|
CONGRESS |
SOCIALIST REPUBLIC OF VIETNAM |
|
Law No.: 32/2018/QH14 |
Hanoi, November 19, 2018 |
THE LAW
BREED
Base Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Animal Husbandry.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This law regulates livestock farming activities; rights and obligations of organizations and individuals in livestock farming activities; State management of livestock.
Article 2. Explanation of terms
In this Law, the following terms are understood as follows:
1. Breed is an economic-technical sector that includes activities in the fields of livestock breeds, animal feed, livestock farming conditions, processing and marketing of livestock products.
2. Livestock activities is raising livestock, breeding livestock and other activities related to livestock and livestock products for the purpose of food, exploitation of draft power, ornamental purposes or other human purposes.
3. Raising farm animals is a form of organizing livestock farming activities at households.
4. Farm animal husbandry is a form of organizing concentrated livestock farming activities in separate areas for livestock production and business.
5. Pet includes cattle, poultry and other animals in livestock production.
6. Cattle are mammals with four legs that are domesticated and raised by humans.
7. Poultry are animals with two legs and feathers, belonging to the group of winged animals domesticated and raised by humans.
8. Other animals in livestock are animals other than livestock and poultry and outside the List of endangered, precious, and rare species prioritized for protection, the List of endangered, precious, and rare forest animals, common forest animals, aquatic animals, and the List of endangered, precious, and rare species prioritized for protection. Wild forest animals section is in the Appendix of Convention on International Trade in Endangered Species of Wild Fauna and Flora.
9. Pet breeds is a population of livestock of the same species, of the same origin, with similar appearance and genetic structure, formed, strengthened, and developed by human impact; There must be a guaranteed quantity to propagate and transmit the breed's characteristics to the next generation.
10. Current is a group of livestock within a breed, with common characteristics of the breed but with stable individual characteristics.
11. New lines and breeds of livestock is a line or breed of livestock created domestically for the first time or imported into Vietnam for the first time.
12. Precious and rare livestock breeds is a livestock breed with special scientific, medical, and economic value that is few in number or threatened with extinction.
13. Native livestock breeds is a livestock breed formed and existing in certain areas on the territory of the Socialist Republic of Vietnam.
14. Original variety is a herd of great-grandparents and grandparents for pigs and poultry; Nuclear breeding herds for other cattle breeds; purebred colonies for bees; original breed for silkworms.
15. Herds of specific breeds are incompatible with pigs and poultry is a herd of purebred livestock or a herd that has been selected to produce grandparent-level breeds.
16. Grandparent level breeding herd for pigs and poultry is a herd of livestock breeds born from a herd of great-grandparent breeds to produce a herd of parent-level breeds.
17. Parental breed herd for pigs and poultry is a herd of livestock born from a grandparent herd to produce commercial herds.
18. Nuclear breeding herd is the best breeding herd, with clear origins and origin, raised and selected according to a certain process to achieve high genetic progress to produce breeding herds.
19. Breeding herd is a breeding herd born from a nuclear herd to produce a commercial herd or selected to add to a nuclear herd.
20. Commercial instrument is a livestock herd born from a parent herd or a breeding herd.
21. Gene sources of livestock breeds are living animals and their breeding products that carry genetic information capable of creating or participating in the creation of new livestock breeds.
22. Pet pedigree is a record showing the blood relationship of individual livestock with their ancestors.
23. Pet breed products includes breeds, sperm, embryos, eggs, larvae and other genetic material exploited from livestock.
24. Create lines and breeds of livestock is the selection and breeding or use of scientific methods and technical measures to create a new line or breed of livestock.
25. Animal feed is a product that animals eat and drink in fresh, raw or processed form, including complete mixed foods, concentrated foods, supplementary foods and traditional foods.
26. Complete mixed food is a mixture of blended feed ingredients with enough nutrients to maintain the vital activities and production ability of livestock according to each growth stage or production cycle without the need for additional food. other than drinking water.
27. Concentrated food is a mixture of food ingredients with higher nutrient content than the needs of animals and used to mix with other ingredients to form a complete mixed food.
28. Supplemental food is a single ingredient or a mixture of feed ingredients added to the diet to balance the nutrients needed for animals; maintain or improve feed properties; Improve animal health and characteristics of livestock products.
29. Traditional food are agricultural, aquatic, and industrial products commonly used according to customs in livestock farming, including paddy, rice, bran, corn, potatoes, cassava, wine residue, beer residue, cassava residue, pineapple residue, molasses, straw, grass, shrimp, crab, fish and other similar products.
30. Single ingredient are single substances in natural or synthetic form used as raw materials for animal feed.
31. Commercial animal feed is animal feed produced for the purpose of exchange, purchase and sale on the market.
32. Main substance in animal feed is the substance that determines the use and nature of animal feed.
33. Livestock products including meat, eggs, milk, honey, beeswax, silkworm cocoons, bird's nest, bones, horns, nails, internal organs; unprocessed fur, leather and other products extracted from livestock.
Article 3. Principles of animal husbandry activities
1. Develop livestock production along the value chain, effectively exploit the potential and advantages of regions to meet domestic and export needs.
2. Apply science and technology in livestock farming to improve productivity, quality, efficiency, and competitiveness of the livestock industry; ensure food safety, disease safety, environmental protection and response to climate change.
3. Preserve, exploit and reasonably develop genetic resources of indigenous livestock breeds and genetic resources of precious and rare livestock breeds; quickly absorb the world's genetic advances; combining modern livestock with traditional livestock; develop livestock farming in accordance with the ecological region.
4. Socialization of livestock activities; ensure harmony between the interests of the State and the interests of organizations and individuals in livestock development; equality between organizations, individuals, and economic sectors in animal husbandry.
5. Meet international integration requirements and comply with international treaties to which the Socialist Republic of Vietnam is a member.
Article 4. State policy on animal husbandry
1. The State invests in the following activities:
a) Statistics, basic surveys, construction of livestock database, assessment of livestock potential and activities periodically every 05 years and annually; develop livestock development strategies; market forecasts, livestock product reserves appropriate to each period; develop standards and technical regulations in animal husbandry;
b) Preserve genetic resources of precious and rare livestock breeds and indigenous livestock breeds.
2. In each period and state budget capacity, the State supports the following activities:
a) Research and application of science and technology, with priority given to high technology, advanced technology, and new technology to create breakthrough products in animal husbandry; import and keep original breeds;
b) Build disease-free and biosafety livestock areas; environmental treatment of livestock; develop models of good animal husbandry practices; Relocating livestock facilities out of cities, towns, townships, and residential areas where livestock farming is not permitted;
c) Construction of infrastructure and equipment for scientific and technological research and training establishments; Developing high-quality human resources, vocational training in animal husbandry activities, and animal husbandry extension, with priority given to remote areas, ethnic minority areas, difficult areas and especially difficult areas towel;
d) Build and develop national livestock products, key livestock products, and organic livestock products; build national livestock product brands; Build centralized slaughterhouses, wholesale markets, and auction facilities to promote and sell livestock breeds and products; trade promotion and development of livestock product consumption markets;
d) Support for losses in livestock production and recovery of livestock breeds after natural disasters and epidemics according to the provisions of law.
3. The State encourages organizations and individuals to invest in the activities specified in Clauses 1 and 2 of this Article and the following activities:
a) Organize livestock farming according to farm scale and value chain; Maximize the role of businesses, industry associations, and cooperatives in building livestock production value chains;
b) Invest in high technology, advanced technology, new technology in slaughtering, processing, preserving livestock products, technology for treating livestock waste for fertilizer and other purposes;
c) Invest in livestock insurance activities; Improve capacity for testing and assessment of conformity in the field of livestock production.
Article 5. Livestock development strategy
1. The livestock development strategy nationwide is built on a 10-year cycle, with a 20-year orientation, in accordance with the socio-economic development strategy, the agricultural sector development strategy and the development countryside.
2. The main content of the livestock development strategy includes viewpoints, orientations, goals, tasks, solutions, programs, projects and implementation organization.
3. The Ministry of Agriculture and Rural Development presides over and coordinates with ministries, ministerial-level agencies, and provincial-level People's Committees to develop and submit to the Prime Minister for approval a livestock development strategy.
Article 6. Scientific and technological activities in animal husbandry
1. Scientific and technological activities in animal husbandry prioritized by the State include:
a) Research science and technology to serve the construction and improvement of institutions, policies and laws on livestock production;
b) Basic, application-oriented research, applied research, transfer of high technology, advanced technology, new technology, production along the value chain of products in animal husbandry to improve productivity and quality , food safety, environmental protection and adaptation to climate change.
2. The Ministry of Agriculture and Rural Development coordinates with the Ministry of Science and Technology to propose and order scientific and technological tasks in accordance with the livestock development strategy in each stage.
