Decree 38/2026/ND-CP dated January 24, 2026 of the Government is the current document regulating growing area codes and packaging facility codes for export, including the Chinese market. Documents submitted to specialized agencies assigned by the Provincial People's Committee; perennial crop growing area of at least 10 hectares; Codes may be suspended or revoked depending on the market. This article summarizes the most frequently asked questions from businesses and cooperatives.
What does Decree 38/2026 on growing area codes regulate?
Decree 38/2026/ND-CP regulates the import of plants with potting soil, planting area code, and packaging facility code. The document takes effect from the date of signing. According to the Agriculture and Environment Newspaper, the Decree for the first time stipulates a relatively complete mechanism for temporary suspension, restoration and revocation of codes, with procedures, forms and processing deadlines; The focus shifts from "achieving more code" to "maintaining sustainable code".
Conditions for issuance of growing area codes and packaging facility codes
| Content | Growing area code | Packaging facility code |
|---|---|---|
| Scale | Minimum 10 hectares with perennial trees; annual plants according to local conditions | Specific location, suitable area |
| Technical conditions | Have a production process issued by a competent authority or according to instructions from a plant protection and quarantine agency | The factory is arranged in one direction, with functional zones; has electricity, clean water, and drainage; equipment, packaging processes, and pest control measures |
| Records | Record and store production and harvest information | Records of product origin, facility hygiene, personnel, training, and chemical use |
| Market requirements | Meets plant quarantine and food safety requirements of importing countries | |
Documents, order and deadline for resolution
According to the summary of the Can Tho City Legal Education Dissemination Portal, organizations and individuals submit 01 set of documents including application and explanation (growing area or packaging facility according to the Appendix of the Decree) to the specialized agency assigned by the Chairman of the Provincial People's Committee.
- Check completeness: reply immediately if submitted directly; within 02 working days if submitted online or by post.
- Appraisal and physical inspection: within 10 working days from receipt of complete and valid documents.
- Issuance of decision on code issuance: within 02 working days from the date of satisfactory inspection.
- Not met: agency notifies reason; After receiving a satisfactory remediation report, the processing time is 04 working days.
This is the processing time limit of state agencies according to regulations. Code approval by the importing country is a separate step, decided by the importing country.
When are codes suspended or revoked?
Codes are revoked when: using banned chemicals or pesticides outside the List of permitted chemicals in Vietnam; using fake documents in documents; at the request of the code owner; stop production, change the purpose of use or change to another registered crop; or there is no corrective report after 60 days from the suspension notice, or the report does not meet the requirements.
Recalls apply by market. Codes revoked in one market will only be considered for reissue after 12 months and will not affect other markets. The Ministry of Agriculture and Environment also requires strict handling of code leasing, misuse of codes and fraudulent records.
Decree 38/2026 is being amended
The Government has posted a draft Decree amending and supplementing a number of articles of Decree 38/2026/ND-CP for comments. Up to now, no revised decree number has been issued, so Decree 38/2026 is still the current basis. Businesses should follow the pages of the Government and the Department of Crop Production and Plant Protection.
Frequently asked questions
Can the growing area code issued before Decree 38/2026 takes effect still be used?
According to the summary of the Can Tho Legal Communication Portal, the issued code will continue to be used for 1 year from the date the Decree takes effect (except in cases of suspension or revocation); Code owners must coordinate to switch to new code.
Where to submit application for growing area code?
At the specialized agency assigned by the Chairman of the Provincial People's Committee to receive and process documents in the locality with growing area or packaging facility.
Can I use another unit's growing area code?
Are not. Renting or using the wrong code is strictly handled and may result in the code being suspended or revoked.
Will the code recalled by China affect other markets?
According to regulations, the recall applies to each market and does not affect other markets.
Conclude
With Decree 38/2026/ND-CP, keeping codes is more difficult than asking for codes: full records, correct use of pesticides and timely remediation are conditions for the growing area code and packaging facility to operate stably when exporting to China.
Reference source
Government, Decree No. 38/2026/ND-CP dated January 24, 2026 regulating the import of plants carrying potting soil and planting area code, packaging facility code (PDF version on the Department of Crop Production and Plant Protection page): ppd.gov.vn. Can Tho City PBGDPL Portal, "Some regulations on growing area codes and packaging facility codes": https://pbgdpl.cantho.gov.vn/mot-so-quy-dinh-ve-ma-so-vung-trong-ma-so-co-so-dong-goi. Agriculture and Environment Newspaper, "Management of planting area codes and packaging facilities in essence", May 15, 2026: https://nongnghiepmoitruong.vn/quan-ly-ma-so-vung-trong-co-so-dong-goi-di-vao-thuc-chat-d811469.html. Government electronic information portal, Draft Decree amending and supplementing Decree 38/2026/ND-CP: https://chinhphu.vn/du-thao-vbqppl/du-thao-nghi-dinh-sua-doi-bo-sung-mot-so-dieu-cua-nghi-dinh-so-38-2026-nd-cp-ngay-24-month-01-na-7924.
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