Dossier for granting a Business Certificate to a fertilizer dealer according to regulations

To become a fertilizer agent, does the agent need to ensure fertilizer trading procedures? If necessary, what is the procedure?

1. To become a fertilizer agent, does an agent need to ensure fertilizer trading procedures?

Pursuant to Article 166 of the 2005 Commercial Law, regulations on commercial agents are as follows:

“Article 166. Commercial agency

Commercial agency is a commercial activity, whereby the principal and the other party The agent agrees on the agent’s behalf to buy and sell goods to the principal or provide the principal’s services to customers to receive remuneration.”

And according to Article 42 of the 2018 Law on Crop Production, the trading conditions are as follows:

“Article 42. Fertilizer trading conditions

1. Group Organizations and individuals trading in fertilizers must have a Certificate of eligibility to trade in fertilizers; in case of trading in fertilizers that they produce, they are not required to have a Certificate of eligibility to trade in fertilizers.

2. Conditions for issuance of a Certificate of eligibility to trade in fertilizers include:

a) Having a clear, legal place of transaction;

b) Having sufficient conditions to trade in fertilizers. Records and documents to trace the origin of fertilizers according to regulations;

c) People who directly trade fertilizers must be trained and professionally fostered on fertilizers according to the guidance of the Ministry of Agriculture and Rural Development, except for cases with intermediate or higher degrees in one of the majors in cultivation, plant protection, soil agrochemistry, soil science, agronomy, chemistry, biology.

3. The Government regulates in detail the conditions, documents, order, procedures, deadlines, and authority to issue, reissue, and revoke the Certificate of eligibility to trade in fertilizers.”

Thus, fertilizer agents are trading activities in the field of fertilizers, so they need to meet the conditions for trading in fertilizers.

2. What documents are needed to issue a Business Certificate to a fertilizer dealer?

As mentioned above, a fertilizer dealer needs to issue a business certificate, specifically the application for a Certificate of eligibility to trade in fertilizers in Article 15 of Decree 84/2019/ND-CP is as follows:

“Article 15. Documents for issuance of a Certificate of eligibility to trade in fertilizers Fertilizer trading

1. Application for a Certificate of eligibility to trade in fertilizers according to Form No. 08 in Appendix I issued with this Decree.

2. Copy of certificate of professional training and fostering in fertilizers or intermediate diploma or higher of the person directly selling fertilizers as prescribed in Point c, Clause 2, Article 42 of the Law on Planting. cultivation.”

3. What are the procedures for granting business certificates to fertilizer agents?

Pursuant to point b, Clause 1, Article 17 of Decree 84/2019/ND-CP stipulating the procedures for granting fertilizer business certificates as follows:

“Article 17. Procedures for issuance and re-issuance of Certificate of eligibility for fertilizer production, Certificate of eligibility for fertilizer trading fertilizer

1. Procedure for issuance of Certificate.

a) Procedure for issuance of Certificate of eligibility for fertilizer production is as follows:

Organizations and individuals send documents to the competent authority specified in Clause 1, Article 13 of this Decree.

Within 20 working days from On receipt of the complete dossier, the competent authority evaluates the dossier content. If the dossier meets the requirements, it shall carry out an actual inspection of the fertilizer production conditions and the fulfillment of obligations of the fertilizer producing organizations and individuals according to the provisions of Point i, Clause 2, Article 50 of the Law on Crop Production and prepare an inspection record according to Form No. 12 Appendix I issued with this Decree.

In case an organization or individual producing fertilizer does not meet the conditions, it must take remedial actions. After remediation, a written notification will be sent to the competent authority to organize an inspection of the remedied content. In case the inspection results are satisfactory, within 05 working days from the date of completion of the inspection, the competent authority shall issue a Certificate of eligibility for fertilizer production according to Form No. 10 in Appendix I issued with this Decree. In case of not issuing a Certificate of eligibility for fertilizer production, a written response must be provided clearly stating the reason.

b) The order for issuance of Certificate of eligibility to trade fertilizers is as follows:

Organizations and individuals send dossiers to the competent authority specified in Clause 2, Article 13 of this Decree.

Within 10 working days from the date of receipt of complete dossier, the competent authority shall evaluate the dossier content, if the dossier meets the requirements, conduct an inspection of fertilizer trading conditions at organizations and individuals and prepare an inspection record according to Form No. 12 in Appendix I issued with this Decree.

In case organizations or individuals trading in fertilizers do not meet the conditions, they must take remedial action and, after remediation, send a written notification to the competent authority to check the remedied content. In case the inspection results are satisfactory, within 03 working days from the date of completion of the inspection, the competent authority shall issue a Certificate of eligibility for fertilizer trading according to Form No. 11 in Appendix I issued with this Decree. In case of not issuing a Certificate of eligibility for fertilizer trading, a written response must be provided clearly stating the reason.”