List of conditional business lines - the Ministry of Agriculture and Rural Development
No. Name of conditional businesses Form of business condition Current legal regulation Authority
1
Exploitation of aquatic products
- License for exploitation of aquatic products; - Certificate of registering fishing vessel; - Certificate of technical safety of fishing vessel; - List of ship workers; - Degree of captain, chief mechanic
- License for exploitation of aquatic products; - Certificate of registering fishing vessel; - Certificate of technical safety of fishing vessel; - List of ship workers; - Degree of captain, chief mechanic - License for exploitation of aquatic products; - Certificate of registering fishing vessel; - Certificate of technical safety of fishing vessel; - List of ship workers; - Degree of captain, chief mechanic
- the Ministry of Agriculture and Rural Development; - the Department/Sub-the Department of Exploitation and Protection of Fisheries; - The people’s committee of the centrally-governed provinces, cities. - The Central Register of fishing vessel - The Sub-department of Exploitation and Protection of Fisheries under the Provincial the Department of Fisheries, the Department of Agriculture and Rural Development. - The Sub-department of Fisheries.
2
Production and/or trading of fishing equipment and other aquatic exploitation equipment
Organizations and individuals producing and/or trading in fishing gears (including materials and raw materials for the manufacture of fishing gears) and aquatic resource exploitation equipment must fullysatisfy the following conditions: 1. Having business registration certificates for production and/or trading of fishing gears and aquatic resource exploitation equipment, issued by competent State management agencies. 2. Having stores with clear signboards and addresses. 3. Workshops, storehouses, equipment and system for treatment of wastewater, solid wastes and exhaust gases of production establishments must ensure environmental protection criteria providedfor by law. 4. Production establishments must each have at least one technician who possesses an intermediate or higher degree in aquatic resource exploitation or engineering. 5. Guaranteeing the publicized goods quality standards; labeling goods in accordance with theprovisions of law. 6. Being allowed to produce and/or trade in only those types of fishing gear or aquatic resourceexploitation equipment not on the list of those banned by the Ministry of Fisheries or by provincial-level Peoples Committees.
Article 9 Decree No. 59/2005/ND-CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
3
Building and/or transformation of fishing vessel
Organizations or individuals involved in building or transformation of fishing ships, of the types subjectto registry (except for industrial or defense shipbuilding establishments) must fully meet the followingconditions: 1. Places for construction of establishments are in line with local plannings. 2. Having business registration certificates for building and/or transformation of fishing ships, issuedby competent State management agencies. 3. Establishments have clear signboards and addresses. 4. Workshops, facilities and equipment must meet technical requirements set by the Ministry of Fisheries; the system of wastewater and solid waste treatment meets the environmental protectionrequirements under law provisions. 5. Each having at least one technician of intermediate or higher degree in ship shells and another ofintermediate or higher degree in dynamics.
Article 10 Decree No. 59/2005/ND-CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
4
Production and/or trading of aquatic breeds
- Having obtained the certificate for the establishment meeting the conditions of production and/or trading of aquatic breeds - Having the certificate of trading in aquatic fertilization technique
- Article 11 Decree No. 59/2005/ND-CP; - Item dd clause 1 Article 11 Decree No. 59/2005/ND-CP
- The Ministry of Agriculture and Rural Development; - The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
5
Nuôi trồng thủy sản Aquaculture
Having certificate of meeting conditions for ensuring food safety in aquatic production and/or trading
Article 12 Decree No.59/2005/ND- CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
6
Production of feeds for aquatic animals
Having certificate of meeting conditions for ensuring food safety in aquatic production and/or trading
Article 13 Decree No. 59/2005/ND- CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
7
Trading in aquatic-animal feeds
Having certificate of training in aquatic-animal feeds
Article 14 Decree No. 59/2005/ND- CP
8
Aquatic product processing
Having certificate of meeting conditions for trading raw materials used for processing foods
Article 15 Decree No. 59/2005/ND- CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
9
Trading in raw materials for food processing
Having certificate of meeting conditions for trading raw materials used for processing foods
Article 16 Decree No. 59/2005/ND- CP
- The Department of National Agro, Forestry, Fisheries Quality Assurance - The Sub-department of National Agro, Forestry, Fisheries Quality Assurance or the specialized agency assigned by the Department of Agriculture and Rural Development - The people’s committee at communal and district level
10
Breeding, rearing and artificial propagation of wild animals and plants set forth in Annex I of CITES
Having registration certificate of breeding farms, rearing farms or artificial propagation of wild plant, animal species
- Decree No. 82/2006/ND-CP; - Article 5 Decree No. 98/2011/ND- CP
- Vietnam CITES management agency (for the establishment of international trading); - the Sub-department of Forestry (for the establishments only operating in domestic trading).