3. The Provincial People's Committee proposes and orders scientific and technological tasks in animal husbandry in accordance with the local socio-economic development strategy in each period.
4. Capable organizations and individuals may participate in proposing and implementing scientific and technological tasks in animal husbandry according to the provisions of this Law. Law on Science and Technology and Law on Technology Transfer.
Article 7. Application of technology in livestock farming
1. High technology, advanced technology, new technology and high-tech products are given priority and encouraged to be applied in the fields of livestock breeds, animal feed, breeding conditions, processing and markets livestock products.
2. Organizations and individuals applying high technology, advanced technology, and new technology in animal husbandry are entitled to the policies specified in Article 4 of this Law and other relevant legal provisions.
Article 8. Building disease-free livestock areas
1. Disease-free livestock farming areas must meet the requirements of animal disease-free areas according to the provisions of Vietnam's veterinary law and international regulations; suitable to the conditions of the ecological region, regional advantages associated with preservation, processing and consumption of products.
2. Building disease-free livestock areas must be based on planning, socio-economic development plans, and projects to develop disease-free livestock areas approved by the Provincial People's Committee.
3. The Minister of Agriculture and Rural Development stipulates criteria and recognizes disease-free livestock areas.
Article 9. Cooperation and production association in animal husbandry
1. Develop forms of cooperation and linkage along the value chain in livestock activities to have enough products to ensure quality, food safety and meet market demand; Improve production and business efficiency, ensure harmony of interests between participating parties.
2. Organizations and individuals participating in cooperation and production association in livestock production must sign contracts and enjoy the policies specified in Article 4 of this Law and other relevant legal provisions.
3. People's Committees at all levels have the following responsibilities:
a) Create conditions and support participating parties to negotiate, sign and implement commitments in contracts to link production and consumption of products;
b) Support for infrastructure construction, logistics services and trade promotion of livestock products.
Article 10. International cooperation on livestock production
1. Negotiate, sign and implement international agreements and treaties on livestock production.
2. Training, scientific research, technology transfer, exchange of information and experience in animal husbandry.
3. Exchange of precious and rare genetic resources; exchange livestock breeds and animal feed breeds with high productivity and quality, adapted to climate change.
4. Cooperate in building and mutual recognition of quality certification systems in livestock production.
Article 11. National database on livestock production
1. The national livestock database is an information system related to livestock, built uniformly from central to local levels, standardized for updating and management using information technology.
2. Contents of the national livestock database include:
a) Database of legal documents related to livestock production;
b) Database on livestock breeds, genetic resources of livestock breeds, animal feed, livestock waste treatment products;
c) Database on livestock farming facilities, processing and livestock product markets;
d) Database on disease-free livestock areas;
d) Other databases on livestock production.
3. Organizations and individuals provide information, update and exploit the national database on livestock production according to the provisions of law.
4. The Minister of Agriculture and Rural Development regulates the updating, exploitation and management of the national livestock database.
Article 12. Prohibited acts in animal husbandry
1. Raising livestock in areas where livestock farming is not permitted in cities, towns, townships, or residential areas; Except for raising animals as pets, raising animals in the laboratory without causing environmental pollution.
2. Using banned substances in livestock farming.
3. Using antibiotics in animal feed is not a veterinary medicine allowed for circulation in Vietnam.
4. Use antibiotics in animal feed to stimulate growth.
5. Destroying and appropriating genetic resources of livestock breeds.
6. Illegal export of genetic resources of precious and rare livestock breeds.
7. Importing livestock products that use banned substances in livestock production.
8. Importing, trading, and processing livestock products from livestock that die due to disease or unknown causes.
9. Illegally importing, raising, releasing, and using genetically modified livestock and livestock products from genetically modified livestock.
10. Using, introducing substances, objects, or forcing water into the body of livestock or livestock products for the purpose of commercial fraud.
11. Collusion and fraud in testing, testing, inspection, quality declaration, and certification of conformity in the field of livestock production.
12. Discharging untreated or unsatisfactory livestock waste into waste reception areas in accordance with the law on environmental protection.
13. Fraud in declaring livestock activities for profit.
14. Obstructing, sabotaging, or infringing on legal livestock farming activities.
chapter II
Section 1. GENETIC SOURCES OF ANIMAL BREEDS
Article 13. Management of genetic resources of livestock breeds
1. Livestock genetic resources are uniformly managed by the State.
2. Organizations and individuals are responsible for participating in the management of livestock genetic resources according to the provisions of this Law and other relevant laws.
Article 14. Collection, conservation, exploitation and development of genetic resources of livestock breeds
1. Organizations and individuals collecting, preserving, exploiting and developing genetic resources of livestock breeds must comply with the provisions of this Law and other relevant laws.
2. Contents of collection, conservation, exploitation and development of livestock genetic resources include:
a) Investigate, survey and collect genetic resources of livestock breeds;
b) Evaluate genetic resources of livestock breeds according to biological criteria and use value;
c) Build a database on genetic resources of livestock breeds;
d) Protect and maintain genetic resources of livestock breeds;
d) Using genetic resources of livestock breeds that have been evaluated and determined for use in selecting, creating and breeding livestock.
3. Methods of preserving genetic resources of livestock breeds comply with the provisions of law on biodiversity.
4. The Ministry of Agriculture and Rural Development shall preside over and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Science and Technology and relevant ministries and ministerial-level agencies to submit to the Government regulations on collection and preservation. conserve, exploit and develop genetic resources of livestock breeds under the management of the agricultural sector.
Article 15. Exchange of genetic resources of precious and rare livestock breeds
1. Organizations and individuals may exchange genetic resources of precious and rare livestock breeds to serve research, selection, creation of new livestock lines and breeds and production and business according to regulations of the Minister of Agriculture and Development. rural development.
2. The international exchange of genetic resources of livestock breeds included in the List of livestock breeds banned from export to serve scientific research, exhibitions and advertising must be decided by the Minister of Agriculture and Rural Development. basis for approval by the Prime Minister.
3. Organizations and individuals that internationally exchange genetic resources of precious and rare livestock breeds must comply with the provisions of this Law and Vietnam's laws on veterinary medicine, food safety, environmental protection, and biodiversity. Male.
4. The exchange of genetic resources of precious and rare livestock breeds of Vietnam to a third party must be decided by the Minister of Agriculture and Rural Development based on the approval of the Prime Minister.
5. When internationally exchanging genetic resources of precious and rare livestock breeds for dissemination in production or creating new breeds provided by Vietnamese organizations and individuals and under Vietnamese copyright, the organizations and individuals shall Vietnam enjoys copyright rights according to the provisions of international treaties to which the Socialist Republic of Vietnam and the country of international exchange are members.
Article 16. Order and procedures for exchanging genetic resources of precious and rare livestock breeds
1. Organizations and individuals wishing to exchange genetic resources of precious and rare livestock breeds shall submit 01 set of documents to the Ministry of Agriculture and Rural Development.
2. Documents for exchange of genetic resources of precious and rare livestock breeds include:
a) Application for exchange of genetic resources of precious and rare livestock breeds;
b) Background of genetic resources of precious and rare livestock breeds that need to be exchanged;
c) Documents related to the exchange of genetic resources of precious and rare livestock breeds.
3. Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development will check. In case the dossier is incomplete, a written request must be made to the organization or individual to supplement it. complete profile.
Within 30 days from the date of receiving the complete dossier, the Minister of Agriculture and Rural Development shall consider, appraise and decide based on the Prime Minister's approval. In case of refusal, it must be stated. clear reason.
4. The Minister of Agriculture and Rural Development prescribes the application form specified in Clause 2 of this Article.
Article 17. Genetically modified livestock and cloned livestock
1. Genetically modified livestock are livestock whose genetic structure has been changed using gene transfer technology.
2. Research, selection, creation, testing, production, business, use, release, international exchange and other activities for genetically modified livestock are carried out in accordance with the law on Biodiversity.
3. Animal cloning is the use of cloning techniques from somatic cells to create pets.
4. Organizations and individuals are allowed to research on animal cloning according to the provisions of law.
Section 2. PRODUCTION, BUYING AND SELLING ANIMAL BREEDS AND ANIMAL BREEDS PRODUCTS
Article 18. Requirements for livestock breeds and livestock breed products circulating on the market
1. Applicable standards have been announced.
2. Have quality consistent with applicable published standards.
3. Meet quarantine requirements according to veterinary laws.
Article 19. List of livestock breeds that need to be preserved and banned from export
1. The list of livestock breeds in need of conservation includes livestock breeds that are few in number or threatened with extinction.
