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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 13/2020/ND-CP |
Hanoi, January 21, 2020 |
DETAILED GUIDELINES ON LIVESTOCK LAW
Base Law on Government Organization June 19, 2015;
Base Law on Animal Husbandry November 19, 2018;
At the request of the Minister of Agriculture and Rural Development;
The Government issued a Decree providing detailed instructions Law on Animal Husbandry.
This Decree provides detailed instructions Clause 4 Article 14, Clause 3 Article 19, Clause 3 Article 38, Clause 4 Article 39, Clause 5 Article 41, Clause 8 Article 43, Clause 5 Article 45, Clause 2, Article 52, Clause 4, Article 53, Clause 4, Article 58, Clause 2, Article 62, Clause 2, Article 63, Clause 4, Article 64, Clause 3, Article 67, Clause 2, Article 68, Clause 5, Article 78 of the Law on Animal Husbandry.
Article 2. Subjects of application
This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals related to livestock production in the territory of Vietnam.
Article 3. Explanation of terms
In this Decree, the following terms are understood as follows:
1. The main substances in complete mixed feed and concentrated feed are crude protein and total lysine; in complete compound food for pet animals is total protein; In other animal feed, animal feed ingredients are substances that determine the use and nature of the product, announced by the manufacturer in the accompanying technical documents or on the product label.
2. Safety criteria are criteria that stipulate the maximum allowable limit in animal feed so as not to negatively affect animals, humans and the environment. Safety criteria in animal feed include: toxins, harmful microorganisms, heavy metals and other criteria specified in corresponding national technical regulations and relevant legal regulations.
3. Livestock facility is a place where animals are raised and reproduced. Livestock facilities include: Large-scale, medium-scale, and small-scale livestock farms; household farming.
4. Animal feed production facility is a facility that carries out one or all of the animal feed processing and processing activities.
5. Livestock unit coefficient is a constant applied to directly convert the number of livestock and poultry to livestock units.
6. Loudspeakers are sound devices to attract swiftlets, placed outside the bird's entrance and exit doors.
7. Bird's nest house is a new construction or renovation to raise bird's nest.
8. Artificial breeding of swiftlets is the activity of artificially hatching and nurturing swiftlets.
9. Bird's nest products are bird's nests, breeding eggs, and bird breeds.
10. Livestock waste treatment products are products with physical, chemical and biological properties used to treat livestock waste. Supplement
Article 4. General regulations on implementation of administrative procedures in this Decree
1. Submitting documents to carry out administrative procedures: Depending on the conditions for receiving and returning results of the agency handling administrative procedures, organizations and individuals submit 01 application directly or via postal service or through the network environment (national single window mechanism, online public services, electronic software, email, fax).
Rules for submitting applications are as follows:
a) In case of submitting the application directly or via postal service: The application components must be the original or certified copy or uncertified copy with the original for comparison;
b) In case of submitting the application via the internet environment: The application components must be scanned and taken from the original.
2. Time to respond to the completeness of documents for carrying out administrative procedures:
a) In case of direct application: At the time of receiving the application, the agency handling administrative procedures checks the composition of the application and receives the complete application; In case the dossier is incomplete, return it to the organization or individual to supplement and complete the dossier;
b) In case of submitting documents via postal service or online environment: Within 03 working days from the date of receiving the documents, the agency handling administrative procedures will review the completeness; In case the dossier is not complete as prescribed, the agency handling administrative procedures shall notify the organization or individual to supplement and complete the dossier.
3. How to pay fees and charges for carrying out administrative procedures: Organizations and individuals carrying out administrative procedures pay fees and charges according to current regulations directly at the agency handling administrative procedures or in writing. form of bank transfer or through other services as prescribed by law.
4. How to return the results of administrative procedures: The agency handling administrative procedures shall return the results of administrative procedures directly at the place of receipt of documents or via postal service or through the environment. network.
5. In case this Decree has provisions different from the provisions in Clauses 1, 2, 3 and 4 of this Article, those provisions shall comply.
6. In case the dossier is in foreign language, there must be a certified Vietnamese translation.
7. Organizations and individuals are responsible for the legality of submitted documents. Additional
Article 5. Regulations on collection, conservation, exploitation and development of genetic resources of livestock breeds
1. Investigation and collection of genetic resources of livestock breeds are regulated as follows:
a) The Ministry of Agriculture and Rural Development presides over and coordinates with the Ministry of Natural Resources and Environment, the Ministry of Science and Technology and relevant ministries and branches to organize investigation, survey, collection and storage New genetic resources for livestock breeds have been discovered;
b) The Ministry of Agriculture and Rural Development establishes a Council for initial appraisal and assessment of genetic resources, genetic nature, and biological characteristics of new livestock breed genetic resources;
c) When discovering new genetic resources of livestock breeds, organizations and individuals are not allowed to slaughter, buy, sell or destroy. Provincial People's Committees where new livestock genetic resources are discovered are responsible for implementing measures to preserve and protect new livestock genetic resources and report to the Ministry of Agriculture and Rural Development;
d) Organizations and individuals are not allowed to export, research or use with foreign organizations and individuals new livestock breed genetic resources before being appraised and evaluated by the Ministry of Agriculture and Rural Development. price.
2. The conservation of genetic resources of livestock breeds is regulated as follows:
a) Activities to conserve genetic resources of livestock breeds comply with the provisions of law on biodiversity;
b) Based on the appraisal results, the Ministry of Agriculture and Rural Development selects livestock genetic resources that are different from existing livestock genetic resources for conservation, inclusion in the national gene fund program, and research. research, use in selecting, creating, breeding and updating the National database on livestock genetic resources;
c) Every year, the Ministry of Agriculture and Rural Development makes plans to conserve livestock genetic resources.
3. The exploitation and development of livestock genetic resources is regulated as follows:
a) When there is production and market demand, livestock genetic resources are exploited and developed;
b) Livestock genetic resources that are exploited and developed will be removed from the list of protected livestock genetic resources;
c) The Ministry of Agriculture and Rural Development presides over and coordinates with competent agencies to appraise and approve the exploitation and development of livestock genetic resources;
d) Organizations and individuals cooperating in research and accessing genetic resources of livestock breeds shall comply with the provisions of Decree No. 59/2017/ND-CP May 12, 2017 of the Government on managing access to genetic resources and sharing benefits from their use gen.Supplement
Article 6. List of livestock breeds needing conservation
1. Livestock breeds included in the List of livestock breeds needing conservation must meet one of the following criteria:
a) There are a small number of individuals or blood groups, leading to a high risk of inbreeding;
b) The number of individuals has decreased by at least 50% as observed or estimated in the most recent 05 years up to the time of assessment or is forecast to decrease by at least 50% in the next 05 years.
2. The list of livestock breeds that need to be preserved is specified in Appendix II issued together with this Decree.
3. Updating the List of livestock breeds in need of conservation according to the provisions in Article 8 of this Decree.
Article 7. List of livestock breeds banned from export
1. Livestock breeds included in the List of livestock breeds banned from export must meet the following criteria:
a) Indigenous livestock breeds carrying precious and rare genetic resources;
b) It is unique and endemic to Vietnam.