11
Breeding, rearing and artificial propagation of wild animals and plants set forth in Annex II, III of CITES
Having registration certificate of breeding, rearing and artificial propagation of wild animals and plants
- Decree No. 82/2006/ND-CP; - Article 5 Decree No. 98/2011/ND- CP
Chi cục Kiểm lâm
12
Breeding, rearing and artificial propagation of rare, endangered and precious wild animals and plants in accordance with the laws of Vietnam, not provided in the Annex of CITES Convention
Having registration certificate of breeding, rearing and artificial propagation of wild animals and plants
- Decree No. 82/2006/ND-CP; - Article 5 Decree No. 98/2011/ND- CP
the Sub-department of Forestry
13
Breeding, rearing of normal wild animals and plants
Having registration certificate of breeding, rearing of normal wild animals and plants
- Decree No. 82/2006/ND-CP; - Article 5 Decree No. 98/2011/ND- CP
the Sub-department of Forestry
14
Exports, imports, re-exports, transits and introductions from the sea of the natural specimens are set forth in CITES Appendixes.
License for CITES, CITES certificate
Article 3 Decree No. 82/2006/ND- CP
Vietnam CITES management Authority
15
Exports, imports, re-exports of breeding, rearing and artificial propagation specimens are set forth in CITES Appendixes.
License for CITES, CITES certificate
Article 4 Decree No. 82/2006/ND- CP
Vietnam CITES management Authority
16
Exports of rare, endangered and precious specimens which are not set forth in CITES Appendix that originate from breeding, rearing and artificial propagation
License for CITES, CITES certificate
Article 6 Decree No. 82/2006/ND- CP
Vietnam CITES management Authority
17
Production, processing, extracting, packaging the pesticide
- Certificate of satisfaction of conditions for production, processing, extracting, packaging pesticides; - Practicing license for production, processing, extracting, packaging pesticides
- Article 28 Ordinance on plant protection and quarantine; - Section I, Appendix III issued under Decree No.59/2006/ND-CP ; - Clause 3, Article 21 Circular No.03/2013/TT-BNNPTNT; - Clause 1, Article 31 Ordinance on plant protection and quarantine; - Article 7, 8 Regulations on management of pesticides issued under Decree No. 58/2002/ND-CP
- Plant Protection Department; - Provincial Sub-Department of Plant Protection Sub-Department
18
Trading pesticides
- Certificate of satisfaction of conditions for trading pesticides; - Practicing license for trading pesticides
- Article 28 Ordinance on plant protection and quarantine; - Section I, Appendix III issued under Decree No. 59/2006/ND-CP; - Clause 3, Article 29 Circular No.03/2013/TT-BNNPTNT; - Clause 1, Article 31 Ordinance on plant protection and quarantine; - Article 16, 17 Regulations on management of pesticides issued under Decree No. 58/2002/ND-CP
Provincial Sub-Department of Plant Protection Sub-Department
19
Import of pesticides
License for import of pesticides and raw materials for pesticides
- Clause 3, Article 31 Ordinance on plant protection and quarantine; - Article 12 Regulations on management of pesticides issued under Decree No. SỐ 58/2002/ND-CP; - Article 25 Circular No.03/2013/TT- BNNPTNT.
Plant Protection the Department
20
Transport of pesticides and raw materials for pesticides
License for transport of pesticides and raw materials for pesticides
- Article 18 Decree No.104/ 2009/ND-CP; - Article 33 Circular No.03/2013/TT- BNNPTNT
the Plant Protection Sub-Department of the centrally-governed provinces and cities
21
Practicing services of antiseptic steam sterilization
- Certificate of satisfaction of conditions for practicing antiseptic steam sterilization; - Practicing license for antiseptic steam sterilization
- Article 24 Ordinance on plant protection and quarantine ; - Section I, Appendix III issued under Decree No.59/2006/ND-CP ; - Article 26, 27 Decree No. 02/2007/ND-CP; - Article 3, 5 Decision No.89/2007/QD-BNN; - Article 24 Ordinance on plant protection and quarantine;
- the Plant Protection Department (objects for export, import, transit) - the Plant Protection Sub-Department of the centrally-governed provinces and cities (object for domestic preservation)
22
Experiment of pesticides
License for experiment of pesticides
- Clause 2 Article 29 Ordinance on plant protection and quarantine; - Clause 1, Article 7 Circular No.03/2013/TT-BNNPTNT
Plant Protection Department
23
Services for plant protection
The persons directly provide the plant protection services must satisfy the following conditions: - Having professional qualifications on plant protection (certificate or degree); - Having health certificate issued by healthcare establishment at district level or above; - Having legal and clear business address
Article 13 of the Regulations on Plant Protection issued under Decree No. 58/2002/ND-CP
Plant Protection Department
24
Export of veterinary medicine, biological products used in veterinary
Certificate for practicing veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
25
Consultancy, technical services for veterinary
Certificate for practicing veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
26
Trading veterinary medicine, biological products, microorganisms, chemicals used in veterinary
Certificate for practicing veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
27
Examination of animal diseases, animal surgery
Practicing license for veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
28
Vaccination, diagnosis, prescription, treatment, take care of animal health
