CIRCULAR

PROVIDING FOR THE INSPECTION OF AGRICULTURAL MATERIAL  PRODUCTION/TRADING ESTABLISHMENTS AND INSPECTION, CERTIFICATION OF SAFETY CONDITIONS FOR AGRO-FORESTRY-FISHERY PRODUCTS

Pursuant to the Decree No. 199/2013/ND-CP dated November 26^th 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Product and goods quality ratified on November 21^st 2007 by National Assembly and the Government's Decree No.132/2008/ND-CP dated December 31^st 2008 detailing the implementation of a number of articles of the Law on Product and goods quality;

Pursuant to the the Law of Food safety ratified on June 17^th 2010 by National Assembly and the Government's Decree No.38/2012/ND-CP dated December April 25^th 2012 detailing the implementation of a number of articles of the Law of Food safety;

Pursuant to the Law on Technical regulations and standards ratified by National Assembly on June 29^th 2006 and the Government’s Decree No. 127/2007/ND-CP dated August 01^st 2007 detailing the implementation of a number of articles of the Law on Technical regulations and standards;

Pursuant to the Joint Circular of the Ministry of Health - the Ministry of Agriculture and Rural development - the Ministry of Industry and Trade No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated 9/4/2014 guiding the assignment and cooperation in the state management in food safety;

At the request of the Director of National Agro - Forestry - Fishery Quality Assurance Department.

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Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the inspection of quality assurance conditions of agricultural material production/trading establishments; inspection and certification of fulfillment of food safety conditions or agro-forestry-fishery products production/trading establishments under the management of the Ministry of Agriculture and Rural Development; responsibilities and power of relevant parties.

Article 2. Regulated entities

1. Any agricultural material production/trading establishments having the Certificate of Business registration.

2. Any rural tap water production/trading establishments.

3. Any agro-forestry-fishery food production/trading establishments, including:

a. The initial agro-forestry-fishery food establishments having the Certificate of Business registration or the Investment certificate or the Certificate of farmhouse economy; mechanic fishing ship with total capacity of the main machine of 90CV or higher;

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c. The establishments producing and/or trading ice that is used for preparing and processing food product under the management of the Ministry of Agriculture and Rural Development;

d. The establishments producing and trading wrapping tools/materials for productions associated with agro-forestry-fishery food production/trading establishments;

dd. Multiple food production establishment under the management of the Ministry of Agriculture and Rural development and The Ministry of Industry and Trade (Clause 4 Article 3 of the Joint Circular No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated 09/4/2014).

(Hereinafter referred to as establishment).

4. Agencies, organizations and individuals relating to the production/trading of the establishments specified in Clauses 1, 2 and 3 of this Article.

Article 3. Interpretation of terms

In this Circular, these terms can be construed as follows:

1. Classification of violations:

a) Serious violations: means the unconformity with the technical standards or the regulations, affecting the food safety and quality.

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c) Minor violations: means the unconformity with the technical standards or the regulations that may affect the food safety and quality or obstruct the food safety and quality control.

2. Agro-forestry-fishery food business establishments are the places where one or a number of or all of the activities including the introduction, preservation, transport or trading of agro-forestry-fishery food are carried out.

3. Agricultural material business establishments are the places where one or a number of or all of the activities including the introduction, preservation, transport or trading of agricultural material are carried out.

4. Initial agro-forestry-fishery food production establishments are the places where one, a number of or all of the activities including planting, breeding, harvesting, catching, and developing agro-forestry-fishery products or salt production are carried out.

5. Agricultural material production establishments are the places where one or a number of or all of the activities including the production, packaging and preservation of agricultural material products.

6. Origin accessing is the looking for the formulation and circulation of products.

7. Agricultural materials includes the plant varieties, animal breeds, organic fertilizer and other type of fertilizer, animal feed, aquatic feed, pesticide, veterinary drugs, chemicals, biological preparations, substances used or environmental remediation and treatment in agricultural and aquatic production.