2. The list of livestock breeds banned from export includes precious, rare and advantageous livestock breeds of Vietnam.
3. The Government promulgates the List of livestock breeds in need of conservation and the List of livestock breeds banned from export; regulates the order and procedures for promulgating and updating the List of livestock breeds in need of conservation and the List of livestock breeds banned from export.
Article 20. Import of livestock breeds and livestock breed products
1. Imported livestock breeds and livestock breed products must be certified in writing by a competent authority or an organization authorized by a competent authority of the exporting country regarding the origin, origin, and quality of the breed. , intended to be used for breeding and breeding.
2. The Minister of Agriculture and Rural Development shall consider and decide to inspect legal documents, enforcement systems, and conditions for the production of livestock breeds and livestock breed products in the exporting country according to regulations. provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member in the following cases:
a) Evaluation for mutual recognition;
b) Livestock breeds and livestock breed products imported into Vietnam for the first time;
c) Detect risks affecting the quality and biosafety of livestock breeds and livestock breed products imported into Vietnam.
3. Imported livestock breeds and livestock breed products must have their applicable standards announced and undergo quarantine according to the provisions of veterinary law.
4. Organizations and individuals importing cattle breeds, semen, and embryos must follow the following order and procedures:
a) Organizations and individuals importing for the first time submit 01 set of documents to the Ministry of Agriculture and Rural Development; Document components according to regulations of the Minister of Agriculture and Rural Development.
Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development will check. In case the dossier is incomplete, there must be a written request for the organization or individual to supplement and complete it. file.
Within 15 days from the date of receiving the complete dossier, the Minister of Agriculture and Rural Development shall respond in writing. In case of refusal, the reason must be clearly stated;
b) In case an organization or individual imports semen or embryos for the second time of the same individual, they only need to notify in writing the Ministry of Agriculture and Rural Development;
c) In case organizations or individuals import sires from the second time of the same breed and the same production facility, they only need to notify in writing to the Ministry of Agriculture and Rural Development.
Article 21. Export and international exchange of livestock breeds and livestock breed products
1. Records and quality of exported livestock breeds and livestock breed products comply with the requirements of organizations, individuals, importing countries and in accordance with the provisions of Vietnamese law.
2. Export or international exchange of livestock breeds and livestock breed products on the List of livestock breeds banned from export for scientific research, exhibition, and advertising must be approved by the Minister of Agriculture and Rural Development. The village decides based on the Prime Minister's approval according to the following order and procedures:
a) Exporting organizations and individuals submit 01 set of documents to the Ministry of Agriculture and Rural Development; Document components according to regulations of the Minister of Agriculture and Rural Development.
Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development will check. In case the dossier is incomplete, there must be a written request for the organization or individual to supplement and complete it. file;
b) Within 30 days from the date of receipt of complete dossier, the Minister of Agriculture and Rural Development shall make a decision based on the Prime Minister's approval. In case of refusal, the reason must be clearly stated.
Article 22. Conditions for production and sale of livestock breeds
1. Livestock breeds are individual livestock used for breeding and breeding.
2. Organizations and individuals producing livestock breeds must meet the following conditions:
a) Conditions specified in Article 55 of this Law;
b) Apply appropriate quality management systems and announce standards applicable to livestock breeds;
c) Establishments that keep original breeds, establishments that create lines and breeds of livestock must have technical staff with a university degree or higher in one of the fields of animal husbandry, veterinary medicine, or biology;
d) Facilities raising parent-level breeds for pigs, poultry, breeding herds, and livestock breed production must have technical staff trained in one of the following majors: animal husbandry, veterinary medicine, and biology. ;
d) Have a variety dossier clearly stating the variety name, variety level, origin, quantity, economic and technical indicators.
3. Organizations and individuals buying and selling livestock breeds must have a declaration of applicable standards of the production facility and breed records as prescribed in Point dd, Clause 2 of this Article.
Article 23. Conditions for production and sale of semen, embryos, breeding eggs, livestock breed larvae, artificial insemination services, and livestock breed embryo transfer
1. Organizations and individuals producing sperm, embryos, eggs, and larvae of livestock breeds must meet the following conditions:
a) Conditions specified in Clause 2, Article 22 of this Law;
b) Have records to monitor semen quality indicators during the period of inspection and exploitation of male semen;
c) Have specialized equipment that meets technical requirements to produce, test, evaluate, preserve and transport semen, embryos, breeding eggs and larvae.
2. Individuals providing artificial insemination and livestock embryo transfer services must comply with the following requirements:
a) Have a training certificate in artificial insemination or embryo transfer techniques according to regulations of the Minister of Agriculture and Rural Development;
b) When providing artificial insemination or embryo transfer services, information about the head of household, sire number, female breed number, breeding date, and mating times must be recorded.
3. Organizations and individuals that own male breeds for direct breeding for commercial purposes must comply with the following requirements:
a) Declare the sire according to regulations in Article 54 of this Law;
b) Using male breeds with provenance and breed records that have been quarantined, inspected, and evaluated for quality.
4. Organizations and individuals buying and selling livestock semen and embryos must meet the following conditions:
a) Have storage tools and equipment suitable for each type of semen and embryo;
b) The storage place must be separate or not contaminated by pesticides or toxic chemicals;
c) Take measures to ensure safety for people, pets, and the surrounding environment;
d) Have records to monitor the preservation, sale and purchase of semen and embryos.
5. Organizations and individuals producing poultry eggs must meet the following conditions:
a) Conditions specified in Clause 2, Article 22 of this Law;
b) Breeding eggs are exploited from breeding herds of parent level or equivalent or higher.
6. Organizations and individuals buying and selling livestock breed eggs and larvae must have dossiers announcing applicable standards and breed dossiers as prescribed in Clause 1 of this Article. Point d, Clause 2, Article 22 of this Law.
Article 24. Quality requirements of male and female breeds in production
1. Male breeds used in seed production must meet the following requirements:
a) Have a clear background and pedigree;
b) Produced from a seed production facility, consistent with the announced applied seed quality;
c) Male breeds used in semen production facilities for commercial purposes must be tested for individual productivity and quality according to regulations.
2. Seeds used in seed production must meet the following requirements:
a) Have a clear background and pedigree;
b) Produced from a seed production facility, consistent with the announced applied seed quality, and meets the prescribed quality.
3. The Minister of Agriculture and Rural Development regulates breed quality levels for male and female breeds.
Article 25. Rights and obligations of establishments producing, buying and selling livestock breed products
1. Establishments producing, trading and selling livestock breed products have the following rights:
a) To produce, buy and sell livestock breed products when fully meeting the conditions prescribed in Article 22 and Article 23 of this Law;
b) Enjoy the State's policies for establishments that produce, buy and sell livestock breed products;
c) Complaints, denunciations, and lawsuits related to the production and sale of livestock breed products according to the provisions of law;
d) To keep confidential information about production and sale of livestock breed products, unless requested by a competent state agency.
2. Establishments producing, buying and selling livestock breed products have the following obligations:
a) Declare livestock activities according to regulations in Article 54 of this Law;
b) Ensure conditions for establishments producing and trading livestock breed products during the production and trading process;
c) Save seed records for a minimum period of 03 years from the date of production, purchase and sale;
d) Provide buyers of livestock breed products with documents including information on the name and address of the production facility, livestock breed name, quantity of livestock breed products for sale, and pedigree of the livestock. Declaration of applicable standards and livestock farming processes;
d) Ensure and take responsibility for the quality of livestock breed products in accordance with announced applicable standards;
e) Recall livestock breed products that do not guarantee the type, origin, quality and compensate for damage according to the provisions of law;
g) Comply with inspection and examination by competent state agencies.
Section 3. TESTING AND INSPECTION OF ANIMAL SLINE AND BREED
Article 26. Testing of livestock strains and breeds
1. Testing livestock lines and breeds is the raising and monitoring of a specific livestock line or breed under certain conditions and time to determine the distinctiveness, stability, and uniformity of productivity. quality, disease resistance and assessment of harmful effects of that line or variety.
2. New livestock lines and breeds must be tested before being put into production, except for livestock lines and breeds created from the results of scientific and technological tasks at the ministerial or national level that have been recognized or permitted by the competent authority.
3. Organizations and individuals wishing to recognize new livestock lines and breeds must carry out testing according to national technical regulations on testing livestock lines and breeds at facilities qualified to test animal lines and breeds. feed.
4. The Minister of Agriculture and Rural Development promulgates national technical regulations on testing livestock strains and breeds.
Article 27. Conditions for testing establishments of livestock strains and breeds
Facilities testing livestock strains and breeds must meet the following conditions:
1. Conditions specified in Article 55 of this Law;
2. Have facilities and technical equipment suitable for testing corresponding livestock strains and breeds;
3. Have technical staff with a university degree or higher in one of the fields of animal husbandry, veterinary medicine, or biology;
4. Apply appropriate quality management system.
Article 28. Inspection of livestock strains and breeds
1. Inspection of livestock lines and breeds is the assessment and confirmation of productivity, quality, and disease resistance of livestock lines and breeds after being put into production.