2. The list of livestock breeds banned from export is specified in Appendix III issued together with this Decree.
3. Updating the List of livestock breeds banned from export according to regulations in Article 8 of this Decree.
Article 8. Update the List of livestock breeds in need of conservation and the List of livestock breeds banned from export
1. Every year, the Ministry of Agriculture and Rural Development reviews and prepares documents to update the List of livestock breeds in need of conservation and the List of livestock breeds banned from export.
2. Document components include:
a) Results of review and assessment of the List of livestock breeds in need of conservation and the List of livestock breeds banned from export;
b) Application by organization or individual requesting livestock breeds to be included or removed from the List of livestock breeds in need of conservation and the List of livestock breeds banned from export (if any);
c) Information sheet on breed names and distribution locations of livestock breeds that need to be included or removed from the List of livestock breeds in need of conservation and the List of livestock breeds banned from export;
d) Explanation of the necessity of inclusion or removal from the List of livestock breeds in need of conservation and the List of livestock breeds banned from export.
3. The Minister of Agriculture and Rural Development establishes a Council to appraise documents to update the List of livestock breeds in need of conservation and the List of livestock breeds banned from export, including the following components:
a) Ministry of Agriculture and Rural Development: Department of Livestock Production and related units;
b) Representative of the Ministry of Natural Resources and Environment;
c) Representative of the Ministry of Science and Technology;
d) Expert in the field of livestock breeds.
4. The Ministry of Agriculture and Rural Development, based on the appraisal results, submits to the Government for consideration and decision on amending and supplementing the List of livestock breeds in need of conservation and the List of livestock breeds banned from export according to the process. order, shortened procedure.
Article 9. Conditions for animal feed production
1. Point c, Clause 1, Article 38 of the Law on Animal Husbandry is detailed as follows:
Production lines and equipment in contact with animal feed must be made of materials that are easy to clean, do not cause cross-contamination, and do not transfer toxic substances from equipment to animal feed; The animal feed storage area must be ventilated, have enough light to observe with the naked eye, and have moisture-proof solutions to not affect product quality; Microbial biomass production facilities must have equipment to create an environment, store and cultivate microorganisms.
2. Point dd, Clause 1, Article 38 of the Law on Animal Husbandry is detailed as follows:
Animal feed production facilities must have measures to control impurities (sand, metal, dust) that contaminate the product; Take measures to control, prevent and prevent animals from entering production areas and product storage areas; take measures to prevent and control termites; take measures to collect and treat waste to avoid product contamination and ensure environmental hygiene; Take protective and hygienic measures for workers and visitors to the area production.Supplement
Article 10. Issuance, re-issuance, and revocation of Certificates of eligibility to produce commercial animal feed and animal feed according to orders
1. The competent authority to issue, re-issue and revoke the Certificate of eligibility to produce commercial animal feed and animal feed to order is prescribed as follows:
a) The Department of Livestock Issues, reissues, and revokes Certificates of eligibility for animal feed production for establishments producing supplementary feed; facilities that simultaneously produce supplementary feed and other animal feed; establishments producing animal feed for export at the request of the importing party;
b) The Department of Agriculture and Rural Development issues, re-issues, and revokes Certificates of eligibility for animal feed production for animal feed production facilities in the area, except for the cases specified in point 1. a this clause.
2. Application dossier for issuance of Certificate of eligibility for animal feed production includes:
a) Application for issuance of Certificate of eligibility for animal feed production according to Form No. 01.TACN, Appendix I issued with this Decree;
b) Explanation of production conditions Form No. 02.TACN, Appendix I issued with this Decree;
c) Quality control procedures followed by the manufacturing facility Form No. 03.TACN, Appendix I issued with this Decree;
d) Summary of animal feed production process for traditional feed production facilities and single ingredients.
3. The order and procedures for issuance of Certificate of eligibility for production of commercial animal feed and animal feed according to orders are prescribed as follows:
a) Organizations and individuals send documents specified in Clause 2 of this Article to the competent authority specified in Clause 1 of this Article;
b) For establishments producing complete mixed feeds, concentrated feeds, and supplementary feeds:
Within 10 working days from the date of receiving the complete dossier, the competent authority will evaluate the dossier content.
In case the dossier does not meet the requirements, the competent authority requests the organization or individual to supplement and complete the dossier.
In case the dossier meets the requirements, within 20 working days, the competent authority shall establish a team to assess the actual conditions of the animal feed production facility according to the content specified in Clause 1 of this Article. Clause 2, Article 11 of this Decree and make a Minute accordingly Form No. 05.TACN Appendix I issued with this Decree.
In case the facility does not meet the conditions, within 06 months from the date of making the assessment record, the organization or individual must correct and send a written report on the results of the correction to the competent authority for approval. Appraise and reassess actual conditions (if necessary).
In case the facility meets the conditions, within 05 working days from the date of completion of assessment of actual conditions, the competent agency shall issue a Certificate of eligibility for animal feed production according to Form No. 06.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
c) For establishments producing (producing, pre-processing, processing) traditional animal feed for commercial purposes, according to orders:
Within 10 working days from the date of receipt of the complete dossier, the competent authority will evaluate the dossier content; In case the application meets the requirements, the competent authority shall issue a Certificate of eligibility for animal feed production Form No. 06.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be provided clearly stating the reason;
d) In case the importing country requires an assessment of actual conditions to issue a Certificate of eligibility for animal feed production, the competent authority shall comply with the provisions in Point b of this Clause.
4. Dossier to request re-issuance of Certificate of eligibility for animal feed production includes:
a) Application for re-issuance of Certificate of eligibility for animal feed production according to Form No. 01.TACN, Appendix I issued with this Decree;
b) Documents proving the changed content in case of changing information related to organizations and individuals (name of facility, name of production facility address, headquarters address) in the Certificate.
5. The order and procedures for reissuing the Certificate of eligibility for animal feed production are prescribed as follows:
a) Organizations and individuals send documents specified in Clause 4 of this Article to the competent authority specified in Clause 1 of this Article;
b) Within 05 working days from the date of receipt of complete and valid documents, the competent authority will re-issue the Certificate of eligibility for animal feed production according to Form No. 06.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
6. In case a facility has been granted a Certificate of eligibility for animal feed production and changes the location of the production facility, the organization or individual must carry out the procedures as prescribed in Clause 3 of this Article.
7. Revocation of Certificate of eligibility for animal feed production:
Competent agencies specified in Clause 1 of this Article handle administrative violations, issue decisions to revoke the Certificate of eligibility for animal feed production and announce on mass media in schools. the following:
a) Establishments falling into the cases specified in Points a and c, Clause 3, Article 39 of the Law on Animal Husbandry;
b) The establishment no longer meets the conditions specified in Clause 1, Article 38 of the Law on Animal Husbandry and Article 9 of this Decree but not remedied within the time limit committed to the competent authority.
8. Production facilities (production, preliminary processing, processing) of traditional animal feed for commercial purposes in households and business households are not required to issue a Certificate of eligibility for animal feed production .
9. Costs for assessment activities to issue and re-issue Certificates of eligibility for animal feed production, assessment and supervision of maintenance of animal feed production conditions registered by organizations and individuals pay according to the provisions of law on fees and charges.