Article 4. Basis for inspection

1. The technical regulations and Vietnam’s standards.

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Article 5. Inspection agencies

1. Central-level inspection agencies are the Directorates, Line management directorates affiliated to the Ministry of Agriculture and Rural Development according to the assignment of the Ministry of Agriculture and Rural Development.

2. Local-level inspection agencies are decided by People's Committees of provinces on the basis of the assignment and arrangement of the Ministry of Agriculture and Rural Development, the real situations of local areas and the proposal of Services of Agriculture and Rural development.

Article 6. Form of inspection

1. Inspection for grading: is the inspection with prior announcement to check the items in terms of conditions for the food safety and quality of the establishment; applicable to:

a) The establishments that undergo the initial inspection;

b) The establishments having undergone inspection and considered satisfactory that are innovated and expanded in production;

c) The establishments having undergone inspection and considered unsatisfactory that have eliminated the violations;

d) The establishments that have undergone inspection and considered satisfactory but delay the periodic inspection for more than 6 months;

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2. Periodic inspection: is the inspection without prior announcement, applicable to the establishments that are graded acceptable or higher to monitor the maintenance of food safety and quality.

3. Irregular inspection: is the inspection without prior announcement in the following cases:

a) There is a complaint from an organization/agency directly relating to the establishment that commits violation against the food safety and quality;

b) There is feedback of consumers or the means of mass media about the violations concerning the food safety and quality of the products of the establishment;

c) For the management request or according to the direction of the superior agency.

Article 7. Inspection contents and methods

1. Inspection contents:

a) Facilities and equipment;

b) Human resources carrying out the production, trade and the management of food safety and quality;

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d) Harvest of specimens: specimens are harvest when the products are suspected not satisfying the food safety and quality; establishments that are being given C grade shall have specimens harvested. The assignment of analyzing criteria shall depend on the assessment of risk in food safety and quality and focus on the contents of assessment of conditions of the food safety and quality that are not satisfactory. The harvest and analysis of specimens shall comply with the current regulations.

2. Inspection methods: Including the inspection of current conditions of facilities, equipment and human resources carrying out the production/trading; inspection of documents and interview of relevant entities; harvest of specimens if necessary.

Article 8. Form of grading

1. A grade (good): Applies to establishments fully satisfying the requirements for assurance of quality and safety of food.

2. B grade (acceptable): Applies to establishments that basically satisfy the requirements for food safety and quality; there are number of violations but not seriously affects the food safety and quality.

3. C grade (unacceptable): applies to establishments that do not satisfy the requirements for food safety and quality.

The criteria for assessment of specific form of establishments specified in the inspection record enclosed herewith.

Article 9. Inspection frequency

1. The inspection frequency applies to agricultural material production/trading establishments and rural tap water production/trading establishments is specified as follows:

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b) Regarding B-grade establishments: twice per year;

c) Regarding C-grade establishments: Time of inspection depends on the seriousness of violations committed by the establishment undergoing inspection and is decided by the inspection agency but not exceeds 6 months since is given C grade.

2. Inspection frequency applicable to agro-forestry-fishery food production/trading establishments is specified as follows:

a) Regarding A-grade establishments: once per year;

b) Regarding B-grade establishments: twice per year;

c) Regarding C-grade establishments: Time of inspection depends on the violation level of the establishment undergoing inspection and is decided by the inspection agency but not exceeds 3 months since is given C grade. If the time of the inspection coincides the finish of a cycle, then the inspection shall be carried out when the next cycle starts.

Article 10. Requirements on the chief inspectors, the inspectors and the specimen collectors

1. Requirements on the chief inspectors

a) Have professional knowledge appropriate to the inspection contents

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c) Have participated in at least 05 (five) inspections in the field of inspection.

2. Requirements on inspectors

a) Have professional knowledge appropriate to the

b) Have completed the training in professional knowledge appropriate to the field of inspection and the inspector training courses.

