receipt of information about plant varieties specified in Clause 5 Article 15 of the Law on Crop Production, the Department of Plant Production and Protection shall verify the information and issue a decision on suspension of plant variety circulation if there is sufficient evidence of the violation; and publish the decision and relevant documents on its web portal.
6. Restoration of the decision on recognition of plant variety circulation:
Upon rectifying the violations prescribed in Clause 5 Article 15 of the Law on Crop Production and receiving confirmation from a testing organization, the entity shall submit an application form for restoration of the decision on recognition of plant variety circulation, made using Form No. 10 in Appendix II attached hereto, to the Department of Plant Production and Protection in person, online, or by post;
The Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
Within 10 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall appraise it and notify the restoration of the Decision on recognition of plant variety circulation and disclose information on its web portal; in case of refusal, a written explanation shall be provided.
7. Cancellation of the decision on recognition of plant variety circulation:
a) Within 10 working days from the receipt of the information about the violations specified in points a, d, and dd Clause 1 Article 15 of Law on Crop Production, the Department of Plant Production and Protection shall appraise the information and issue a decision to cancel the decision on recognition of plant variety circulation using the Form No. 14 in Appendix II attached hereto; and publish the Decision on its web portal.
b) Upon receipt of information specified in point b Clause 7 Article 15 of the Law on Crop Production, the Department of Plant Production and Protection shall appraise the information and issue a decision to cancel the decision on recognition of plant variety circulation if there is sufficient evidence of the violation; and publish the decision on its web portal.
Article 6. Applications, procedures, and authority to issue or cancel the decision on recognition of privileged circulation of plant varieties
1. An application for issuance of a Decision on recognition of privileged circulation of plant varieties includes:
a) An application for extension of a Decision on recognition of privileged circulation of plant varieties made using the Form No. 15 in Appendix II attached hereto;
b) Description of characteristics and current use made using the Form No. 16 in Appendix II attached hereto;
c) A stored sample transfer record.
2. Procedures for issuance of the decision on recognition of privileged circulation of plant varieties:
a) The applicant shall submit an application to the Department of Plant Production and Protection in person or online or by post;
The Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
b) Within 10 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall appraise it and issue the decision on recognition of privileged circulation of plant varieties using the Form No. 17 in the Appendix II attached hereto; in case of refusal, an written explanation shall be provided.
3. Procedures for cancellation of the decision on recognition of privileged circulation of plant varieties:
Within 10 working days from the receipt of the information about the violations specified in Clause 7 Article 15 of Law on Crop Production, the Department of Plant Production and Protection shall appraise the information and issue a decision to cancel the decision recognition of privileged circulation of plant varieties using the Form No. 18 in Appendix II attached hereto; and publish the Decision on its web portal.
Article 7. Applications and procedures for self-declaration of circulation of plant varieties
1. Application for self-declaration of circulation of plant varieties includes:
a) A self-declaration form made using Form No. 19 in Appendix IV attached hereto;
b) Cultivation process of the variety compiled by the applicant..
2. Procedures:
a) The applicant shall submit an application to the Department of Plant Production and Protection in person or online or by post.
The Department of Plant Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
b) Within 05 working days from the receipt of the satisfactory application, the Department of Plant Production and Protection shall publish it on its web portal. In case of refusal, a written explanation shall be provided. The applicant shall be entitled to produce and sell plant varieties after the information disclosure on the web portal of the Department of Plant Production and Protection.
Article 8. Applications, procedures, and authority to issue, suspend, restore, and cancel the Decision on recognition of elite trees, decision on elite orchard recognition of perennial industrial and fruit crops propagated by vegetative methods
1. Application for Decision on recognition of elite trees or Decision on recognition of elite orchard includes:
a) An application for issuance of a Decision on recognition of elite trees/elite orchard made using the Form No. 20 in Appendix II attached hereto;
b) A report on the results of elite tree selection made using Form No. 21 in Appendix II attached hereto; report on the results of elite orchard establishment made using Form No. 22 in Appendix II attached hereto.