Article 11. Assessment of actual conditions for animal feed production
1. Assessment of actual conditions for animal feed production includes:
a) Evaluate conditions for issuance of Certificate of eligibility for animal feed production;
b) Evaluate and monitor maintenance of animal feed production conditions.
2. Contents of assessment of animal feed production conditions are specified in Form No. 04.TACN Appendix I issued with this Decree.
3. Competent state agencies specified in Clause 1, Article 10 of this Decree establishes a team to assess the actual conditions of animal feed production facilities. The assessment team includes a team leader and members who meet the following requirements:
a) For assessment team leader: Be a leader at department level or higher or a civil servant with at least 05 years of experience in state management of animal feed;
b) For members: At least 01 member has been trained on assessing actual conditions of animal feed production organized by the Department of Livestock Production; There is at least 01 member with a university degree or higher in the field of animal husbandry.
4. Assessing the actual conditions of an animal feed production facility is observing the site of the facility; Review and look up documents and records; other related activities.
5. Frequency of assessment and monitoring to maintain animal feed production conditions is prescribed as follows:
a) The frequency of assessment and monitoring to maintain animal feed production conditions is every 24 months. For the facilities specified in Point c, Clause 3, Article 10 of this Decree, carry out the first assessment and supervision within 12 months from the date of issuance of the Certificate of eligibility for animal feed production;
b) In case the animal feed production facility has been granted a certificate of Quality Management System (ISO), Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP) or If the equivalent certificate is obtained, monitoring and evaluation will be performed every 36 months;
c) In case a facility is discovered to have signs of violating the law on animal feed, the competent authority shall conduct inspection, assessment and supervision. Unscheduled.Additional
Article 12. Animal feed containing antibiotics
1. Criteria for certain types of livestock in the young stage to use animal feed containing antibiotics to prevent diseases are specified as follows:
a) Piglets weighing up to 25 kg or from birth to 60 days old;
b) Chickens, ducks, geese, quails from 01 to 21 days old;
c) Rabbits from birth to 30 days old;
d) Calves from birth to 6 months old.
2. Antibiotics may only be used in the production of complete mixed feed for livestock and poultry and concentrate feed for grass-fed animals.
3. The use of antibiotics in disease prevention for livestock is regulated as follows:
a) Veterinary drugs containing antibiotics belonging to the group of antibiotics that are particularly important in human medical treatment as recommended by the World Health Organization (WHO) have been licensed for circulation for the purpose of disease prevention in livestock. allowed for circulation and use until December 31, 2020;
b) Veterinary drugs containing antibiotics belonging to the group of antibiotics that are very important in human medical treatment according to recommendations of the World Health Organization (WHO) have been licensed for circulation for the purpose of disease prevention in domesticated animals. Permitted for circulation and use until December 31, 2021;
c) Veterinary drugs containing antibiotics belonging to the group of important antibiotics in human medical treatment as recommended by the World Health Organization (WHO) have been licensed for circulation for the purpose of disease prevention in permitted livestock. circulation and use until December 31, 2022;
d) Veterinary drugs containing antibiotics other than those specified in Points a, b and c of this Clause that have been licensed for circulation for the purpose of disease prevention in livestock are allowed to be circulated and used until December 31. 2025.
4. The Ministry of Agriculture and Rural Development publishes the list of antibiotics specified in Points a, b and c, Clause 3 of this Article.
Article 13. Import of animal feed whose information has not been published on the electronic information portal of the Ministry of Agriculture and Rural Development
1. Licensing agency:
The Department of Livestock Production is the licensing agency for importing animal feed whose information has not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for introduction at fairs, exhibitions, adaptive farming, and research. research, testing, making samples for analysis at the laboratory or for production and processing for export purposes.
2. Documents for importing animal feed for introduction at fairs and exhibitions include:
a) Application to import animal feed for introduction at fairs and exhibitions Form No. 07.TACN, Appendix I issued with this Decree;
b) Document proving the organization and participation in fairs and exhibitions in Vietnam.
3. Documents for importing animal feed for adaptive farming include:
a) Application to import animal feed for adaptive farming Form No. 07.TACN, Appendix I issued with this Decree;
b) A declaration from the registration facility about the subjects, number of adapted livestock, farming time, farming location and farming purpose.
4. Documents for importing animal feed for research and testing include:
a) Application to import animal feed for research or testing purposes Form No. 07.TACN, Appendix I issued with this Decree;
b) Outline of research or testing Form 08.TACN Appendix I issued with this Decree.
5. Documents for importing animal feed for analysis at the laboratory include:
a) Application to import animal feed for analysis at the following laboratory Form No. 07.TACN, Appendix I issued with this Decree;
b) Written agreement to use analytical services between a testing laboratory or domestic enterprise on one side and a testing laboratory or enterprise or animal feed management agency of the exporting country on the other side, in There is a commitment that the imported product sample is not used for commercial activities.
6. Documents for importing animal feed for production and processing for export purposes include:
a) Application to import animal feed for production and processing for export purposes Form No. 07.TACN, Appendix I issued with this Decree;
b) Contract for production and processing of animal feed for export purposes in accordance with the provisions of Vietnamese law on import of goods for production and processing for export purposes.
7. The order and procedures for granting licenses to import animal feed whose information has not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development are prescribed as follows:
a) Organizations and individuals submit documents for import purposes specified in Clauses 2, 3, 4, 5 or 6 of this Article to the Department of Livestock Production.
b) Within 15 working days from the date of receipt of complete and valid documents, the Department of Livestock Production shall issue a license to import animal feed according to Form No. 09.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
Article 14. Evaluation to recognize the testing method of the exporting country's testing laboratory
1. The animal feed testing method of the exporting country's testing laboratory is recognized by the Department of Livestock Production when it meets the following conditions:
a) The quality management system is recognized by a national or international accreditation organization as conforming to the international standard ISO/IEC 17025 or designated by a competent state agency in the exporting country, recognition, including the scope of recognition as animal feed or food;
b) Have machinery, equipment and tools in accordance with testing methods and international standards ISO/IEC 17025;
c) Have a method for testing animal feed that is evaluated and confirmed for use.
2. Organizations and individuals importing animal feed that wish to acknowledge the animal feed testing method of the testing laboratory of the exporting country must submit a registration application to the Department of Livestock Production. Records include:
a) Application for recognition of animal feed testing methods of the exporting country's testing laboratory Form No. 10.TACN, Appendix I issued with this Decree;
b) Certificate of testing laboratory of the exporting country recognized for its quality management system in accordance with international standards ISO/IEC 17025 or document of designation or recognition by the competent authority of the exporting country ;
c) List of testing machinery and equipment suitable for testing methods including the following information: Name of machinery and equipment; time of putting into use and time of inspection and calibration, accompanied by a valid certificate of inspection and calibration provided by the testing laboratory of the exporting country;
d) Testing procedures and documents for appraisal and confirmation of validity of testing methods on animal feed samples provided by the testing laboratory of the exporting country;
d) Results of proficiency testing or interlaboratory comparison (if any) provided by the testing laboratory of the exporting country.