2. Inspection of livestock strains and breeds is carried out in the following cases:
a) There are complaints and denunciations about the quality of livestock lines and breeds;
b) There is a request for solicitation or appraisal from a competent state agency;
c) At the request of organizations and individuals.
3. The Ministry of Agriculture and Rural Development announces testing facilities for livestock strains and breeds that can test livestock strains and breeds.
Article 29. Principles for naming new livestock strains and breeds
1. Each new line and breed of livestock can only be given a suitable name in Vietnamese.
2. The naming of new livestock strains and breeds must ensure that they do not fall into the following cases:
a) Identical or confusing with recognized livestock strain or breed names;
b) Includes only numbers;
c) Violating the historical, cultural, ethical traditions and fine customs of the nation;
d) Identical to the reading or writing of the name of a leader, national hero, or famous person;
d) Using names of state agencies, people's armed units, names of political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social organizations professional association, unless approved by that agency, unit or organization.
Article 30. Recognition of new livestock strains and breeds
1. Documents for recognition of new livestock strains and breeds include:
a) Application for recognition of new livestock lines and breeds, clearly stating the names of livestock lines and breeds, origin and origin;
b) Testing results or results of scientific and technological tasks at the ministerial and national level have been recognized or permitted by a competent authority.
2. Recognition of new livestock strains and breeds is carried out according to the following order and procedures:
a) Organizations and individuals requesting recognition of new livestock lines and breeds shall send 01 set of paper or electronic documents as prescribed in Clause 1 of this Article to the Ministry of Agriculture and Rural Development.
Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development will check. In case the dossier is incomplete, there must be a written request for the organization or individual to supplement and complete it. file;
b) Within 15 days from receipt of complete dossier, the Ministry of Agriculture and Rural Development shall organize appraisal and evaluation of the dossier. In case the appraisal and evaluation results meet the requirements, the Minister of Agriculture and Rural Development shall decide to recognize new livestock strains and breeds; In case of failure to meet the requirements, the reason must be clearly stated.
Article 31. Rights and obligations of establishments testing livestock strains and breeds
1. Establishments testing livestock strains and breeds have the following rights:
a) To conduct testing of livestock strains and breeds according to the provisions of law;
b) Carry out inspection of livestock strains and breeds according to regulations in Article 28 of this Law;
c) Be paid for testing and inspection costs of livestock strains and breeds according to the provisions of law;
d) Complaints, denunciations, and lawsuits related to testing of livestock strains and breeds according to the provisions of law;
d) Refuse to provide information related to implementation results, unless requested by a competent state agency.
2. Establishments testing livestock strains and breeds have the following obligations:
a) Ensuring testing facility conditions during operation;
b) Be responsible for the results of testing and inspection;
c) Comply with legal regulations on biosafety, disease safety, and environmental protection;
d) Keep records for a minimum period of 03 years after completion of testing and inspection;
d) Comply with inspection and examination by competent state agencies.
Chapter III
ANIMAL FEED
Article 32. Requirements for commercial animal feed before circulation on the market
1. Announce applicable standards and declare conformity according to the provisions of law on standards and technical regulations, product and goods quality.
2. Have quality consistent with applicable published standards and corresponding technical regulations.
3. Manufactured at a facility with a Certificate of eligibility for animal feed production issued by a competent state management agency.
4. Announce information about animal feed products on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
5. Labels or documents accompanying animal feed comply with the provisions in Article 46 of this Law.
Article 33. Announcing product information on complete mixed feeds and concentrated feeds
1. Complete mixed feed products and concentrated feed produced and traded by organizations and individuals self-publish information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
2. Dossier to announce information about complete mixed feed and concentrated feed products includes:
a) For complete mixed feeds and domestically produced concentrated feeds, include documents specified in the Points b, c, d, dd and e, Clause 2, Article 34 of this Law;
b) For complete mixed feeds and imported concentrated feeds, include documents specified in the Points b, c, d, dd, e and g, Clause 3, Article 34 of this Law. Documents must be originals or certified copies and certified Vietnamese translations.
3. Organizations and individuals access the Electronic Information Portal of the Ministry of Agriculture and Rural Development to self-publish product information on complete mixed feeds and concentrated feeds. Published product information must be consistent with the announcement dossier as prescribed in Clause 2 of this Article.
Immediately after self-declaring product information, organizations and individuals have the right to produce and trade products and are responsible for the quality and safety of the announced products.
4. Changing product information of complete mixed feed and concentrated feed is done as follows:
a) In case of change in production facility address or product quality, organizations and individuals must re-announce product information according to the provisions of Clauses 2 and 3 of this Article;
b) In case of changing information other than as prescribed in Point a of this Clause, organizations and individuals can make the changes themselves on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
Article 34. Disclosure of information about supplementary food products
1. Supplementary food products must be evaluated for publication on the Electronic Information Portal of the Ministry of Agriculture and Rural Development. This regulation does not apply to single materials.
2. Dossier requesting publication of information on domestically produced supplementary feed products includes:
a) Application for publication of product information;
b) Certificate of eligibility for animal feed production;
c) Contract for renting and processing animal feed in case organizations and individuals rent or process at an animal feed production facility that has been granted a Certificate of eligibility for animal feed production;
d) Applicable announced standards, written notice of receipt of declaration of product conformity;
d) Test result sheet of product quality and safety criteria in announced applicable standards and in corresponding national technical regulations issued by a testing laboratory run by the Ministry of Agriculture and Rural Development designate or acknowledge;
e) Sample of product label.
3. Dossier requesting publication of information on imported supplementary feed products includes:
a) Application for publication of product information;
b) Certificate of free circulation or equivalent document issued by the competent authority of the country of origin;
c) One of the certificates of Quality Management System (ISO), Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP) or equivalent certificates of the manufacturing facility export;
d) Product information provided by manufacturing organizations and individuals including ingredients, uses, and instructions for use; quality indicators and safety indicators according to regulations of the Minister of Agriculture and Rural Development;
d) Declaration of applicable standards of organizations and individuals registering according to the provisions of law on product and goods quality; The product's secondary label is shown in Vietnamese according to regulations;
e) Test result sheet for product quality and safety criteria issued by a testing laboratory designated by a competent authority of the country of origin or recognized by an international accreditation organization or organization. accreditation of testing areas or laboratories designated or recognized by the Ministry of Agriculture and Rural Development;
g) Sample of product label provided by the manufacturing organization or individual.
Documents must be originals or certified copies and certified Vietnamese translations.
4. Dossier requesting re-announcement of information about supplementary food products is specified as follows:
a) For domestically produced supplementary foods, according to the provisions of Point a, Clause 2 of this Article;
b) For imported complementary foods, follow the provisions in Point a, Clause 3 of this Article.
5. Information disclosure of supplementary food products is carried out in the following order:
a) Organizations and individuals access the electronic information portal of the Ministry of Agriculture and Rural Development to submit dossiers requesting publication of information about supplementary food products according to the provisions of Clauses 2, 3 and 3. 4 This;
b) Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development checks the dossier's composition. In case the dossier is incomplete, it must be notified on the Electronic Information Portal to Organizations and individuals supplement and complete.
Within 20 days from the date of receipt of complete dossier, the Ministry of Agriculture and Rural Development will evaluate the dossier and publish product information on the Electronic Information Portal. In case of disagreement, the reason must be clearly stated. .
6. The circulation period of a supplementary food product is 05 years from the date the product is announced by the Ministry of Agriculture and Rural Development on the Electronic Information Portal. During 06 months before the expiration date of circulation, organizations and individuals wishing to make re-announcement according to the provisions of Clauses 4 and 5 of this Article.
Article 35. Changing information about supplementary food products
1. In case of changing information about a complementary food product such as name, address, phone number, fax number, email address of the registered organization or individual, product packaging specifications, the organization will Organizations and individuals can change their own information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
2. In case of changing information of a supplementary food product such as manufacturer's name, production facility address, product name, applicable announced standard symbol, product form, color, instructions use, product shelf life, organizations and individuals must request to change information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development according to the following records, order and procedures:
a) Dossier to request information change includes application for information change, applicable standards declaration, receipt of regulation conformity declaration (if any), sample of product label, Certificate of eligibility conditions for animal feed production.
For imported complementary foods, the original or certified copy of the manufacturer's confirmation of changes must be added; A certified copy of the Business Registration Certificate or confirmation from a competent state management agency in case of changing the name of the production facility or trade name of imported animal feed;
b) Within 03 working days from the date of receiving the dossier, the Ministry of Agriculture and Rural Development shall check and, in case the dossier is incomplete, request the organization or individual to supplement and complete the dossier. .