3. Requirements on specimen collectors:

a) Have appropriate professional skills;

b) Have certificates in specimen collection or certificates of training relating to specimen collection.

Article 11. Fees and charges

1. The collection of fee for inspection and charges for Certificate of fulfillment of food safety conditions shall comply with the current regulations of the Ministry of Finance.

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Chapter II

INSPECTION OF AGRO-FORESTRY-FISHERY PRODUCTS AND AGRICULTURAL MATERIAL PRODUCTION/TRADING ESTABLISHMENTS CERTIFICATION OF SAFETY CONDITIONS FOR AGRICULTURE, FORESTRY AND AQUACULTURE PRODUCTS

Section 1: INSPECTION OF AGRO-FORESTRY-FISHERY PRODUCTS AND AGRICULTURAL MATERIAL PRODUCTION/TRADING ESTABLISHMENTS

Article 12. Formulation of list of production/trading establishments

The inspection agency shall formulate a list of affiliated establishments according to the arrangement specified in Article 5 of this Circular according to the Appendix I enclosed herewith. This list is the basis for the inspection agency to formulation the inspection plan.

Article 13. Announcement of inspection plan

1. Regarding the form of inspection and grading: The inspection agency shall notify the inspection plan to the establishments subject to inspection before the inspection dated at least 05 working days (directly or by fax, email or by post). The inspection plan shall include:

a) Scheduled time of inspection;

b) The scope, contents and form of inspection;

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2. Regarding the periodic inspection and irregular inspection, the inspection plan shall be announced at the beginning session of the Inspectorate at the establishment.

Article 14. Establishment of the Inspectorate

1. The head of the inspection agency shall issue the Decision on establishment of the Inspectorate. The Decision on establishment of the Inspectorate shall specify:

a) The bases for inspection;

b) The scope, contents and form of inspection;

c) Name and address of the establishment that needs inspection;

d) Full name and position of the chief and members of the Inspectorate;

dd) Responsibilities of the establishments and the Inspectorate.

2. In case of inspection of establishments producing and/or trading multiple branches of agricultural materials and agro-forestry-fishery products, Head of the agency that is assigned to preside over the inspection shall request the relevant cooperating agencies to appoint officials to join the Inspectorate.

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1. The Inspectorate shall make announcement about the Establishment Decision, specifying the purposes and contents of the inspection.

2. Carry out the physical inspection (the facilities, equipment and the human resources participating in the production/trading activities), examine the documents and carry out the interview (if necessary), collect specimens according to the regulations in clause 1 Article 7 of this Circular.

3. Make the inspection record when the inspection finishes and make announcement about the inspection result.

Article 16. Inspection records

1. Forms of inspection records

a) Regarding the agricultural materials production/trading establishments and rural tap water production/trading establishments: the form in Appendix II enclosed herewith shall be used.

b) Regarding the agro-forestry-fisheries production/trading establishments: the form in Appendix III enclosed herewith shall be used. If the establishment is other than those specified in Appendix III, the form in Appendix IV enclosed herewith shall be used.

2. Requirements on an inspection record

a) Made at the establishment right after the inspection;

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c) Specifying the items that fail to satisfy the food safety and quality and time limit for the establishment to eliminate the violations;

d) Containing the general conclusion about food safety and quality conditions and provisional grade of the establishment;

dd) Containing the opinions of the competent representative of the establishment about the results and commitment to eliminate the violations (if any);

e) Containing the signature of the chief inspector and the signature of the competent representative of the establishment with the overlapping stamp of the establishment (if any) on the first page or the last page of inspection record (or on every page if the establishment does not have a stamp);

g) If the representative of the establishment refuses to sign on the inspection record, the Inspectorate shall note “The representative of the establishment refuses to sign on the record” and state the reasons. The record is still legally valuable if it has the signatures of all of members of the Inspectorate;

h) The inspection record shall be made in 02 copies, 01 of which shall be retained at the Inspection agency and the other one shall be retained at the establishment; the number of copies may be increase if necessary.