3. The order for recognition of animal feed testing methods by the testing laboratory of the exporting country is prescribed as follows:
Within 30 days from the date of receiving the complete dossier, the Department of Livestock Evaluation will evaluate the dossier and organize a practical assessment at the testing laboratory (if necessary). In case the appraisal and assessment results meet the requirements, the Department of Livestock Production shall issue a decision to recognize the animal feed testing method of the exporting country's testing laboratory; In case of refusal, a written response must be made clearly stating the reason.
The recognition decision is valid for a maximum of 3 years.
4. The composition of the actual assessment team at the testing laboratory includes: Department of Livestock Production, relevant units and technical experts. Supplement
Article 15. Evaluation to recognize the testing and recognition process of animal feed of the exporting country
1. Organizations and individuals importing animal feed are subject to testing according to the provisions in Clause 2, Article 37 of the Law on Livestock, if there is a need to recognize the testing and recognition process of animal feed of the exporting country, submit 01 set of documents to the Department of Livestock. Records include:
a) Application for recognition of the testing process and recognition of animal feed of the exporting country Form No. 11.TACN, Appendix I issued with this Decree;
b) A description of the capacity of the animal feed testing facility as prescribed in Clause 3, Article 37 of the Law on Animal Husbandry is provided by the testing facility of the exporting country;
c) Animal feed testing process according to the content specified in Form 08.TACN Appendix I issued with this Decree is provided by the testing facility of the exporting country;
d) Report on animal feed testing results according to the contents of the testing process and other relevant technical documents provided by the testing facility of the exporting country.
2. The order for recognition of the testing process and recognition of animal feed of the exporting country is prescribed as follows:
Within 30 days from the date of receiving the complete dossier, the Department of Livestock Evaluation will appraise the dossier and organize an assessment in the exporting country (if necessary). In case the appraisal and assessment results meet the requirements, the Department of Livestock Production shall issue a decision to recognize the testing process and recognition of animal feed of the exporting country; In case of refusal, a written response must be made clearly stating the reason.
3. The assessment team includes: Department of Livestock, relevant units and technical experts. Supplement
Article 16. Inspection in the country exporting animal feed
1. When detecting risks affecting quality, food safety, and disease safety for animal feed imported into Vietnam, the Department of Livestock Production coordinates with relevant units to establish an inspection team. in the exporting country.
2. Inspection content: Relevant legal documents, enforcement organization system, animal feed production conditions, testing laboratory.
3. Based on the inspection results, the Department of Livestock Issues a decision on measures to handle inspection results for each specific case.
Article 17. State inspection of the quality of animal feed produced and circulated domestically
1. Inspection agency:
a) Department of Livestock Inspection nationwide;
b) Department of Agriculture and Rural Development inspects in the area.
2. Inspection content:
a) State inspection of the quality of commercial animal feed produced and circulated domestically: Follow the content specified in Clause 2, Article 43 of the Law on Animal Husbandry;
b) State inspection of the quality of recalled or returned animal feed: Check the conformity of the criteria announced in the applicable announced standards, the safety criteria specified in the technical regulations respective national specifications and other relevant regulations. In case the test results are inconsistent, organizations and individuals must handle animal feed according to the provisions in Article 20 of this Decree.
Article 18. State inspection of imported animal feed quality
1. Inspection agency: Ministry of Agriculture and Rural Development.
2. Inspection measures are prescribed as follows:
a) For traditional animal feed and complete mixed feed: State quality inspection is based on the results of self-assessment of conformity by organizations and individuals or the certification results of certification organizations. Registered certification or certification results of a designated certification organization certifying conformity to animal feed sector according to the provisions of law.
In cases where traditional animal feed or complete mixed feed is found to be of poor quality during circulation on the market, causing unsafety to humans, animals, or the environment, or when there are complaints , denunciation about quality or production activities, the state inspection of quality is based on the certification results of the certification organization designated to certify conformity in the field of animal feed. The inspection agency is responsible for recording inspection measures in the Registration Certificate for inspection and confirmation of imported animal feed quality for traditional animal feed and complete mixed feed in this case;
b) For animal feed products other than the cases specified in Point a of this Clause: State quality inspection based on certification results of a certification organization designated to certify conformity in the feed sector. feed livestock;
c) For imported animal feed shipments whose quality and safety criteria have been tested at the exporting country's testing laboratory to meet the regulations in Clause 1, Article 14 of this Decree recognizes the test results of that indicator when state inspecting the quality of imported animal feed.
3. Registration dossier for state inspection of imported animal feed quality includes:
a) Registration certificate for inspection and confirmation of quality of imported animal feed Form No. 12.TACN, Appendix I issued with this Decree;
b) Sales contract; Packing list; sales invoice (Invoice); Certificate of Analysis results issued by the exporting country for the shipment; product label of the manufacturing facility; published standards applicable by importing organizations and individuals;
c) Certificate of free circulation or equivalent document issued by the competent authority of the country of origin for single ingredients and traditional foods;
d) One of the following documents: Certificate of Quality Management System (ISO), Certificate of Good Manufacturing Practices (GMP), Certificate of Hazard Analysis and Critical Control Points (HACCP) or equivalent certificate of the manufacturing facility for single raw materials.
Documents specified in Points b, c and d of this Clause in English do not have to be accompanied by a Vietnamese translation.
4. Procedures for state inspection of imported animal feed quality comply with the provisions of Decree No 74/2018/ND-CP May 15, 2018 of the Government amending and supplementing a number of articles of Decree No. 132/2008/ND-CP December 31, 2008 of the Government detailing the implementation of a number of articles Law on Product and Goods Quality (hereinafter referred to as Decree No. 74/2018/ND-CP); Decree No 154/2018/ND-CP November 9, 2018 of the Government amending, supplementing and abolishing a number of regulations on investment and business conditions in the field of state management of the Ministry of Science and Technology and a number of regulations on inspection. specialized investigation (hereinafter referred to as Decree No. 154/2018/ND-CP).
5. Exemption from state inspection of imported animal feed quality is stipulated as follows:
a) Exemption from state inspection of imported animal feed quality shall comply with the provisions in Clause 3, Article 1, Decree No. 74/2018/ND-CP and Clause 3, Article 4, Decree No. 154/2018/ND-CP.
The exemption period for state inspection of imported animal feed quality is 01 year;
b) During the inspection exemption period, organizations and individuals can update information about imported animal feed batches on the National Single Window Portal of the Ministry of Agriculture and Rural Development before carrying out procedures. clearance.
The self-updated information dossier includes the dossier components specified in Clause 3 of this Article and a document certifying that the product is eligible for exemption from state inspection of imported animal feed quality by the inspection agency. check.
Immediately after completing the update of information on imported animal feed shipments, organizations and individuals can carry out customs clearance procedures for the shipment and take responsibility for documents and product quality;
c) Evaluation and supervision of batches of animal feed exempted from state quality inspection shall be carried out according to the provisions in Clause 3, Article 1, Decree No. 74/2018/ND-CP and Clause 3, Article 4, Decree No. 154/2018/ND-CP Supplement.