Within 15 days from the date of receiving the complete dossier, the Ministry of Agriculture and Rural Development confirms and publishes product change information on the Electronic Information Portal. In case of disagreement, it must be clearly stated. reason.
3. The provisions in Clauses 1 and 2 of this Article do not apply to single materials.
Article 36. Announcement of other animal feed products
1. The Ministry of Agriculture and Rural Development shall announce and post on the Ministry's electronic information portal on traditional food products and single ingredients the following contents:
a) Product name;
b) Technical requirements of the product.
2. Animal feed that does not have to be declared on the Electronic Information Portal of the Ministry of Agriculture and Rural Development includes:
a) Animal feed for internal consumption is animal feed mixed by the facility itself to meet the facility's livestock needs, and cannot be exchanged or purchased on the market;
b) Ordered animal feed is animal feed produced according to an order between the ordering establishment and the animal feed supplier, and can only be used internally by the ordering establishment, and cannot be given away. exchange and buy and sell on the market;
c) Other animal feed not specified in Clause 1 of this Article.
Article 37. Testing of animal feed
1. Animal feed testing is the assessment of the quality and safety of animal feed for animals and the environment through feeding and testing animals according to each stage of growth or production cycle. . The content of animal feed testing includes:
a) Analysis of animal feed quality;
b) Assess toxicity and safety for animals and the environment;
c) Other contents according to the characteristics of each type of animal feed.
2. Animal feed imported for the first time from a country or territory that has not been recognized by Vietnam in its testing and recognition process for animal feed or produced in Vietnam containing new substances that have not been tested In Vietnam, testing is required before product announcement, except for animal feed created from the results of scientific and technological tasks at the ministerial and national level that have been recognized or permitted by a competent authority. .
3. Animal feed testing facilities must meet the following conditions:
a) Conditions specified in Article 55 of this Law;
b) Have facilities and technical equipment that meet the testing requirements for each type of animal feed;
c) The technical person in charge has a university degree or higher in one of the following majors: animal husbandry, veterinary medicine, biology, food technology, or post-harvest technology.
4. The Minister of Agriculture and Rural Development promulgates a list of chemicals, biological products, and microorganisms banned from use in animal feed and a list of raw materials allowed to be used as animal feed; promulgate national technical regulations on animal feed testing and regulate mutual recognition of animal feed testing and recognition processes with countries and territories that have trade activities in animal feed. Livestock farming with Vietnam.
Article 38. Conditions for animal feed production
1. Organizations and individuals producing commercial animal feed and animal feed to order must meet the following conditions:
a) The production facility's location is not located in an area contaminated by hazardous waste or toxic chemicals;
b) Design the production area, arrange equipment according to one-way rules from input materials to output products, ensuring separation between production areas to avoid cross-contamination;
c) Have appropriate lines and equipment to produce animal feed;
d) Have measures to preserve animal feed ingredients as recommended by the supplying organization or individual;
d) Have measures to control harmful organisms, impurities, and contaminated waste so as not to affect the safety and quality of animal feed;
e) Have equipment and measuring tools that are inspected and calibrated according to regulations;
g) Have or rent a testing laboratory to analyze the quality of animal feed during the production process;
h) The technical person in charge has a university degree or higher in one of the following majors: animal husbandry, veterinary medicine, biology, food technology, post-harvest technology;
i) Facilities producing animal feed containing antibiotics must have control measures to ensure no spread or cross-contamination between different types of antibiotics, between animal feed containing antibiotics and animal feed that does not. contains antibiotics;
k) Have environmental protection measures that meet the provisions of law on environmental protection.
2. Organizations and individuals producing animal feed for internal consumption must meet the conditions specified in Points a, b, d, dd, e, g, i and k, Clause 1 of this Article, except for cases where suitable for producing animal feed for internal consumption and use in household farming.
3. The Government shall detail Clause 1 of this Article.
Article 39. Issuance, re-issuance, and revocation of Certificates of eligibility for animal feed production
1. Authority to issue, re-issue, and revoke Certificates of eligibility for animal feed production is prescribed as follows:
a) The Ministry of Agriculture and Rural Development issues, reissues, and revokes Certificates of eligibility for animal feed production for establishments producing additional animal feed;
b) Provincial People's Committees issue, re-issue, and revoke Certificates of eligibility for animal feed production in the area, except for the cases specified in Point a of this Clause.
2. Certificate of eligibility for animal feed production is reissued in the following cases:
a) Lost or damaged;
b) Change information about organizations and individuals in the Certificate of eligibility for animal feed production.
3. Certificate of eligibility for animal feed production is revoked in the following cases:
a) The content in the Certificate of eligibility for animal feed production is erased, erased or corrected;
b) The establishment no longer meets the conditions specified in Clause 1, Article 38 of this Law;
c) The facility commits other violations that require revocation of the Certificate of eligibility for animal feed production.
4. The Government regulates documents, order and procedures for issuance, re-issuance and revocation of Certificates of eligibility for commercial animal feed production.
Article 40. Conditions for buying and selling animal feed
1. Have equipment and tools to preserve animal feed according to the instructions of the producing and supplying organizations and individuals.
2. Places for sale and storage of animal feed must be separate or not contaminated by pesticides, fertilizers, or other toxic chemicals.
3. Have measures to prevent and control harmful organisms.
Article 41. Import of animal feed
1. Imported animal feed must be state inspected for quality according to regulations in Clause 4, Article 43 of this Law.
2. Organizations and individuals importing animal feed must have or rent a warehouse to preserve animal feed that meets the requirements for ensuring quality and food safety according to the provisions of law and recommendations of the organization. personally provided.
3. Organizations and individuals may only import animal feed that has had information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
In case of importing animal feed information that has not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for introduction at fairs, exhibitions, adaptive farming, research, and analysis samples at the testing laboratory or for production and processing for export purposes must be licensed by the Minister of Agriculture and Rural Development.
4. The Minister of Agriculture and Rural Development shall consider and decide to inspect legal documents, enforcement systems, animal feed production conditions, and testing laboratories in the exporting country according to regulations of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member in the following cases:
a) Evaluation for mutual recognition;
b) Detect risks affecting the quality, environment, food safety, and disease safety of animal feed imported into Vietnam.
5. The Government regulates this Article in detail.
Article 42. Export of animal feed
1. Records and quality of exported animal feed comply with the requirements of organizations, individuals, importing countries and in accordance with the provisions of Vietnamese law.
2. The export of animal feed must comply with the provisions of this Law and other relevant laws.
Article 43. State inspection of animal feed quality
1. State inspection of animal feed quality must comply with the provisions of this Law, Law on Product and Goods Quality and other relevant legal provisions.
2. Content of state inspection of the quality of commercial animal feed produced and circulated domestically includes:
a) Implementation of announcement of applicable standards and declaration of conformity (if any);
b) Implementation of measures to manage animal feed quality;
c) The implementation of labeling of animal feed products;
d) Take samples of animal feed to check the product's conformity with announced applicable standards, corresponding national technical regulations and other relevant legal regulations, focusing on inspection , evaluate safety criteria and main quality criteria in animal feed.
3. Content of state inspection on the quality of animal feed for internal consumption, animal feed on order, and traditional feed includes sampling of animal feed to check prescribed safety criteria in corresponding national technical regulations and other relevant legal provisions.
4. Contents of state inspection of imported animal feed quality include:
a) Check import documents;
b) Actual inspection of quantity, volume, packaging specifications, labeling, expiration date, origin and other sensory criteria of the product;
c) Take samples of animal feed for testing to assess product quality and safety conformity.
5. Contents of state inspection of quality of exported animal feed include:
a) Check the dossier of declaration of quality and declaration of conformity (if any);
b) Actual inspection of packaging specifications, labeling, expiration date, and product appearance;
c) Analyze quality according to the requirements of businesses, organizations, individuals, and importing countries.
6. Contents of state inspection of recalled or returned exported animal feed include:
a) Check the reasons why exported animal feed is recalled or returned;
b) Actual inspection of packaging specifications, labeling, expiration date, and product appearance;
c) Take samples of animal feed to check product quality and safety.
7. Handling of violations of animal feed quality is regulated as follows:
a) Organizations and individuals producing and trading animal feed, depending on the level of quality violations, shall be administratively sanctioned or prosecuted for criminal liability according to the provisions of law;
b) Handling animal feed that violates quality in the form of information correction, recycling, conversion of use purpose, re-export, and destruction.