2. Procedures for issuance of Decision on recognition of elite trees/elite orchard:
a) The applicant shall submit 01 set of application to the agency assigned to receive and process administrative procedures (where the elite trees/elite orchards are located) by the Chairperson of the Provincial People’s Committee in person, online, or by post;
The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
b) Within 10 working days from the date of receiving a satisfactory application, the assigned agency shall issue a Decision to establish an Appraisal Council for elite trees/elite orchards. The Council shall have at least 05 members who are representatives of scientists, managing agencies, and relevant specialized agencies. Within 05 working days from the date of establishment, the Council shall appraise the application and conduct on-site inspections of elite trees/elite orchards;
c) If the elite tree/elite orchard meets all conditions, within 05 working days from the date of appraisal completion, the assigned agency shall request the Chairperson of the Provincial People’s Committee to consider and decide on issuing a Decision on recognition of elite trees/elite orchard using Form No. 23 or 24 in Appendix II attached herewith; in case of refusal, a written explanation shall be provided.
3. Procedures for suspending Decision on recognition of elite trees/elite orchard:
a) On the annual or ad-hoc basis, the assigned agency shall establish an inspectorate to inspect the exploitation, use, and protection of elite trees/elite orchards;
b) If an elite tree/elite orchard fail to meet quality requirements according to national standards or local standards issued by the assigned agency, the inspectorate shall prepare an inspection minutes;
c) Within 05 working days from the date of preparing the inspection minutes, the assigned agency shall submit it to the Chairperson of the Provincial People’s Committee to consider and decide on issuing a Decision to suspend the recognition of the elite tree/elite orchard.
4. Procedures for restoring Decision on recognition of elite tree/elite orchard:
a) When the quality of the elite tree/elite orchard is restored to meet national or local standards, the entity shall send a written request for restoration of Decision on recognition of elite tree/elite orchard to the assigned agency in person, online, or by post.
The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
b) Within 05 working days from receiving the request, the assigned agency shall organize an appraisal. If the elite tree/elite orchard meets all meet national or local standards, the assigned agency shall request the Chairperson of the Provincial People’s Committee to consider and decide on issuing a Decision to restore the recognition of elite trees/elite orchard; in case of refusal, a written explanation shall be provided.
5. Within a maximum of 01 year from the date of issuing the suspension decision, if the entity fails to restore the quality of the elite tree/elite orchard according to the national or local standards, the assigned agency shall propose the Chairperson of the Provincial People’s Committee to issue a decision to cancel the Decision on recognition of elite trees/elite orchard.
Article 9. Labeling and advertising of plant varieties
1. A plant variety shall be labeled as per laws on goods label, including:
a) Name of plant variety;
b) Quality grade of the variety according to national standards. If there is no national standard, the local standard shall apply;
c) Characteristics of the variety, including: Mandatory indicators specified in national/local standards on cultivation and use values; quality indicators of propagating materials according to national technical regulations or local standards in accordance with Article 25 of the Law on Plant Production. In the case where a local standard applies due to the absence of national standards/technical regulations, sufficient information must be provided as per Form No. 07 in Appendix II attached hereto; other voluntary indicators (if any);
d) Instructions for storage and use: Specify storage conditions; scope of use regarding season and geographical area; summary of planting and care processes (if there are any special requirements) consistent with the application for recognition/self-declaration of circulation of plant varieties;
dd) Information, warnings (if any);
e) Quantity (mass of seeds or number of trees, pots, cuttings);
g) Manufacturing date and expiration date; grafting date of grafted trees; cutting date of cuttings; harvest date of seeds/tubers; date of transfer from test tubes to the nursery of tissue culture plants;
h) Name and address of the producer/importer;
i) Registration number for varieties issued with a circulation decision, or extended circulation decision;
k) Origin of the variety; in the case of imported plant variety, the phrase “sản xuất tại” (“produced in”) and the name of the country or territory for imported varieties shall be written;
l) Batch ID (for annual crops) or source ID (for perennial crops) consistent with applications for traceability; batch ID and source ID shall be specified in Appendix III attached hereto;
m) Information about the genetically modified (GM) plant for propagating materials of GM varieties.
2. Advertising of plant varieties:
a) Varieties issued with a Decision on recognition of circulation, Decision on recognition of privileged circulation of plant varieties, and plant varieties whose circulation is self-declared in accordance with laws on advertising;
b) Advertising content for plant varieties shall comply with the content specified in Decision on recognition of circulation, Decision on recognition of privileged circulation of plant varieties, and self-declaration of plant varieties.