Article 19. Handling of test results on animal feed quality
1. Animal feed quality testing results are the product sample testing results of the designated testing laboratory after calculating the test result fluctuations specified in Appendix IV issued together with this Decree.
2. Testing of animal feed samples for state management must be done before the product batch sampled for testing expires.
3. Sequence and procedures for handling test results of poor quality animal feed:
a) Within 03 working days from the date of receiving the test results, the inspection agency shall notify organizations and individuals of the test results via postal service or via the internet environment;
b) Within 07 working days from the date of receipt of the notice, if the organization or individual does not complain about the test results, the inspection agency will handle violations according to the provisions of law.
4. Resolving complaints about testing results on animal feed quality:
a) In case of disagreement with the test results, organizations and individuals have the right to complain in writing to the inspection agency.
The inspection agency uses stored samples or retakes samples (when necessary) to test the complained parameter at a designated testing laboratory different from the first testing laboratory. This test result is the basis for drawing the final conclusion;
b) In case an organization or individual complains about the test results performed by the only designated testing laboratory in Vietnam, the inspection agency can send samples to an established testing laboratory abroad. internationally, regionally recognized or recognized by the Department of Livestock Production. This test result is the basis for drawing the final conclusion;
c) In case the batch of goods whose test results are complained of has expired, the first test results are the basis for making the final conclusion;
d) Costs for resolving complaints about test results are paid by organizations and individuals according to the provisions of law.
Article 20. Handling of animal feed that violates quality
1. Animal feed that violates quality shall be handled by one or more of the following measures:
a) Forced re-export: Organizations and individuals whose quality animal feed is subject to re-export measures must carry out re-export procedures according to the provisions of customs law and other provisions of law. relevant laws and submit re-export documents to the state inspection agency for animal feed quality;
b) Forced destruction: Organizations and individuals whose quality animal feed is subject to destruction measures must sign a contract with the organization or individual with the function of destroying the violating goods. The contract content must clearly state the destruction method for monitoring by the state inspection agency on animal feed quality;
c) Forced recycling: Organizations and individuals whose animal feed violates the quality and are subject to recycling measures must recycle the product according to a plan in accordance with the provisions of law, ensuring the product After recycling, the quality is consistent with the applicable published quality standards and corresponding national technical regulations; Report recycling plans and results to the state inspection agency on animal feed quality for supervision when necessary;
d) Forced change of use: Organizations and individuals whose animal feed violates quality and are subject to change of use must change the product's use according to a plan consistent with regulations. provisions of law; Report the plan and results of conversion of use to the state inspection agency on animal feed quality for supervision when necessary;
d) Forced correction of information: Organizations and individuals whose animal feed violates quality and are subject to information correction measures must correct product information according to actual inspection results on the label or accompanying documents before placing the product on the market or before use.
2. Supervising the destruction of animal feed that violates quality is regulated as follows:
a) The Department of Agriculture and Rural Development shall supervise the destruction of animal feed that violates quality in the area, prepare a supervision record according to the provisions of Point b of this Clause according to its authority and supervision. when requested by the inspection agency under the Ministry of Agriculture and Rural Development;
b) The record of supervision of destruction of animal feed that violates quality must contain the following information: Legal basis and reason; time, place; participants; product name, type, source, origin, quantity, current status; destruction measures and other necessary contents.
The destruction supervision record must be confirmed by representatives of the parties participating in the supervision and the organizations and individuals whose products are destroyed.
3. Organizations and individuals whose quality animal feed is subject to the handling measures specified in Clause 1 of this Article must bear all costs related to the handling.
4. In case of ownerless animal feed, the Provincial People's Committee organizes the handling and arranges funds for handling.
Article 21. Scale of livestock production
1. Principles for determining livestock scale are prescribed as follows:
a) The scale of livestock and poultry farming is determined by the number of livestock units at the livestock facility at the same time;
b) The scale of raising other types of livestock is determined by the number of livestock at the livestock facility at the same time;
c) In case of a mixed livestock facility including cattle, poultry and other livestock, the livestock scale includes the total number of livestock units of livestock and poultry, the number of each type of other livestock.
2. The scale of livestock and poultry farming is regulated as follows:
a) Large-scale livestock farming: From 300 livestock units or more;
b) Medium-scale livestock farming: From 30 to less than 300 livestock units;
c) Small-scale livestock farming: From 10 to less than 30 livestock units;
d) Farming households: Less than 10 livestock units.
3. Management of livestock scale is regulated as follows:
a) Large-scale livestock farming is managed according to regulations in Article 23 and Article 24 of this Decree;
b) Medium-scale and small-scale livestock farming must meet the conditions specified in Clause 1, Article 55 and Clause 2, Article 57 of the Law on Animal Husbandry.
In case of violation, medium-sized or small-scale livestock farms must commit to correcting and ensuring livestock conditions within 06 months from the date of discovery of the violation and send a report on the results of the correction. submit to the Department of Agriculture and Rural Development in the area. The Department of Agriculture and Rural Development conducts actual inspection of remediation results in case of necessity.
The Department of Agriculture and Rural Development is responsible for inspecting livestock conditions of medium- and small-scale livestock farms. Inspection frequency is every 3 years;
c) Farming households must meet the requirements specified in Article 56, Clause 2, Article 57 of the Law on Animal Husbandry.
4. Livestock unit coefficient is specified as follows:
a) The livestock unit coefficient is used as a basis for converting the number of livestock to livestock units;
b) Livestock unit coefficient, formula for converting the number of livestock to livestock units specified in Appendix V issued together with this Decree.
5. In case it is necessary to amend or supplement the livestock scale or livestock unit coefficient, the Ministry of Agriculture and Rural Development shall submit it to the Government for consideration and decision on the amendment and supplement according to the order and procedures. Compact.
Article 22. Livestock density for regions
1. The agricultural land area as a basis for determining livestock density includes the total area of all types of agricultural land according to the provisions of land law.
2. Provinces and centrally run cities are defined into the following regions to determine livestock density:
a) The Red River Delta region includes provinces and cities: Hanoi, Vinh Phuc, Bac Ninh, Quang Ninh, Hai Duong, Hai Phong, Hung Yen, Thai Binh, Ha Nam, Nam Dinh, Ninh Binh;
b) The Northern midland and mountainous region includes the provinces: Ha Giang, Cao Bang, Bac Kan, Tuyen Quang, Lao Cai, Yen Bai, Thai Nguyen, Lang Son, Bac Giang, Phu Tho, Dien Bien, Lai Chau, Son La, Hoa Binh;
c) The North Central and Central Coast regions include provinces and cities: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan, Binh Thuan;
d) The Central Highlands region includes the provinces: Kon Tum, Gia Lai, Dak Lak, Dak Nong, Lam Dong;
d) The Southeast region includes provinces and cities: Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria - Vung Tau, Ho Chi Minh City;
e) The Mekong Delta region includes provinces and cities: Long An, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Dong Thap, An Giang, Kien Giang, Can Tho, Hau Giang, Soc Trang, Bac Lieu , Ca Mau.
3. Regional livestock density applicable to localities in each region is specified in Appendix VI issued together with this Decree.
4. Based on the livestock development strategy, livestock technology and ecological environment, the Provincial People's Committee decides the local livestock density but does not exceed the regional livestock density specified in Clause 3. This.