Practicing license for veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
29
Veterinary practicing (75000)
Practicing license for veterinary services
Article 63 Decree No. 33/2005/ND- CP
- The Department of Animal Health; - The Sub-department of Animal Health
30
Concentrated animal rearing, breeding, slaughter, preliminary processing, preservation of terrestrial, aquatic and amphibian animals
Certificate for meeting conditions for veterinary services
Article 29 Decision No.15/2006/QD-BNN
- The Department of Animal Health; - The Sub-department of Animal Health
31
Production of veterinary medicine
- Certificate of satisfaction of conditions for production of veterinary medicine; - Practicing license for veterinary services
- Article 11 Circular No.51/2009/TT- BNNPTNT; - Appendix III Decree No.59/2006/ND-CP
The Department of Animal Health
32
Manufacture, trading of aquatic products
Certificate of satisfaction of conditions for veterinary sanitation of aquatic products
Article 4 Circular No.41/20I0/TT- BNNPTNT
- The Department of Animal Health; - The Sub-department of Animal Health
33
Trading veterinary medicine, biological products, microorganisms, chemicals used in veterinary
- Certificate of satisfaction of conditions for trading veterinary medicine; - Practicing license for veterinary services
Article 11 Circular No.51/2009/TT- BNNPTNT
- The Department of Animal Health; - The Sub-department of Animal Health
34
Trading fertilizers (organic fertilizers and other fertilizers)
1. A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority. 2. The store or the business location where fertilizers are displayed for sale is able to maintain their quality as prescribed by the laws on goods quality. 3. The fertilizer containers are satisfactory in terms of quality and environmental hygiene; fertilizers are transported by appropriate vehicles (whether owned or leased under contracts). 4. Fertilizers are stored in separate warehouses (whether owned or leased under contracts) where the conditions for storing fertilizers are satisfactory throughout the span of the business. In the fertilizer retail outlets where warehouses are not available, fertilizers are kept in appropriate containers. 5. Legal documents proving the manufacturers, importers, or suppliers of the fertilizers being sold are presented. 6. All requirements for fire safety, environment protection, occupational hygiene and safety are satisfied.
Article 15 Decree No. 202/2013/ND-CP
The Ministry of Agriculture and Rural Development
35
Export of fertilizers (organic fertilizers and other fertilizers)
- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority. - Corresponding National Technical Regulations are complied with throughout the manufacturing process or quality control systems are established in order to ensure the quality of the products meant for export; - Exported fertilizers are conformable with regulations of the importing countries, contracts, international treaties, and mutual recognition agreements with regard to conformity assessments with relevant countries and territories.
Article 16 Decree No. 202/2013/ND-CP
The Ministry of Agriculture and Rural Development
36
Import of fertilizers (organic fertilizers and other fertilizers)
- A Certificate of Business registration, Certificate of investment, or Certificate of Business registration that includes fertilizer manufacture is issued by a competent authority. - The imported consignment has a certificate of conformity issued by an appointed certification body; - The labels of imported fertilizers are conformable with the laws on goods labels and the laws on goods quality; the imported fertilizers are safe for the environment.
Article 17 Decree No.202/2013/ND-CP
The Ministry of Agriculture and Rural Development
37
Production, preliminary processing of safe vegetables and fruits
Certificate of satisfaction of conditions for production and preliminary processing of safe vegetables and fruits
- Article 23 and Article 25 the Law on Food Safety; - Article 3, 4, 5 and 6 Circular No.59/2012/TT-BNNPTNT
The Department of Agriculture and Rural Development
38
Representative service of rights to plant varieties
Practicing certificate for representative service of rights to plant varieties
- Article 1 Decree No.88/2010/ND- CP; - Article 1 Circular No.16/2013/TT- BNNPTNT
The Department of Crops Production
39
Exploitation of natural forests
Forest exploitation license: - Exploitation of timber from natural forests; - Full exploitation in the area of clearance for construction, or used for other purposes; - Full exploitation of the dry dead standing trees, dead burning, fallen trees and broken wood is recovered, stem, roots, branches; - Exploitation and make best use of NTFPs and bamboo in natural forests, plantations (except for strict protection zones of special-use forests); - Timber exploitation of natural forests to serve the annual needs; Registration of exploitation: - Exploitation of bamboo innatural production and protection forest; - Full exploitation in the process of silvicultural implementation and exploitation activities to serve scientific research and vocational training;
- The law on forest protection and development - Decree No. 23/2006/ND-CP - Decision No. 58/2004/QĐ-BNN
- The Government; - The Ministry of Agriculture and Rural Development; - The Department of Agriculture and Rural Development; - People’s Committee at provincial, district and commune levels.