8. The Government regulates this Article in detail.
Article 44. Sampling and testing of animal feed
1. Sampling for state inspection of animal feed quality is carried out in accordance with national standards or regulations of the Minister of Agriculture and Rural Development.
2. People who take samples of animal feed to serve state management must be granted a certificate of animal feed sampling by the Ministry of Agriculture and Rural Development.
3. Animal feed testing results serving state management are only recognized according to testing methods at laboratories designated by the Ministry of Agriculture and Rural Development. In case the test method has not been specified or has not been agreed upon, the Minister of Agriculture and Rural Development shall decide on the test method to be temporarily applied.
4. Testing grounds include quality criteria announced to be applied by organizations and individuals manufacturing or providing products, safety criteria specified in corresponding national technical regulations and other regulations. of relevant laws.
Article 45. Animal feed containing antibiotics
1. Antibiotics used in animal feed must be veterinary drugs permitted for circulation in Vietnam.
2. Antibiotics may only be used in animal feed production according to the prescription of a person with a certificate of practice in preventing and treating animal diseases in accordance with the law on veterinary medicine to prevent diseases in livestock at the young stage. young animals, treating infected animals.
3. The use of animal feed containing antibiotics must comply with the instructions of the organization or individual producing or providing animal feed.
4. Animal feed containing antibiotics must display information about the antibiotic name and content, instructions for use, and discontinuation time on the product label or documents accompanying the product.
5. The Government stipulates criteria for livestock in the young stage that are allowed to use animal feed containing antibiotics to prevent diseases and a roadmap to eliminate the use of antibiotics in disease prevention for livestock.
Article 46. Labeling of animal feed
1. Labeling of animal feed is carried out in accordance with the law on product labeling and the following regulations:
a) For commercial animal feed, the product label or accompanying documents must show information about the product name, main ingredients, quality criteria, place of production, date of manufacture, and expiration date. Use, storage instructions, instructions for use; information about organizations and individuals responsible for goods to ensure product traceability requirements;
b) For other animal feed, the product label or accompanying documents must have information to identify and trace the product origin.
2. The Minister of Agriculture and Rural Development shall provide detailed regulations on animal feed labeling.
Article 47. Advertising of animal feed
1. Organizations and individuals advertising animal feed must comply with the provisions of law on advertising.
2. Animal feed advertising content must be consistent with product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
Article 48. Rights and obligations of animal feed production facilities
1. Animal feed production facilities have the following rights:
a) Enjoy State policies related to animal feed production and business activities;
b) To produce animal feed according to the provisions of this Law and other relevant laws;
c) Complaints, denunciations, and lawsuits related to animal feed production according to the provisions of law;
d) Commercial animal feed production facilities, in addition to the rights specified in Points a, b and c of this Clause, may process appropriate types of animal feed according to the provisions of law.
2. Animal feed production facilities have the following obligations:
a) Ensure conditions for animal feed production facilities during operation;
b) Develop and implement animal feed quality control processes, ensure animal feed conforms to announced applicable quality standards and corresponding national technical regulations, and ensure source traceability origin of animal feed products, keeping animal feed quality control procedures;
c) Only use products and animal feed ingredients in accordance with the provisions of law; Raw materials used in finished products must have a shelf life at least equal to the shelf life of the finished product;
d) Comply with inspection and examination of production conditions and quality of animal feed by competent state agencies; Be responsible before the law for the quality of animal feed produced by the facility;
d) Commercial animal feed production facilities must announce applicable standards, declare conformity, label animal feed and keep full records at the production facility according to regulations; Keep production logs and animal feed testing results for a minimum period of 02 years; Store animal feed samples for a minimum period of 30 days from the date the product expires; Report the situation of animal feed production periodically or irregularly according to the regulations of the Minister of Agriculture and Rural Development and fulfill the obligations specified in Points a, b, c and d of this Clause.
Article 49. Rights and obligations of establishments buying, selling, exporting and importing animal feed
1. Establishments purchasing, selling, exporting, and importing animal feed have the following rights:
a) Enjoy State policies related to animal feed business activities;
b) To buy, sell, export and import animal feed products according to the provisions of this Law and other relevant laws;
c) Complaints, denunciations, and lawsuits related to the purchase, sale, export, and import of animal feed according to the provisions of law.
2. Establishments purchasing, selling, exporting and importing animal feed have the following obligations:
a) Ensuring conditions for facilities to buy, sell, export and import animal feed during operations;
b) Comply with legal regulations in ensuring quality and information about the source and origin of animal feed;
c) Apply product quality preservation measures as recommended by producing organizations and individuals to maintain animal feed quality;
d) Post prices and comply with animal feed price checks;
d) Comply with inspection and examination of conditions for purchase, sale, export, import and quality of animal feed by competent state agencies;
e) Do not buy, sell, export or import products containing substances banned from use in animal feed;
g) Only be allowed to buy, sell and import animal feeds that have been announced on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
h) Record and save information of animal feed during the process of purchasing, exporting, and importing to ensure traceability of origin;
i) Develop a process for evaluating and selecting organizations and individuals that produce or supply imported animal feed; Develop and implement a plan to inspect the quality of imported animal feed shipments to ensure compliance with purchase contracts, announced applicable standards and technical regulations.
Article 50. Rights and obligations of organizations and individuals using animal feed
1. Organizations and individuals using animal feed have the following rights:
a) Be provided with full information about the quality, origin, price and instructions for use of animal feed from the supplying organization or individual;
b) Complaints, denunciations, and lawsuits related to the use of animal feed according to the provisions of law;
c) Be compensated for damages according to the provisions of law.
2. Organizations and individuals using animal feed have the following obligations:
a) Use animal feed to ensure quality and food safety for human health, livestock and the environment;
b) Comply with legal regulations and instructions of organizations and individuals providing animal feed on transportation, storage, preservation and use of animal feed;
c) Comply with inspection and testing of animal feed quality by competent state agencies;
d) Coordinate the handling of animal feed and livestock products that violate quality and safety according to the provisions of law;
d) Record the use of animal feed containing antibiotics according to regulations.
Article 51. Rights and obligations of animal feed testing establishments
1. Animal feed testing establishments have the following rights:
a) Have animal feed tested according to the provisions of law;
b) Be paid for animal feed testing costs according to the provisions of law;
c) Complaints, denunciations, and lawsuits related to animal feed testing according to the provisions of law.
2. Animal feed testing establishments have the following obligations:
a) Ensure conditions for animal feed testing facilities during operation;
b) Be responsible for the results of animal feed testing;
c) Maintain animal feed testing records for a minimum period of 03 years;
d) Comply with inspection and examination of animal feed testing activities by competent state agencies.
Chapter IV
CONDITIONS OF LIVESTOCK FACILITIES AND LIVESTOCK WASTE TREATMENT
Section 1. CONDITIONS OF LIVESTOCK FACILITIES
Article 52. Scale of livestock production
1. Livestock scale includes the following types:
a) Farm animal husbandry includes large-scale, medium-scale and small-scale animal husbandry;
b) Farming livestock.
2. The Government shall detail this Article.
Article 53. Livestock units and livestock density
1. Livestock unit is the conversion unit of livestock and poultry based on live weight, regardless of breed, age and sex. Each livestock unit is equivalent to 500 kg of live livestock mass.
2. Livestock density is calculated by the total number of livestock units per hectare of agricultural land.
3. Determination of livestock scale must be based on livestock density.
4. The Government regulates livestock density for each region based on livestock development strategy, livestock technology, and ecological environment.
5. The Provincial People's Committee, based on the livestock density of the region, determines the livestock density of the province or centrally run city.
Article 54. Declaration of livestock activities
1. Organizations and individuals raising livestock must declare livestock farming activities to the commune-level People's Committee.
2. The Minister of Agriculture and Rural Development stipulates the type and number of livestock that must be declared, the time of declaration and the form for declaring livestock activities.
Article 55. Farm animal husbandry
1. Farm livestock must meet the following conditions:
a) The location of the farm is consistent with the local and regional socio-economic development strategy and livestock development strategy; Meet the requirements for livestock density specified in Clause 4 and Clause 5, Article 53 of this Law;
b) Have enough water sources to ensure quality for livestock farming activities and livestock waste treatment;
c) Have measures to protect the environment according to the provisions of law on environmental protection;
d) Have stables and livestock equipment suitable for each type of livestock;
d) Have records recording the process of animal husbandry activities, use of animal feed, veterinary drugs, vaccines and other information to ensure traceability; Keep records for a minimum period of 01 year after the end of the breeding cycle;
e) There is a safe distance from the farm livestock area to objects affected by livestock activities and from the source of pollution to the farm livestock area.
2. Organizations and individuals raising livestock on a large scale must be granted a Certificate of eligibility for livestock farming.