5. In case it is necessary to amend or supplement the livestock density of regions, the Ministry of Agriculture and Rural Development submits it to the Government for consideration and decision on amendments and supplements according to shortened order and procedures.
Article 23. Issuance, re-issuance, and revocation of Certificates of eligibility for livestock production for large-scale livestock farming
1. The competent authority to issue, re-issue and revoke Certificates of eligibility for livestock production for large-scale livestock farming stipulates as follows:
a) The Department of Agriculture and Rural Development shall issue, re-issue, and revoke Certificates of eligibility for livestock production for large-scale livestock farms in the locality;
b) In case a large-scale farm livestock facility is located in two or more provinces, the Department of Agriculture and Rural Development where the organization or individual registered the investment procedures shall issue, re-issue, revoke the Certificate of eligibility for livestock farming for large-scale livestock farming.
2. Dossier to apply for a Certificate of eligibility for livestock production for large-scale livestock farming includes:
a) Application for issuance of Certificate of eligibility for livestock farming for large-scale livestock farming according to Form No. 01.DKCN Appendix I issued with this Decree;
b) Explanation of breeding conditions according to Form No. 02.DKCN Appendix I issued with this Decree.
3. The order and procedures for issuance of Certificate of eligibility for livestock farming for large-scale livestock farming are prescribed as follows:
a) Organizations and individuals send documents specified in Clause 2 of this Article to the competent authority specified in Clause 1 of this Article;
b) Within 10 working days from the date of receiving the complete dossier, the competent authority will evaluate the dossier content.
In case the dossier does not meet the requirements, the competent authority requests the organization or individual to supplement and complete the dossier.
If the application meets the requirements, within 20 working days, the competent authority will establish a team to assess the actual conditions of the livestock facility according to the provisions of Clause 1 of this Article. Article 24 of this Decree.
In case the facility does not meet the conditions, within 06 months from the date of making the assessment record, the organization or individual must correct and send a written report on the results of the correction to the competent authority for approval. Appraise and reassess actual conditions (if necessary).
In case the facility meets the conditions, within 05 working days from the date of completion of assessment of actual conditions, the competent agency shall issue a Certificate of eligibility for livestock production according to Form No. 05.DKCN Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
4. Dossier to request re-issuance of Certificate of eligibility for livestock production for large-scale livestock farming includes:
a) Application for re-issuance of Certificate of eligibility for livestock farming for large-scale livestock farming according to Form No. 01.DKCN Appendix I issued with this Decree;
b) Documents proving the changed content in case of changing information related to organizations and individuals in the Certificate;
c) Certificate of eligibility for livestock production has been issued, except in cases where the Certificate is lost.
5. The order and procedures for reissuing the Certificate of eligibility for livestock production for large-scale livestock farming are prescribed as follows:
a) Organizations and individuals send documents specified in Clause 4 of this Article to the competent authority specified in Clause 1 of this Article;
b) Within 05 working days from the date of receipt of complete and valid documents, the competent authority will re-issue the Certificate of eligibility for livestock farming for large-scale livestock farming according to Form No. 05.DKCN Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
6. The competent authority specified in Clause 1 of this Article shall handle administrative violations, issue a Decision to revoke the Certificate of eligibility for livestock production for large-scale farm livestock, and notify the Department of Livestock Production. farming and on mass media in the following cases:
a) Livestock facilities fall into the cases specified in Points a and c, Clause 3, Article 58 of the Law on Animal Husbandry;
b) The livestock facility no longer meets the conditions specified in Clause 1, Article 55 of the Law on Animal Husbandry but did not fix it within the time limit committed to the competent authority.
7. Funding for assessment activities to issue and re-issue Certificates of eligibility for livestock production, assessment and supervision of maintenance of livestock conditions for large-scale livestock farming shall comply with the provisions of law. Law on fees and charges.
Article 24. Assessment of livestock conditions on large-scale farms
1. Assessment content to issue a Certificate of eligibility for livestock farming for large-scale farm livestock facilities includes:
a) Evaluate the registration dossier;
b) Assess the actual conditions of the livestock facility to meet the regulations in Clause 1, Article 55 of the Law on Animal Husbandry shall comply with the instructions specified in Form No. 03.DKCN, record the evaluation minutes accordingly Form No. 04.DKCN Appendix I issued with this Decree.
2. Competent authority specified in Clause 1, Article 23 of this Decree establishes a team to assess the actual conditions of large-scale livestock farms. Evaluation team members include:
a) The head of the assessment team is a leader at department level or higher or a civil servant with at least 5 years of experience in the field of animal husbandry;
b) Have at least 01 member trained in assessing the conditions of livestock facilities organized by the Department of Livestock Production;
c) There is at least 01 member with a university degree or higher in the field of animal husbandry.
3. Contents of assessment and monitoring of maintenance of livestock conditions for large-scale farm livestock facilities include:
a) Assess the maintenance of actual conditions of the livestock facility specified in Clause 1, Article 55 of the Law on Animal Husbandry;
b) Evaluate the implementation of obligations of the livestock facility specified in Clause 2, Article 57 of the Law on Animal Husbandry.
4. The frequency of assessment and monitoring to maintain livestock conditions for large-scale livestock farming is every 24 months.
In case a facility is discovered to have signs of violating animal husbandry conditions, the competent authority specified in Clause 5 of this Article shall conduct a monitoring assessment. Unscheduled.Additional
5. The Department of Agriculture and Rural Development evaluates and monitors the maintenance of livestock conditions for large-scale livestock farms in the area.
In case of necessity, the Department of Livestock Production shall preside over and coordinate with the Department of Agriculture and Rural Development to evaluate, monitor and maintain livestock conditions for large-scale farm livestock facilities in the locality.
Article 25. Management of bird nest farming
1. Regulations on bird's nest farming areas:
a) The swiftlet farming area is submitted to the Provincial People's Council for decision by the Provincial People's Committee;
b) The bird's nest farming area must ensure that it is suitable for the bird's behavior, suitable to the local socio-economic conditions and does not affect the lives of residents in the bird's nest farming area.
2. Regulations for bird nest raising facilities:
a) Bird's nest houses and equipment used for bird's nest farming activities must ensure appropriate behavior of bird's nests.
In case the bird's nest house has been operating before the effective date of this Decree but does not meet the regulations in Point a, Clause 1 of this Article, it must remain in its original state and cannot be expanded;
b) Have enough water sources to ensure quality for bird nest farming activities, and take measures to protect the environment according to the provisions of law on environmental protection;
c) Have records to record and store information on bird nest raising activities, preliminary processing and preservation of bird nests to ensure traceability of bird nest products;
d) Sound generating equipment to attract swiftlets with sound intensity measured at the mouth of the speaker does not exceed 70 dBA (decibel A); The time to play loudspeakers to attract swiftlets is from 5:00 a.m. to 11:30 a.m. and from 1:30 p.m. to 7:00 p.m. every day, except for the cases specified in Point dd of this Clause;
d) In case the bird's nest house was operating before the effective date of this Decree but does not meet the regulations in Point a, Clause 1 of this Article, the bird's nest house is located in a residential area, the bird's nest house is less than 300 m from the residential area. Do not use loudspeakers to play sound;
e) No hunting; Do not attract bird nests to use for purposes other than raising bird nests for bird nest exploitation and scientific research.