3. For plant varieties imported for exhibitions or trade fairs, advertising shall follow the content of the import permit granted by the competent authority.
Article 10. Applications, procedures, and authority to issue export permits for plant varieties and hybrid seeds without obtaining the decision on recognition of circulation, self-declaration of circulation, and appearing in the Nomenclature of genetic resources of plant varieties prohibited from export for research, testing, advertising, exhibition and non-commercial international exchange purposes
1. The application includes:
a) An application for issuance of Export permit of plant varieties made using the Form No. 25 in Appendix II attached hereto;
b) A technical declaration (submitted only once for each variety upon first export) made using the Form No. 26 attached hereto;
c) A copy of the cooperation agreement in foreign language enclosed with a notarized Vietnamese translation thereof in case of export for research, testing and international cooperation purposes;
d) A confirmation or invitation to the exhibition or fair sent by the organizer in case of export for exhibition purpose.
2. Procedures:
a) The applicant shall submit 01 set of application to the agency assigned to receive and process administrative procedures by the Chairperson of the Provincial People’s Committee in person, online, or by post;
b) The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
c) Within 10 working days from the date of receiving a satisfactory application, the assigned agency shall organize an appraisal and submit it to the Chairperson of the Provincial People’s Committee to consider and decide on granting an export permit using Form No. 27 in Appendix II attached herewith; in case of refusal, a written explanation shall be provided.
Article 11. Applications, procedures, and authority to issue import permits for plant varieties without obtaining the decision on recognition of circulation, self-declaration of circulation for research, testing, advertising, exhibition and non-commercial international exchange purposes (including genetically modified plant varieties imported for testing to register for a Decision on recognition of circulation for plant varieties)
1. The application includes:
a) An application for issuance of import permit of plant varieties made using the Form No. 28 in Appendix II attached hereto;
b) A technical declaration (submitted only once for each variety upon first import) made using the Form No. 29 in Appendix II attached hereto;
c) A confirmation or invitation to the exhibition or fair sent by the organizer in case of import for exhibition purpose;
d) A Biosafety Certificate and a Certificate of genetically modified plants eligible for use as food or animal feed.
2. Procedures:
a) The applicant shall submit 01 set of application to the agency assigned to receive and process administrative procedures by the Chairperson of the Provincial People’s Committee in person, online, or by post;
b) The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
c) Within 10 working days from the date of receiving a satisfactory application, the assigned agency shall organize an appraisal and submit it to the Chairperson of the Provincial People’s Committee to consider and decide on granting an import permit for plant varieties without obtaining the decision on recognition of circulation, self-declaration of circulation for research, testing, advertising, exhibition and non-commercial international exchange purposes (including genetically modified plant varieties imported for testing to register for a Decision on recognition of circulation for plant varieties) using Form No. 27 in Appendix II attached herewith; in case of refusal, a written explanation shall be provided.
Article 12. Classification of fertilizers
1. Chemical fertilizers (also known as inorganic fertilizers) comprise fertilizers produced from inorganic substances or synthetic organic substances, processed through chemical processes or mineral processing. Depending on composition, content, or function of main quality indicators for plants or chemical bonding of nutrients, fertilizers shall be classified in accordance with national technical regulations.
2. Organic fertilizers comprise fertilizers produced from natural organic substances (excluding synthetic organic substances), processed through physical processes (drying, grinding, screening, mixing, moistening) or biological processes (composting, fermentation, extraction). Depending on composition, function of main quality indicators or production process, fertilizers shall be classified in accordance with national technical regulations.
3. Biological fertilizers comprise fertilizers produced through biological processes or of natural origin, containing one or multiple biological substances such as humic acid, fulvic acid, amino acids, vitamins or other biological substances. Depending on composition, function of main quality indicators, fertilizers shall be classified in accordance with national technical regulations.
4. Root fertilizers are fertilizers that fall under any of the cases specified in Clauses 1, 2, and 3 of this Article and are used to provide nutrients to plants through the root system or for soil improvement.
5. Foliar fertilizers are fertilizers that fall under any of the cases specified in Clauses 1, 2, and 3 of this Article and are used to provide nutrients to plants through the stems or leaves.