Article 17. Processing of the inspection results

After appraising the inspection record of the Inspectorate (an inspection on premise may be conducted if necessary), within 07 working days from the day on which the inspection finishes, the Inspection agency shall:

1. Regarding the inspections for grading:

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b) Notify the establishments given C grade enclosed with the request for elimination of violations Depending on the seriousness of violations committed by the establishment, the inspection agency shall request a competent agency to handle the violations according to the law provisions, concurrently decide the time limit for elimination and the re-inspection. If the result of the re-inspection presents that the establishment fails to eliminate the violations and receives C grade again, the inspection agency shall request the competent agency to withdraw the Certificate of Business registration of the establishment.

2. Regarding the periodic inspections and irregular inspections:

a) Regarding establishment downgraded to B grade: notify the establishment about the downgrading and the frequency of inspection that will be applied.

b) Regarding the establishment downgraded to C grade: notify the establishment about the downgrading enclosed with the request for elimination of violations Depending on the seriousness of violations committed by the establishment, the inspection agency shall request a competent agency to handle the violations according to the law provisions, concurrently decide the time limit for elimination and the re-inspection. If the result of the re-inspection presents that the establishment fails to eliminate the violations and receives C grade again, the inspection agency shall request the competent agency to withdraw the Certificate of Business registration of the establishment.

3. Issue the Certificate of fulfillment of food safety conditions to A grade and B grade agro-forestry-fishery food production/trading establishments according to the regulations in Article 18 of this Circular.

4. If the inspection result shows that the products are against the regulations on food safety and quality, the inspection agency shall request the competent agency to handle according to the law provisions, concurrently publish the analysis results.

5. The inspection agency shall not grant the recognition of A grade or B grade to any establishment having inspection result proving the violations against the regulations on food safety and quality. The consideration and recognition of the grading A or B shall be carried out when the establishment have found out the causes and taken remedial measures and appraised satisfactory by the inspection agency.

6. The inspection agency shall publish on means of mass media the satisfactory and unsatisfactory establishment towards food safety and quality conditions.

Section 2: CERTIFICATION OF FUFILLMENT OF FOOD SAFETY CONDITIONS FOR AGRO-FORESTRY-FISHERY PRODUCTION/TRADING ESTABLISHMENTS

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1. Agencies competent in issuing the Certificate of food safety (hereinafter referred to as the issuer) are the inspection agencies specified in Article 5 of this Circular in a principle that the inspection agency issue the certificates to the establishments undergone their inspection.

2. The Certificate of food safety is effective for 03 (three) years. The form of the Certificate of food safety prescribed in Appendix V enclosed with this Circular.

3. The application for the Certificate of food safety shall include:

a) The form in Appendix VI enclosed herewith;

b) The Certificate of Business registration or the Investment certificate containing the food production/trading branch or the certificate of farming economy (except for the mechanic fishing ship with total capacity of the main machine of 90CV or higher): the notarized copies or the copies enclosed with the original for comparison;

c) A description of the food safety conditions of the establishment according to Appendix VII enclosed herewith (except for the mechanic fishing ship with total capacity of the main machine of 90CV or higher);

d) The list of owners of establishments and people directly carry out the production/trading of food who are issued with the Certificate of proficient in food safety to the same recipient (verified by the production/trading establishments);

dd) The list of owners of establishments and people directly carry out the production/trading of food who are issued with the Certificate of satisfactory health (verified by the production/trading establishments).

4. Procedures for the issuance of the Certificate of food safety;

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b) Within 03 (three) working days from the day on which the application for the Certificate of food safety is received, the issuer shall examine the application and send a written notification to the establishment if the application is unsatisfactory;

c) Within 15 working days from the day on which the satisfactory application is received, the issuer shall conduct appraisal of documents on the inspection and grading of the establishment they have carried out or conduct a physical inspection of the food safety condition on premise (in case the establishment has not undergone inspection and has not been graded) and issue the Certificate of food safety. If the application is rejected a written response shall be made containing the explanation.