3. Organizations and individuals engaged in exploitation, preliminary processing and preservation of bird's nests must comply with the following requirements:
a) Issue and comply with technical procedures for exploitation, preliminary processing and preservation of bird's nests;
b) Areas, houses, and factories serving the preparation and preservation of bird's nests must be far away from sources of pollution and meet the requirements of hygiene, disease safety, and food safety;
c) Have appropriate prevention and treatment measures to ensure harmful organisms do not enter the bird's nest preparation and storage area;
d) Have a water source used in preliminary processing of bird's nests that meets domestic water standards;
d) After preliminary processing, bird's nest must meet the technical requirements specified in Appendix VII issued together with this Decree.
Article 26. Management of sika deer farming
1. Based on the scale of livestock production, the deer farming facility must meet the conditions specified in Clause 1, Clause 2, Article 55 or Article 56 of the Law on Animal Husbandry and the following requirements:
a) Farms must ensure that deer can live close to natural conditions;
b) Sika deer breeds must originate from a legal sika deer breeding facility;
c) Breeding facilities must have individual tracking records and pedigrees of sika deer.
2. Organizations and individuals exploiting and preserving deer antlers must comply with the following requirements:
a) Use measures to reduce pain for deer when performing the antler removal procedure;
b) Store deer antlers after cutting in conditions that ensure hygiene and food safety;
c) Record and store information about the exploitation and preservation of deer antlers to ensure traceability of product origin.
Article 27. List of other animals allowed to be raised
1. List of other animals allowed to be raised is specified in Appendix VIII issued together with this Decree.
2. The Ministry of Agriculture and Rural Development presides over and coordinates with the Ministry of Natural Resources and Environment to review, evaluate and submit to the Government for consideration and decision to amend and supplement the List of other allowed animals. periodic breeding every 03 years or upon written request of organizations or individuals according to shortened procedures and procedures.
IMPORT OF LIVESTOCK PRODUCTS AND LIVE ANIMALS
Article 28. Import of livestock products
1. Imported livestock products have high risks of disease safety and food safety including the following cases:
a) Livestock products of livestock species on the List of terrestrial animals and terrestrial animal products subject to risk analysis according to the provisions of Article 37 of the Veterinary Law;
b) Livestock products subject to risk analysis for food safety specified in Article 49 of the Food Safety Law;
c) Livestock products originating from livestock facilities, processing and preservation facilities suspected or found to be using substances banned from use in livestock production;
d) Livestock products are processed, packaged, and stored at facilities suspected or found to be contaminated by substances toxic to consumers' health;
d) Livestock products imported into Vietnam through intermediary countries.
2. The Ministry of Agriculture and Rural Development shall preside over and coordinate with relevant units to inspect facilities producing and supplying livestock products in the exporting country before importing in case of importing livestock products. farming in the cases specified in Clause 1 of this Article according to the provisions of Decree No 35/2016/ND-CP May 15, 2016 of the Government detailing a number of articles of Veterinary Law, Decree No 15/2018/ND-CP February 2, 2018 of the Government detailing the implementation of a number of articles of Food Safety Regulation.
Article 29. Regulations on import of live livestock
1. Live livestock imported for food must meet the following requirements:
a) Confirmed by the competent authority of the country of origin for use as food;
b) During the breeding process, do not use banned substances in livestock farming according to the provisions of Vietnamese law;
c) Meets regulations in Clause 1, Article 44 of the Veterinary Law.
2. Unless otherwise stipulated in an agreement between Vietnam and a foreign country, border gates receiving live livestock imported into Vietnam include:
a) Airports: Noi Bai, Da Nang, Tan Son Nhat.
b) Land border gates: Huu Nghi, Chi Ma (Lang Son), Ta Lung (Cao Bang), Thanh Thuy (Ha Giang), Ha Khau (Lao Cai), Mong Cai (Quang Ninh), Cau Treo (Ha Giang) Tinh), Lao Bao (Quang Tri), Moc Bai (Tay Ninh), Moc Hoa (Long An).
c) Seaports: Cai Lan (Quang Ninh), Hai Phong, Cua Lo (Nghe An), Da Nang, Quy Nhon (Binh Dinh), Cat Lai (Ho Chi Minh City), Cai Mep (Ba Ria – Vung Tau ).
Article 30. Regulations on livestock waste treatment products circulating on the market
1. Organizations and individuals producing and trading livestock waste treatment products must announce applicable standards according to the provisions of law on product and goods quality.
Technical specifications of livestock waste treatment products must be announced in the applicable standards specified in Appendix IX issued together with this Decree.
2. Organizations and individuals self-publish product information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development before putting the product into circulation on the market.
During the period of building and perfecting the database system used for self-publishing information about livestock waste treatment products, organizations and individuals must submit information about livestock waste treatment products. livestock to the Department of Livestock for synthesis and posting on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
3. Documents announcing information about domestically produced livestock waste treatment products include:
a) Information about the facility producing livestock waste treatment products (name, location, contact information);
b) Announced standards apply as prescribed in Clause 1 of this Article;
c) Product quality testing result sheet within 12 months up to the date of information announcement issued by a testing laboratory that has been granted a certificate of registration for testing activities;
d) Product label samples according to the provisions of law on product labels;
d) Testing results for livestock waste treatment products produced for the first time in Vietnam that contain new substances that have not yet been tested or records of evaluation and acceptance by the Scientific Council for products are The results of scientific research projects at ministerial and national levels have been recognized or permitted by competent authorities;
e) Patent protection certificate or commitment not to violate intellectual property regulations for products proposed for registration.
4. Documents announcing information about imported livestock waste treatment products include:
a) Information about the facility producing livestock waste treatment products (name, location, contact information);
b) Certificate of Free Sale or equivalent document issued by the competent authority of the country of origin;
c) Information sheet on ingredients, uses, and instructions for use of the product provided by the manufacturing organization or individual;
d) The published standard applicable to the importer's products is in Vietnamese;
d) Product packaging labels provided by manufacturing organizations and individuals; accompanied by additional labels in Vietnamese;
e) Test results card within 12 months up to the date of information announcement issued by a testing laboratory that has been granted a certificate of registration for testing activities;
g) Testing results for products imported into Vietnam for the first time containing new substances that have not been tested in Vietnam.
5. In case of changing information about livestock waste treatment products, organizations and individuals will update product information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
Article 31. Testing of livestock waste treatment products
1. 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; Except for livestock waste treatment products created from the results of recognized ministerial- and national-level science and technology tasks.
2. Organizations and individuals must conduct testing at testing facilities that meet the following requirements:
a) Have facilities and technical equipment that meet the testing requirements for each type of livestock waste treatment product;
b) 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;
c) Have or contract with a unit whose testing laboratory has been granted a certificate of registration for testing activities;
d) In case the facility tests microbial products used to treat livestock waste, it must have a refrigerator or deep freezer to store microorganisms to serve the testing.
a) Evaluation of product ingredients and quality according to applicable announced standards;
b) Evaluate safety for human health, pets and the environment during product use;
c) Evaluate the product's effectiveness in treating livestock waste.