Article 13. Applications, procedures, and authority to issue the decision on recognition of fertilizer circulation in Vietnam
1. The application includes:
a) An application for issuance of a decision on recognition of fertilizer circulation in Vietnam made using the Form No. 30 in Appendix II attached hereto;
b) Basic information on the fertilizer certified by the producer, including: type; name; form; guidelines on use; methods of use; shelf life; warnings; quality indicators and content of restricted elements in the fertilizer and testing result;
c) The original report of fertilizer testing results according to national standards on fertilizer testing (except for the fertilizers specified in Clause 2 Article 39 of the Law on Crop Production);
d) A Certificate of Free Sale (CFS) issued by the exporting country (for imported fertilizers specified in points a, b, and c Clause 2 Article 39 of the Law on Crop Production).
In case the application is in a foreign language, a Vietnamese translation certified by a translation agency shall be included.
2. Procedures:
a) The applicant shall submit an application to the Department of Crop Production and Protection in person or online or by post;
b) The Department of Crop Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 02 working days for the application submitted online or by post;
c) Within 03 months from the date of receiving a complete application, the Department of Crop Production and Protection shall organize an appraisal. If the application is satisfactory, the Department shall issue the Decision on recognition of fertilizer circulation in Vietnam made using the Form No. 32 in Appendix II attached hereto; in case of refusal, a written explanation shall be provided.
3. The term of the Decision on recognition of fertilizer circulation in Vietnam is 05 years. Within 03 months before the expiration of the circulation period, entities shall perform the extension in accordance with Article 15 of this Circular.
Article 14. Applications, procedures, and authority to reissue the decision on recognition of fertilizer circulation in Vietnam
1. The application includes:
a) An application for reissuance of a decision on recognition made using the Form No. 30 in Appendix II attached hereto;
b) A document issued by the competent authority in intellectual property or the court regarding trademark infringement (in case of changing the fertilizer name);
c) The original or a certified copy of the contract or agreement on fertilizer transfer (in case of transferring a fertilizer in the Decision on recognition).
2. Procedures:
a) The applicant shall submit an application to the Department of Crop Production and Protection in person or online or by post;
b) The Department of Crop Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 02 working days for the application submitted online or by post;
c) Within 07 working days from the date of receiving a complete application, the Department of Crop Production and Protection shall organize an appraisal. If the application is satisfactory, the Department shall issue the Decision on recognition made using the Form No. 32 in Appendix II attached hereto; in case of refusal, a written explanation shall be provided.
3. The term of the reissued Decision on recognition shall follow the remaining term of the previously issued Decision.
Article 15. Applications, procedures, and authority to extend the decision on recognition of fertilizer circulation in Vietnam
1. The application includes:
a) An application for extension of a decision on recognition made using the Form No. 30 in Appendix II attached hereto;
b) A report on the production, export, import, and use of the fertilizer made using Form No. 31 in Appendix II attached hereto
2. Procedures:
a) The applicant shall submit an application to the Department of Crop Production and Protection in person or online or by post;
b) The Department of Crop Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 02 working days for the application submitted online or by post;
c) Within 07 days from the date of receiving a complete application, the Department of Crop Production and Protection shall organize an appraisal. If the application is satisfactory, the Department shall extend the Decision on recognition made using the Form No. 32 in Appendix II attached hereto; in case of refusal, a written explanation shall be provided.
Article 16. Applications, procedures, and authority to cancel the decision on recognition of fertilizer circulation in Vietnam
1. In the cases prescribed in point a Clause 1 Article 38 of the Law on Crop Production, the Department of Crop Production and Protection shall consolidate and appraise the information. Within 05 working days from the date of concluding that the fertilizer poses a high risk to human health or the environment, the Department of Crop Production and Protection shall issue a decision to cancel the Decision on recognition.
2. In the cases specified in point b Clause 1 Article 38 of the Law on Crop Production, within 05 working days from receiving the conclusion on the use of forged documents or provision of false information of the recognized fertilizer, the Department of Crop Production and Protection shall issue a decision to cancel the Decision on recognition.
3. A Decision to cancel the Decision on recognition includes:
a) Fertilizer name – Fertilizer ID;
b) Name of the owner of the fertilizer;
c) Reasons for cancellation, including legal or scientific grounds;
d) Effect of the cancellation decision.