5. Procedures for the reissuance of the Certificate of food safety:

a) 06 months before the expiration of the Certificate of food safety, any establishment wishing to continue the business shall submit an application for reissuance of the Certificate of food safety.

The issuer shall carry out the reissuance of the Certificate of food safety; the effective duration of the Certificate, documents and procedures for the reissuance for the Certificate shall comply with the initial issuance of the Certificate specified in clauses 1, 2, 3 and 4 Article 18 of this Circular.

b) If the Certificate of food safety is unexpired but is lost, damaged or modified, the establishment shall make a written application for reissuance of the Certificate according to Appendix V and send it to the issuer for reissuance.

Within 05 (five) working days from the day on which the application for the reissuance of the Certificate of food safety is received, the issuer shall examine the application and consider reissuing the Certificate for the establishment. Date of expiration of the new Certificate of food safety in this case shall coincide the date of expiration of the old Certificate. If the application is rejected a written response shall be made containing the explanation.

6. Withdrawal of the Certificate of food safety:

a) An agro-forestry-fishery food production/trading establishment shall have the Certificate of food safety withdrawn in the cases specified in Article 13 of the Government's Decree No. 38/2012/ND-CP dated April 25, 2012, detailing the implementation of some articles of the Law of Food safety.

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Any agency competent in issuing the Certificate of food safety shall be competent in withdrawing it.

7. If there are specific regulations on procedures for issuance, reissuance or withdrawal of the Certificate of food safety towards the peculiar agro-forestry-fishery food establishments, then such regulations shall prevail.

Article 19. Issuance of the Certificate of proficient in food safety to the same recipient to the establishments’ owner and people directly carrying out the production/trading of food

1. The issuers of Certificate of proficient in food safety to the same recipient are the agencies specified in clause 1 Article 18 of this Circular in the principle that the issuer of the Certificate of fulfillment of food safety conditions shall be the issuer of the Certificate of proficient in food safety to the same recipient. The issuer may assign or authorize the issuance to the affiliated according to the law provisions.

2. Entities eligible for issuance of the Certificate:

a) The establishments’ owners: The owner of the establishment or the person who is hired or authorized to directly manage the business of the establishment.

b) People directly carrying out the production/trading: People who directly participate in the production/trading process at the establishment.

3. The application for issuance of the Certificate of proficient in food safety to the same recipient, procedures for certification of the knowledge about food safety and the management of the Certificate of proficient in food safety to the same recipient are specified in Articles 10, 11 and 12 of the Joint Circular the Ministry of Health - the Ministry of Agriculture and Rural development - the Ministry of Industry and Trade No. 13/2014/TTLT-BYT-BNNPTNT-BCT dated 9/4/2014.

4. The examination of knowledge about food safety shall be carried out using a set of multiple-choice questions including 30 questions with 20 general-knowledge questions and 10 professional-knowledge questions, the examination shall last 45 minutes.

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Chapter III

ORGANIZATION

Article 20. People’s Committees of provinces

1. Decide the inspection agencies specified in Article 5 clause 2 of this Circular on the basis of the proposal of the Service of Agriculture and Rural development.

2. Direct the Service of Finance to appraise and request the authority to approve the funds from the state budget to the inspection agencies according to the regulations.

Article 21. Services of Agriculture and Rural development of provinces

1. Give advice to People's Committees of provinces on deciding the inspection agencies specified in clause 2 Article 5 of this Circular in local area.

2. Direct and guide the implementation of this Circular within the assignment scope in local area.

3. Report the result of implementation of this Circular to the Ministry of Agriculture and Rural Development (via National Agro - Forestry - Fisheries Quality Assurance Department) according to the current regulations on report.

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1. Guide and direct the inspection in the system from central to local government.

2. Guide the constant documents, forms and inspection methods to the establishments under management. Propose, formulate and request the Ministry to promulgate the inspection record appropriate to the peculiarity of the establishment.