4. The testing facility prepares a report on product testing results according to Form No. 01.MTCN Appendix I attached to this Decree.
5. Testing facilities must keep records of testing results for at least 3 years after the end of testing.
Article 32. Facilities producing livestock waste treatment products
Facilities manufacturing livestock waste treatment products must ensure the following requirements:
1. The production facility location is not located in an area contaminated by hazardous waste or toxic chemicals;
2. Have a factory with a solid structure, ensuring quality control and biosafety requirements; Storage areas for raw materials, materials, and finished products ensure no cross-contamination; have specialized warehouses or tools to preserve specific materials and products as recommended by the manufacturer or supplier;
3. Production lines and equipment in contact with raw materials and finished products must be made of materials that are easy to clean;
4. Have or contract with a testing laboratory to check quality during production;
5. Have equipment to collect and treat waste during the production process to ensure it does not pollute the environment in the production area;
6. Microbial biomass production facilities must have equipment to create an environment, store and cultivate microorganisms to ensure safety for people and the environment;
7. Have a product quality control system. Additional
Article 33. Effectiveness of implementation
1. This Decree takes effect from March 5, 2020.
2. This Decree replaces the following documents:
a) Decree no 39/2017/ND-CP April 4, 2017 of the Government on animal and aquaculture feed management;
b) Decree no 100/2017/ND-CP August 18, 2017 of the Government amending and supplementing a number of articles of Decree No. 39/2017/ND-CP ;
c) Clause 5, Article 1 and Article 3 of Decree No. 123/2018/ND-CP September 17, 2018 of the Government on amending and supplementing a number of Decrees regulating investment and business conditions in the agricultural sector;
d) Articles 9, 10 and 11 of Decree No. 66/2016/ND-CP July 1, 2016 of the Government regulating business investment conditions on plant protection and quarantine; type of tree; raising common forest animals; breed; Seafood; food.
3. This Decree annulls the following documents:
a) Decision no 78/2004/QD-BNN On December 31, 2004, the Minister of Agriculture and Rural Development promulgated the List of rare and precious livestock breeds banned from export;
b) Decision no 88/2005/QD-BNN On December 27, 2005, the Minister of Agriculture and Rural Development promulgated the List of rare livestock genetic resources in need of conservation;
c) Decision no 43/2006/QD-BNN June 1, 2006 of the Minister of Agriculture and Rural Development issued regulations on international exchange of rare livestock genetic resources;
d) Circular no 92/2007/TT-BNN dated November 19, 2007 of the Minister of Agriculture and Rural Development guiding the implementation of a number of articles in Decision No. 1405/QD-TTg October 16, 2007 of the Prime Minister on conditions for hatching poultry eggs and raising waterfowl;
d) Circular no 02/2011/TT-BNNPTNT January 21, 2011 of the Minister of Agriculture and Rural Development guiding state management tasks on livestock production;
e) Clause 1, Article 1, Circular No. 61/2011/TT-BNNPTNT September 12, 2011 of the Minister of Agriculture and Rural Development promulgating National Technical Regulations on animal feed;
g) Article 1, 2, 3, 4, 5 and 6 Circular No. 19/2011/TT-BNNPTNT April 6, 2011 of the Minister of Agriculture and Rural Development amending, supplementing and abolishing a number of regulations on administrative procedures in the field of livestock production according to Resolution No. 57/NQ-CP December 15, 2010;
h) Circular no 06/2012/TT-BNNPTNT On February 1, 2012, the Minister of Agriculture and Rural Development issued an additional list of rare livestock genetic resources that need to be preserved;
i) Circular No. 35/2013/TT-BNNPTNT dated July 1, 2013 of the Minister of Agriculture and Rural Development providing temporary regulations on management of bird nest farming;
k) Circular no 14/2014/TT-BNNPTNT April 28, 2014 of the Minister of Agriculture and Rural Development issued the List of high-yielding livestock breeds;
l) Circular no 20/2017/TT-BNNPTNT November 10, 2017 of the Minister of Agriculture and Rural Development guiding the implementation of Decree No. 39/2017/ND-CP April 4, 2017 of the Government on animal and aquaculture feed management;
m) Circular no 01/2018/TT-BNNPTNT On January 16, 2018, the Minister of Agriculture and Rural Development promulgated the List of livestock breeds produced and traded in Vietnam.
Article 34. Transitional regulations
1. The animal feed production facility has been granted a Certificate of conformity regarding conditions for animal feed production and processing facilities according to the provisions of Decree No. 39/2017/ND-CP April 4, 2017 of the Government on animal and aquaculture feed management (hereinafter referred to as Decree No. 39/2017/ND-CP) but expires from the effective date of this Decree. until December 31, 2020, production may continue for no more than 12 months from the date the Certificate of Conformity expires.
2. The animal feed production facility has been granted a Certificate of conformity regarding conditions for animal feed production and processing facilities according to the provisions of Decree No. 39/2017/ND-CP may continue production until the validity of the Certificate of Conformity expires, except for the cases specified in Clause 1 of this Article.
3. Animal feed production facilities that do not fall under the provisions of Clauses 1 and 2 of this Article may continue to produce and must register for a Certificate of eligibility for animal feed production within 12 months from the date of registration. from the effective date of this Decree.
4. Imported animal feed products have been applied with a reduced inspection regime for a limited period of time and exemption from quality inspection for a limited period of time according to the provisions of Decree No. 39/2017/ND-CP continue to be applied according to the effect stated on the written confirmation of reduced or exempted inspection.
5. Quality inspection of imported animal feed that does not have technical regulations continues to apply the provisions in Decree No. 39/2017/ND-CP through June 30, 2020.
6. Imported complete mixed feed products and concentrated feed products are allowed to circulate according to the provisions of Decree No. 39/2017/ND-CP continue to be circulated according to the validity period posted on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
7. Organizations and individuals who submit complete registration dossiers to handle administrative procedures regarding animal feed before the effective date of this Decree shall apply according to the provisions of law at the time of dossier submission. .
8. Livestock waste treatment products that have been issued a decision to recognize technical advances and new technologies by the Department of Livestock, Ministry of Agriculture and Rural Development before December 31, 2019 do not have to comply with regulations settled at Clause 2, Article 31 of this Decree.
Article 35. Responsibility for implementation
Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant agencies are responsible for implementing this Decree./.
Recipients: – Party Central Committee Secretariat; – Prime Minister, Deputy Prime Ministers; – Ministries, ministerial-level agencies, and agencies under the Government; – People's Councils and People's Committees of provinces and centrally run cities; – Central Office and Party Committees; – Office of the General Secretary; - Office of the President; – Nationalities Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; – National Financial Supervisory Commission; – State Audit; – Social Policy Bank; - Vietnam Development Bank; – Central Committee of Vietnam Fatherland Front; – Central agency of unions; – Office of Government: BTCN, PCNs, Assistant to the President, General Director of the Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette; – Saved: VT, NN (2b). |
TM. GOVERNMENT Nguyen Xuan Phuc |
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