4. The Department of Crop Production and Protection shall publish the decision to cancel the Decision on recognition of fertilizer circulation in Vietnam on its website within 02 working days from the date of signing.
Article 17. Applications, procedures, and authority for grant of fertilizer import permits
1. The application includes:
a) An application for fertilizer import made using Form No. 33 in Appendix II attached hereto;
b) A technical declaration made using the Form No. 34 in Appendix II attached hereto;
c) A document of the manufacturer regarding quality indicators, instructions for use, warnings, and restrictive elements in the fertilizer;
d) A Certificate of Free Sale (CFS) issued by the exporting country (for fertilizers imported in accordance with points a, b, c, d, dd, e, and g Clause 2 Article 44 of the Law on Crop Production).
dd) A written confirmation or invitation to participate in a trade fair or exhibition in Vietnam (for fertilizers imported in accordance with point dd Clause 2 Article 44 of the Law on Crop Production).
e) A research outline for the fertilizer to be imported (for fertilizers imported in accordance with point e Clause 2 Article 44 of the Law on Crop Production);
In case the application is in a foreign language, a Vietnamese translation certified by a translation agency shall be included.
2. Procedures:
a) The applicant shall submit 01 set of application to the agency assigned to receive and process administrative procedures by the Chairperson of the Provincial People’s Committee in person, online, or by post;
b) The assigned agency shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
c) Within 07 working days from the date of receiving a satisfactory application, the assigned agency shall organize an appraisal and submit it to the Chairperson of the Provincial People’s Committee to consider and decide on granting a fertilizer import permit using Form No. 35 in Appendix II attached herewith; in case of refusal, a written explanation shall be provided.
Article 18. Training content and duration, and authority to issue fertilizer sampling certificates
1. Training content includes:
a) Applicable regulations on fertilizers;
b) Fertilizer sampling methods according to national standards;
c) Practical fertilizer sampling.
2. Training duration: 05 days.
Based on the results of the post-training examination, the Department of Crop Production and Protection shall issue the fertilizer sampling certificate using Form No. 36 in Appendix II attached hereto.
3. Entities that wish to participate in fertilizer sampling training shall register directly, by post, or online with the Department of Crop Production and Protection.
4. The Department of Crop Production and Protection shall develop the program, compile the training materials for fertilizer sampling; take charge and cooperate with schools and institutes to organize training and issue fertilizer sampling certificates.
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULARS IN CROP CULTIVATION AND PLANT PROTECTION
Article 19. Amendments and supplements to certain articles of Circular No. 43/2018/TT-BNNPTNT dated December 28, 2018
1. Article 9 is amended as follows:
“Article 9. Applications, procedures, and authority for issuance of Phytosanitary Certificate to items in the List of objects that have to undergo pest risk analysis before import
1. The application includes:
An application for a Phytosanitary Certificate according to Form No. 01 in Appendix II issued herewith;
2. Procedures:
a) The applicant shall submit an application to the Department of Crop Production and Protection in person or online or by post;
b) The Department of Crop Production and Protection shall respond regarding the completeness of the application immediately for in-person submissions; or respond in writing within 01 working day for the application submitted online or by post;
c) Within 10 working days from the receipt of the satisfactory application, the Department of Crop Production and Protection shall issue the Phytosanitary Certificate using the Form No. 02 in Appendix II attached hereto; in case of refusal, a written explanation shall be provided.
3. Validity of the permit:
The Phytosanitary Certificate shall be valid for the entire shipment specified herein; the validity period shall be specified for each article, but shall not exceed 12 months from the date of issuance.”.
2. Article 8; Form No. 01/BVTV, Form No. 02/BVTV, Form No. 03/BVTV in Appendix IV shall be annulled.
3. Form No. 04/BVTV, Form No. 05/BVTV in Appendix IV shall be replaced with Form No. 01, Form No. 02 of Appendix II attached hereto.
Article 20. Amendments and supplements to certain articles of Circular No. 21/2015/TT- BNNPTNT dated June 08, 2015
1. Point b Clause 2 of Article 10 is amended as follows:
“b) Documents proving that applicants are entitled to register pesticides in Vietnam:
The original or a certified copy of a document confirming the applicant is a manufacturer of the pesticide product specified in the application for the testing permit and granted by the competent authority in the applicant’s home country (applicable to the foreign manufacturer).