3. Provide professional training and guidelines for inspectors in the whole system from central to local government.

4. Directly conduct inspection and issue the certificates for establishments according to the arrangement of the Ministry of Agriculture and Rural Development.

5. Publish on website of the inspection agency and of the Ministry of Agriculture and Rural Development the list of satisfactory and unsatisfactory establishments towards the food safety and quality within the management.

6. Inspect the implementation of inspection agencies in local areas.

7. Retain systematically the documents relating to the collection, inspection and grading of establishments within the management according to the arrangement; ensure the data security according to current regulations.

8. Report the result of implementation of this Circular to the Ministry of Agriculture and Rural Development (via National Agro - Forestry - Fisheries Quality Assurance Department) according to the current regulations on report.

Article 23. Local-level inspection agencies

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2. Provide professional training and guidelines for officials in charge of the inspection.

3. Publish on means of mass media the list of production/trading satisfactory and unsatisfactory establishments towards food safety and quality within the arrangement in administrative division.

4. Retain systematically the documents relating to the collection, inspection and grading of production/trading establishments within the management according to the arrangement.

5. Report the result of implementation of this Circular to Services of Agriculture and Rural development  (via National Agro - Forestry - Fisheries Quality Assurance Department of districts) according to the current regulations on report.

Article 24. Production/trading establishments

1. Assign competent persons to be representatives of the establishment to work with the Inspectorate.

2. Facilitate the Inspectorate to carry out the inspection and specimen collection on premise; provide sufficient information, specimens and relevant documents at the request of the Inspectorate.

3. Eliminate the violations that are written on the inspection record and punctually send a written report to the Inspection agency according to the time specified in the inspection record.

4. Post publicly the inspection record at the production establishment.

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6. Recall and treat the products that do not satisfy the food safety and quality according to the regulations.

7. Establishments are entitled to send complaints to the inspection agencies if they do not agree with the results made by the Inspectorate.

8. Notify the inspection agency in case the production/trading is terminate or the establishment is dissolved or changed in production location or production conditions or changed in the owners.

Article 25. Chief inspectors and inspectors

1. Regarding the chief inspectors

a) Direct the members of the Inspectorate to comply with the inspection decision.

b) Ensure the objectivity, accuracy and honesty during the inspection.

c) Append sign on the inspection record, report the inspection results, take responsibilities to the Inspection agency and take legal responsibilities for the inspection results made by the Inspectorate.

d) Make the final conclusion on behalf of the Inspectorate about the inspection results.

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2. Inspectors

a) Inspect and assess the conformity of production/trading conditions of the establishments with the relevant regulations and technical standards.

b) Carry out the tasks according to the arrangement of the chief inspector.

c) Comply with the procedures and methods of inspection and specimen collection; ensure the objectivity, accuracy and honesty when carrying out the inspection and collection of specimen.

d) Take responsibilities and report the results of the assignment to the chief inspector.

dd) Ensure the security of information relating to the production/trading secret of the establishment and secure the inspection result until the inspection result is recognized and the notification of inspection result of the Inspection agency is received.

Article 26. Transitional clause

The Certificate of fulfillment of food safety conditions that are issued before the effective date of this Circular shall be effective continuously until the expiration date prescribed on the certificate.

Chapter IV

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Article 27. Effect

1. This Circular comes into effect from January 17^th 2015.

2. This Circular replaces the Circular No. 14/2011/TT-BNNPTNT dated 29/3/2011 by the Minister of Agriculture and Rural development, Circular No. 53/2011/TT-BNNPTNT dated 02/8/2011, Circular No 35/2012/TT-BNNPTNT dated 27/10/2012, Circular No. 01/2013/TT-BNNPTNT dated 04/01/2013, Circular No. 59/2012/TT-BNNPTNT dated 09/11/2012 by the Minister of Agriculture and Rural development and the consolidated document No. 05/VBHN-BNNPTNT dated 14/2/2014.

Article 28. Amendments

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for amendments./.

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT




Cao Duc Phat

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ATTACHED FILE