3. The Minister of Agriculture and Rural Development regulates safe distances in farm livestock to ensure biosecurity, disease safety and environmental protection.
Article 56. Farm household farming
Farming households must meet the following requirements:
1. Raising cages must be separate from people's residences;
2. Periodically clean, disinfect and disinfect cages and livestock equipment;
3. Have appropriate measures to clean and prevent epidemics; Collect and treat manure, livestock wastewater, livestock carcasses and other livestock waste according to the provisions of law on veterinary medicine and environmental protection.
Article 57. Rights and obligations of livestock raising organizations and individuals
1. Organizations and individuals raising livestock have the following rights:
a) Organizations and individuals that have declared livestock activities according to the provisions of Article 54 of this Law provides support for damage and restoration of production when affected by natural disasters or epidemics according to the provisions of law;
b) Enjoy State policies related to livestock farming activities;
c) Receive training and education on animal husbandry;
d) Promote products according to the provisions of law;
d) Complaints, denunciations, and lawsuits related to livestock production according to the provisions of law.
2. Organizations and individuals raising livestock have the following obligations:
a) Make declaration of livestock activities according to regulations in Article 54 of this Law;
b) Implement biosecurity and environmental hygiene measures in livestock farming;
c) Treat livestock waste according to the provisions of law on environmental protection;
d) Ensure humane treatment of livestock according to the provisions of law.
Article 58. Issuance, re-issuance, and revocation of Certificates of eligibility for livestock production for large-scale livestock farming
1. Provincial People's Committees have the authority to issue, re-issue and revoke Certificates of eligibility for animal husbandry.
2. Certificate of eligibility for animal husbandry will be re-issued in the following cases:
a) Lost or damaged;
b) Change information about organizations and individuals in the Certificate of eligibility for animal husbandry.
3. Certificate of eligibility for animal husbandry will be revoked in the following cases:
a) The content in the Certificate of eligibility for livestock production is erased, erased or corrected;
b) The farm livestock facility no longer meets the conditions specified in Article 55 of this Law;
c) The farm livestock facility commits other violations that require revocation of the Certificate of eligibility for livestock production by law.
4. The Government regulates dossiers, order and procedures for issuance, re-issuance and revocation of Certificates of eligibility for animal husbandry.
Section 2. ANIMAL WASTE TREATMENT
Article 59. Waste treatment in animal husbandry on farms
1. Livestock waste includes solid waste of organic origin, livestock wastewater, exhaust gas and other waste.
2. The treatment of solid waste of organic origin is regulated as follows:
a) Organizations and individuals that own farm livestock facilities are responsible for treating solid waste of organic origin to meet national technical regulations before using it for crops or as food for aquatic animals. ;
b) When transporting untreated solid waste of organic origin from the farm to the treatment facility, specialized vehicles and equipment must be used;
c) Livestock that die from diseases and other hazardous waste must be handled according to the provisions of law on veterinary medicine and environmental protection.
3. Livestock wastewater treatment is regulated as follows:
a) Organizations and individuals that own farm livestock facilities are responsible for collecting and treating livestock wastewater to meet national technical regulations on livestock wastewater before discharging it into receiving sources according to regulations. legal regulations on environmental protection;
b) Treated livestock wastewater meets national technical regulations on livestock wastewater used for crops;
c) Untreated livestock wastewater must be transported out of the farm livestock facility to the treatment site using specialized vehicles and equipment.
4. Organizations and individuals that own farm livestock facilities are responsible for treating emissions from livestock activities to meet national technical regulations on livestock emissions.
5. Other waste treatment must comply with the provisions of law on veterinary medicine and environmental protection.
Article 60. Waste treatment in household farming
Farm owners must comply with the following requirements:
1. Have measures to treat feces, wastewater, and livestock emissions to ensure environmental hygiene and not affect surrounding people;
2. Pets that die from diseases and other hazardous waste must be handled according to the provisions of law on veterinary medicine and environmental protection.
Article 61. Noise treatment in livestock activities
1. Noise in livestock activities includes noise emitted from livestock and equipment used in livestock activities.
2. Organizations and individuals that own livestock farms and livestock owners must handle noise emitted during livestock operations to meet national technical regulations on noise in livestock operations.
Article 62. Management of livestock waste treatment products
1. Products for treating livestock waste before being circulated on the market must meet the following requirements:
a) Announce applicable standards and declare conformity according to the provisions of law;
b) Has quality consistent with announced applicable standards;
c) Product information has been posted on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
d) Livestock waste treatment products produced or imported into Vietnam for the first time that contain new substances that have not been tested in Vietnam must be tested before product announcement.
2. The Government shall detail this Article.
Article 63. Management of facilities producing livestock waste treatment products
1. Management of livestock waste treatment product manufacturing facilities includes:
a) The production location is located in an area not polluted by hazardous waste;
b) Environmental impact assessment report or environmental protection plan according to the provisions of law on environmental protection;
c) Suitable lines and equipment to produce products;
d) Measuring equipment and tools to monitor quality and ensure accuracy according to the law on measurement;
d) Warehouses for storing waste treatment and livestock products need separate preservation regimes;
e) The person in charge of engineering has a university degree or higher in one of the majors of animal husbandry, veterinary medicine, chemistry, biotechnology, or environmental technology.
2. The Government shall detail this Article.
Chapter V
OTHER ANIMALS RAISING AND HUMANE TREATMENT OF LIVESTOCKS
Section 1. OTHER ANIMAL RAISING
Article 64. Management of bird nest farming
1. Attracting swiftlets is the use of technical measures to attract swiftlets to nest in the swiftlet house.
2. Swiftlet farming activities include attracting, hatching, breeding and exploiting bird's nests.
3. Organizations and individuals engaged in bird nest farming activities in bird nest farming areas must ensure environment, noise, disease prevention and food safety according to the provisions of law.
4. The Government regulates this Article in detail.
Article 65. Management of honey bee farming
1. Bees raised for honey are domesticated bees and must ensure disease safety.
2. Organizations and individuals that raise bees for honey production must ensure disease safety for bee colonies, environmental sanitation in beekeeping areas, and food hygiene and safety for products exploited from honey bees.
3. The Minister of Agriculture and Rural Development regulates the distance between honey bee locations, methods of moving honey bee colonies, crops, flower areas for honey bee farming, and use of honey bees to pollinate crops. .
Article 66. Management of dog and cat breeding
Dog and cat owners must comply with the following requirements:
1. Vaccinate dogs and cats against rabies according to the provisions of veterinary law;
2. When you suspect a dog or cat has rabies symptoms, you must immediately report it to the commune-level People's Committee or the grass-roots animal husbandry and veterinary officer and handle it according to the provisions of veterinary law;
3. Take measures to ensure safety for people and other livestock, maintain environmental hygiene, and ensure veterinary hygiene conditions;
4. In case a dog or cat attacks and causes damage, compensation must be made according to the provisions of law.
Article 67. Management of sika deer farming
1. Organizations and individuals are only allowed to raise domesticated deer of legal origin and are responsible before the law for the origin of the domesticated deer.
2. Organizations and individuals raising sika deer must have cages suitable for the biological characteristics of sika deer, ensuring safety for people and other livestock, ensuring environmental hygiene, and ensuring animal hygiene conditions. medicine, disease prevention and food safety according to the provisions of law.
3. The Government shall detail this Article.
Article 68. Management of other animal husbandry
1. Organizations and individuals are allowed to raise other animals specified in the provisions Articles 64, 65, 66 and 67 of this Law and other animals on the List of other animals allowed to be raised.
2. The Government issues a List of other animals allowed to be raised. The Minister of Agriculture and Rural Development regulates the raising of other animals on the List of other animals allowed to be raised.
Section 2. HUMANE TREATMENT OF LIVESTOCKS
Article 69. Humane treatment of livestock in livestock farming
Organizations and individuals engaged in animal husbandry activities must comply with the following requirements:
1. Have barns and breeding space suitable for livestock;
2. Provide enough food and drinking water to ensure hygiene;
3. Disease prevention and treatment according to the provisions of veterinary law;
4. Do not beat or abuse pets.
Article 70. Humane treatment of livestock during transportation
Organizations and individuals transporting livestock must comply with the following requirements:
1. Use appropriate means and equipment to transport pets, ensure airy space, limit injury and fear for pets;
2. Provide enough food and water for pets;
3. Do not beat or abuse pets.
Article 71. Humane treatment of livestock during slaughter
Pet slaughterhouses must comply with the following requirements:
1. Have a place to keep pets that ensures hygiene; Provide suitable drinking water for animals while waiting for slaughter;
2. Limit causing fear and pain to pets; Do not beat or torture pets;
3. Take measures to cause livestock to faint before slaughter; Do not let pets witness their fellow animals being slaughtered.