The original power of attorney from the manufacturer to the applicant (of delegation of authority to bear their name on the registration). The power of attorney from a foreign manufacturer shall be legalized by the consulate in accordance with Vietnamese law, except when the exemption from legalization is governed under the International Agreements to which Vietnam is a signatory.”.
2. The following clauses, points, and appendices are hereby annulled:
a) Annul point b clause 2 Article 11; point b clause 2 Article 13; Article 15; point d clause 2 Article 16; Article 21; clause 2 Article 23; Article 30; Article 31; Article 35; Article 36; clause 5 Article 60; Article 61; Article 62; point c clause 3 Article 80; point c clause 1 Article 82; clause 4 Article 82;
b) Annul Appendix IX, Appendix X, Appendix XI, Appendix XIV, Appendix XV, Appendix XVI, Appendix XVII, Appendix XVIII, Appendix XIX, Appendix XX, Appendix XXI, Appendix XXXIV, Appendix XXXV attached to the Circular.
3. The following phrases are hereby removed:
a) Remove the phrase “trừ trường hợp bị mất” (“except in case of loss”) in point b clause 2 Article 12;
b) Remove the phrase “và báo cáo tổng hợp kết quả khảo nghiệm” (“and the general report on the testing result”) and the phrase “và Phụ lục XI” (“and Appendix XI”) in point d clause 2 Article 13.
4. The following phrases are replaced:
a) Replace the phrase “10 ngày làm việc” (“10 working days”) with the phrase “08 ngày làm việc” (“8 working days”); replace the phrase “15 ngày làm việc” (“15 working days”) with the phrase “11 ngày làm việc” (“11 working days”) in point a clause 3 Article 10;
b) Replace the phrase “05 ngày làm việc” (“05 working days”) with the phrase “03 ngày làm việc” (“03 working days”) in Clause 3 Article 12;
c) Replace the phrase “06 tháng” (“6 months”) with the phrase “04 tháng” (“04 months”) in clause 3 Article 13;
d) Replace the phrase “10 ngày làm việc” (“10 working days”) with the phrase “08 ngày làm việc” (“08 working days”) in Clause 4 Article 14;
dd) Replace the phrase “02 ngày làm việc” (“02 working days”) with the phrase “01 ngày làm việc” (“01 working day”) in point a Clause 3 Article 44;
Article 21. Amendments and supplements to certain articles of Circular No. 12/2025/TT- BNNMT dated June 19, 2025
1. Annul points a, b, and d Clause 2 Article 1; Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 25; Clauses 2 and 3 of Article 26;
2. Annul Forms No. 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 42, 43 in Appendix I attached to this Circular.
3. Remove the sentence: “In the case of issuance/reissuance of Certificate of eligibility for fertilizer production, the applicant shall submit its application to the agency assigned by the Chairperson of the Provincial People’s Committee to receive and process administrative procedures (where the applicant’ manufacturing plant is located).” In Clause 3 Article 3.
Article 22. Amendments and supplements to certain articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015, as amended by Circular No. 15/2021/TT-BNNPTNT dated December 6, 2021
1. Annul Articles 5, 6, 7, 8, and 9.
2. Annul Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, and Appendix VII.
3. Remove the phrase “và cấp Thẻ hành nghề ” (“and issue practicing card”) in Clause 2 Article 10;
4. Replace the phrase “Chi cục bảo vệ thực vật” (“Sub-department of Plant Protection”) with the phrase “cơ quan chuyên ngành bảo vệ và kiểm dịch thực vật” (“specialized agency for plant protection and quarantine”) in Clause 1 Article 11.
1. This Circular shall come into force from January 23, 2026.
2. Circular No. 11/2022/TT-BNNPTNT dated September 20, 2022 shall cease to be effective from the date this Decree comes into force.
1. The Director of the Department of Crop Production and Protection, heads of units affiliated with the Ministry, chairpersons of provincial People’s Committees, directors of Departments of Agriculture and Environment of provinces, and relevant organizations and individuals shall implement this Circular.
2. Any difficulties that arise during the implementation should be promptly reported to the Ministry of Agriculture and Environment (through the Department of Crop Production and Protection) for consideration and handling./.
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PP. MINISTER Hoang Trung |