40
Exploitation of planted forests
1. For organization: - Forest exploitation license - Decision of exploitation approval 2. For individual: - Forest exploitation license - Decision of exploitation approval - Registration of exploitation
- Ordinance No. 15/2004/PL-UBTVQH11 on plant varieties
- The Government; - The Ministry of Agriculture and Rural Development; - The Department of Agriculture and Rural Development; - People’s Committee at provincial, district and commune levels.
41
Production, trading of major plant varieties
1. In order to produce major plant varieties for commercial purposes, organizations and individuals must fully satisfy the following conditions: a/ Having the certificates of registration for plant variety business; b/ Having locations for production of plant varieties, which are in line with the planning of the agriculture service or the fisheries service and suitable to the production requirements of each variety, each variety grade; ensure the environmental standards according to the law provisions on environmental protection, plant protection and quarantine, and fisheries; c/ Having material foundations and technical equipment suitable to the production process and techniques of each variety, each variety grade, promulgated by the Ministry of Agriculture and Rural Development, the Ministry of Fisheries; d/ Having or hiring technicians who have been trained in techniques of cultivation, aquaculture, plant protection; 2. In order to trade in major plant varieties, organizations and individuals must fully satisfy the following conditions: a/ Having the certificates of registration for trading of commodities including plant varieties; b/ Having business locations, material and technical foundations suitable to the trading of each variety, each variety grade; c/ Having technicians who are capable of identifying the traded varieties and firmly grasp the plant variety-preserving techniques; d/ Having or hiring staff and equipment for testing the quality of the traded varieties. 3. Households and individuals producing and/or trading in major plant varieties, which are not required to make business registration, shall not have to comply with the provisions of Clause 1 and Clause 2 of this Article but they must ensure the plant variety quality and environmental sanitation standards according to the law provisions on plant protection and quarantine, environmental protection and fisheries.
Article 36 Ordinance No. 15/2004/PL-UBTVQH11 on plant varieties
- The Ministry of Agriculture and Rural Development - People’s Committee at provincial, district and commune levels
42
Production and trading of sperms, embryos, breeding eggs and larva
1. Organizations and individuals that produce and/or trade in breeding sperms for artificial fertilization and embryos must satisfy the following requirements: a/ The conditions prescribed at Points a, b, c, e and f, Clause 1, Article 19 of this Ordinance; b/ Having or hiring technicians already granted diplomas or certificates of training in artificial fertilization and embryo-implanting techniques; c/ Breeding males and females which give embryos must originate from breeding establish-ments, which have gone through individual productivity inspection, quarantine, have clear backgrounds and been registered with competent State agencies; d/ Not exploiting or using sperms of breeding males and eggs of breeding females in epidemic-stricken areas; e/ Embryos shall only be exploited from purebred livestock breeds, prototypal breed stocks, grandparental breed stocks, nucleus breed stocks; f/ Complying with the regulations on management, exploitation and use of sperms and embryos and environment for preservation and preparation of sperms and embryos, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. 2. Households and individuals trading in breeding male buffaloes, bulls, boars, goats, sheep and horses for direct breeding, or breeding male and female aquatic animals must satisfy the following requirements: a/ Breeding male buffaloes, bulls, boars, goats, sheep and horses must be registered by such households and individuals with the commune-level People's Committees; b/ Breeding male buffaloes, bulls, boars, goats, sheep and horses, or breeding male and female aquatic animals must have clear origin and have been given veterinary quarantine; c/ Complying with the regulation on management, exploitation and use of breeding male buffaloes, bulls, boars, goats, sheep and horses; or breeding male and female aquatic animals, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries. 3. Organizations and individuals producing and/or trading in breeding eggs and larva must satisfy the following requirements: a/ The conditions prescribed at Points a, b, c and e, Clause 1, Article 19 of this Ordinance; b/ Breeding eggs and larva shall only be exploited from purebred livestock breeds, prototypal breed stocks, grandparental breed stocks, parental breed stocks; c/ Having or hiring technicians already granted diplomas or certificates of training in incubation techniques or breeding technologies; d/ Comply with the regulation on management, exploitation and use of breeding eggs and larva promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
- Article 19, Article 20 Ordinance No. 16/2004/PL-UBTVQH11 on livestock breeds
The Ministry of Agriculture and Rural Development