Article 72. Humane treatment of livestock in scientific research and other activities
1. Livestock used in scientific research and other activities must be treated humanely according to the provisions of Articles 69, 70 and 71 of this Law.
2. Humane treatment of pets must be respectful and in harmony with traditional belief, religion, and cultural activities and be approved by the social community.
Chapter VI
PROCESSING AND MARKET OF LIVESTOCK PRODUCTS
Article 73. Slaughter of livestock
1. The slaughter of livestock must comply with the provisions of law on veterinary medicine, food safety and humane treatment of livestock.
2. Slaughter facilities must have records on the origin of livestock to ensure traceability of the origin of livestock slaughtered.
Article 74. Trading, pre-processing and processing of livestock products
1. Establishments that purchase, sell, pre-process, and process livestock products must comply with the provisions of law on veterinary medicine, food safety, and environmental protection.
2. Livestock products purchased, sold, pre-processed, and processed must have a clear origin to ensure traceability of the product's origin.
3. Buying and selling livestock products in areas where epidemics are declared must comply with the provisions of veterinary law.
4. Do not use additives or substances to assist in the preparation and processing of livestock products that are past their expiration date, outside the list of permitted uses, or on the list of permitted uses but exceeding the allowable limit; chemicals of unknown origin, chemicals banned from use in preliminary processing and processing of foods that are livestock products according to the provisions of law.
Article 75. Preservation of livestock products
1. The preservation of livestock products at preliminary processing and processing facilities, places of sale and during transportation must comply with the provisions of law on veterinary medicine, food safety and environmental protection.
2. Do not use additives or preservatives for livestock products that are past their expiration date, outside the list of permitted uses, or on the list of permitted uses but exceeding the allowable limit; chemicals of unknown origin, chemicals banned from use to preserve livestock products according to the provisions of law.
3. Clearly state the time, deadline and technical regulations in preserving livestock products for users of livestock products to know.
Article 76. Livestock product market forecast
1. Every year, the Ministry of Industry and Trade forecasts market demand for livestock products, the Ministry of Agriculture and Rural Development forecasts the supply of livestock products; published in specialized newsletters and mass media.
2. The Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development update prices and markets of domestic livestock products weekly, international markets monthly and according to state management requirements, published on specialized newsletters. industry and mass media.
Article 77. Export of livestock and livestock products
1. Organizations and individuals are allowed to export livestock products and livestock that are not on the List of livestock breeds banned from export.
2. Records and quality of livestock and livestock products for export comply with the requirements of organizations, individuals, importing countries and in accordance with the provisions of Vietnamese law.
Article 78. Import of livestock and livestock products
1. Imported livestock and livestock products must have records of clear origin and origin, meeting quality, food safety, and disease safety according to the provisions of law.
2. Before entering the territory of the Socialist Republic of Vietnam at the border gate according to regulations, imported livestock and livestock products must be inspected for quality, food safety, and disease safety according to regulations. regulations of Vietnamese law.
3. The Minister of Agriculture and Rural Development shall consider and decide to inspect legal documents, enforcement systems, and conditions for production and trading of livestock and livestock products in the country of origin. According to the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member in the following cases:
a) Evaluation for mutual recognition;
b) Livestock and livestock products imported for the first time from the country of origin;
c) Detect risks affecting the quality, environment, food safety, and disease safety of livestock products imported into Vietnam;
d) In case imported livestock products have high risks of food safety and disease safety, inspection of production and supply facilities in the country of origin must be conducted before allowing import.
4. Imported livestock products that violate the law on quality, food safety, and disease safety must be recalled and handled according to the provisions of law.
5. The Government shall detail point d, clause 3 of this Article; importing live livestock for food and border gates are allowed to receive live livestock imported into Vietnam.
Chapter VII
STATE MANAGEMENT OF LIVESTOCK LIVESTOCK
Article 79. Responsibilities of the Government, Ministries, and ministerial-level agencies
1. The Government unifies state management of livestock production throughout the country.
2. The Ministry of Agriculture and Rural Development is the focal agency helping the Government implement state management of livestock production nationwide and has the following responsibilities:
a) Develop and direct the implementation of strategies, plans and projects in animal husbandry;
b) Promulgate according to authority or submit to competent authorities to promulgate and organize the implementation of policies and legal documents in animal husbandry;
c) Develop national technical standards and regulations in animal husbandry; regulations on quality criteria that must be published; develop and guide good animal husbandry practices;
d) Organize statistics, basic surveys, and reports in animal husbandry;
d) Scientific research, application of high technology, advanced technology, new technology;
e) Develop and organize the implementation of training programs and plans, training and fostering professional knowledge and skills about animal husbandry;
g) Organize information, propaganda, dissemination and education on livestock laws;
h) Inspect, examine, resolve complaints and denunciations, and handle violations of the law on livestock production according to authority;
i) Focal point for implementing international cooperation on livestock production.
3. Relevant ministries and ministerial-level agencies, within the scope of their duties and powers, are responsible for coordinating with the Ministry of Agriculture and Rural Development to carry out state management of livestock production.
Article 80. Responsibilities of People's Committees at all levels
1. Provincial People's Committees, within the scope of their duties and powers, have the following responsibilities:
a) Implement state management of livestock production within the scope of management;
b) Issue according to authority or submit to competent authorities to issue guiding documents and organize the enforcement of laws on livestock production in the area; develop and promulgate local technical regulations on livestock production;
c) Develop the content of the local livestock development strategy in accordance with the national livestock development strategy and the local socio-economic development strategy;
d) Build and organize concentrated livestock farming, production and animal feed processing areas associated with waste treatment and environmental protection;
d) Direct and organize propaganda, dissemination, fostering and training of knowledge and education on livestock laws;
e) Inspect, examine, resolve complaints and denunciations, handle violations of the law according to authority and coordinate to handle violations of the law on livestock production in the area;
g) Allocating land, leasing land, creating land funds, ensuring water sources for livestock development and growing animal feed raw materials, centralized slaughterhouses according to authority; issue, re-issue, and revoke Certificates of eligibility for livestock farming for large-scale livestock farms;
h) Submit to the Provincial People's Council to decide on areas within the inner city of cities, towns, townships, and residential areas that are not allowed to raise livestock, decide on areas for raising swiftlets and support policies when relocating establishments. livestock farms out of areas where livestock farming is not allowed.
2. District-level People's Committees, within the scope of their duties and powers, have the following responsibilities:
a) Direct and organize propaganda and dissemination of legal knowledge and education on animal husbandry;
b) Allocating land, leasing land, creating land funds according to authority to develop livestock and grow animal feed raw materials;
c) Organize management and development of livestock production locally; Statistics, assessment and support for damage to livestock facilities after natural disasters and epidemics;
d) Inspect, examine, resolve complaints and denunciations, and handle violations of the law on livestock production in the district according to authority.
3. Commune-level People's Committees, within the scope of their duties and powers, have the following responsibilities:
a) Propagate, disseminate and educate about livestock laws;
b) Organize the declaration of livestock activities in the area;
c) Statistics on livestock facilities, livestock households, and animal feed production facilities in the area.
Article 81. Responsibilities of the Vietnam Fatherland Front and its member organizations, socio-professional organizations, and social organizations
1. The Vietnam Fatherland Front and its member organizations, within the scope of their functions and tasks, are responsible for propagating and advocating for the implementation of policies and laws on livestock production; Participate in providing comments on law development, and carry out social supervision and criticism in animal husbandry according to the provisions of law.
2. Social-professional organizations and social organizations contribute to the development of laws in areas of the livestock industry and participate in implementing livestock activities according to the provisions of law.
Chapter VIII
TERMS ENFORCEMENT
Article 82. Effectiveness of implementation
1. This Law takes effect from January 1, 2020.
2. Ordinance on Livestock Breeds No. 16/2004/PL-UBTVQH11 expires from the effective date of this Law.
Article 83. Transitional regulations
1. Designated testing organization and laboratory; Licenses, certificates, certifications, and certifications in animal husbandry issued before the effective date of this Law may continue to be used until their expiration date.
2. Livestock facilities built and operating before the effective date of this Law in the areas specified in Clause 1, Article 12 of this Law, within 05 years from the effective date of this Law, they must stop operating or relocate to a suitable location.
3. Livestock facilities built and operating before the effective date of this Law but do not meet the livestock raising conditions shall, within 05 years from the effective date of this Law, complete the conditions. livestock production meets the provisions of this Law.
This Law was passed by the 14th National Assembly of the Socialist Republic of Vietnam, 6th session, on November 19, 2018.
|
PRESIDENT OF CONGRESS Nguyen Thi Kim Ngan |
Source: GOVERNMENT ELECTRONIC INFORMATION PORTAL
