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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 46/2022/ND-CP |
Hanoi, July 13, 2022 |
AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO 13/2020/ND-CP JANUARY 21, 2020 GOVERNMENT DETAILED GUIDANCE LIVESTOCK LAW
Base Law on Government Organization June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;
Base Law on Animal Husbandry November 19, 2018;
At the request of the Minister of Agriculture and Rural Development;
The Government promulgates a Decree amending and supplementing a number of articles of Decree No 13/2020/ND-CP January 21, 2020 of the Government detailed instructions Law on Animal Husbandry.
Article 1. Amending and supplementing a number of articles of Decree No 13/2020/ND-CP January 21, 2020 of the Government detailed instructions Law on Animal Husbandry
1. Amending and supplementing a number of clauses Article 3 as follows:
a) Modification Clause 5 as follows:
“5. The livestock unit coefficient is a constant applied to directly convert the number of livestock to livestock units.”
b) Modification Clause 6 as follows:
“6. Loudspeakers are sound devices to attract swiftlets, placed around the bird's entrance and exit.
c) Add Clause 11, Clause 12 and Clause 13 as follows:
“11. New substances in livestock waste treatment products are chemicals, biological products, and microorganisms that are not yet on the List of chemicals, biological products, and microorganisms allowed to be used in waste treatment products. livestock farming in Vietnam.
12. Livestock waste treatment product manufacturing facility is a facility that carries out one or all of the processing, processing, and production of livestock waste treatment products.
13. Original livestock breed products are livestock breed products exploited from original breeds.”
2. Amending and supplementing a number of clauses Article 4 as follows:
a) Amendments and supplements Clause 6 as follows:
“6. In case the dossier is in foreign language, there must be a Vietnamese translation certified by the organization or individual performing the administrative procedure or a Vietnamese translation notarized.
"8. In case of natural disasters or epidemics as prescribed by law: Apply online assessment for production and business establishments, conformity assessment organizations, assessment and licensing agencies that meet the requirements. requirements for resources and technical means for implementation (computers, internet connections, software applications, audio and video recorders, etc.); Postpone periodic assessment and supervision activities for up to 6 months; or grant a temporary license for a maximum of 06 months, check import quality based on reviewing complete and valid documents without having to organize a direct assessment on site. Production and business organizations and individuals; The conformity assessment organization is responsible before the law for the accuracy of information, documents, images, and records provided to the licensing agency. The direct assessment will be carried out after localities have controlled natural disasters and epidemics according to the provisions of law; Immediately revoke licenses in cases of violations by organizations and individuals and handle them according to the provisions of law.”
c) Add Clause 9 as follows:
“9. Recordkeeping
a) Documents and records related to state inspection of imported animal feed quality; State inspection of the quality of imported livestock waste treatment products is stored for a period of 05 years from the date of issuance of notice of inspection results;
b) Documents and records related to animal feed import have not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development; Importing livestock waste treatment products containing new substances is stored for a period of 5 years from the date of issuance of the import license.
3. Add the following Article 5a Article 5 as follows:
“Article 5a. Ordering mechanism for import, production, keeping and supply of livestock breed products
1. Ordering activities include: Importing, producing, keeping and supplying livestock breed products.
2. Orders for import, production, keeping and supply of livestock breed products must meet the following conditions:
a) Public service units with functions and tasks of researching and producing livestock breeds; Manufacturers and suppliers of livestock breed products that are registered in the livestock breed business; have sufficient financial capacity; requirements for original livestock breeds and meeting the conditions of establishments producing and trading livestock breeds at Article 22 and Article 23 of the Law on Animal Husbandry;
b) Meet the economic and technical norms for each type of livestock breed issued by the Ministry of Agriculture and Rural Development.
3. Original livestock breed products have consumption prices and subsidy levels decided by competent authorities in accordance with the law on prices and relevant legal regulations.
4. Basis for ordering, order content and other regulations on ordering import, production, keeping and supply of livestock breed products shall comply with the provisions of law.”
4. Add clause 3 and clause 4 Article 9 as follows:
“3. A facility that has a Certificate of eligibility for animal feed production when producing commercial animal feed or animal feed according to orders for other organizations or individuals must hand over a copy of the batch production log. Goods rented to organizations and individuals to produce at the facility to store for inspection, testing, and traceability.
4. Organizations and individuals renting a facility with a Certificate of eligibility for animal feed production to produce commercial animal feed products must keep records of product information disclosure on the Electronic Information Portal. of the Ministry of Agriculture and Rural Development, announcing applicable standards, declaring conformity, production logs, and testing results to serve inspection, testing, and traceability.
Organizations and individuals that rent a facility with a Certificate of eligibility for animal feed production to produce animal feed products according to orders must keep production logs and test results to serve inspection purposes. investigation, inspection, traceability.”
5. Amendments and supplements Clause 8 Article 10 as follows:
"8. Cases that do not require a Certificate of eligibility for animal feed production include:
a) Production facilities (production, preliminary processing, processing) of traditional animal feed for commercial purposes in households and business households;
b) Food production facilities that meet the provisions of Vietnamese law on food safety have food products and by-products created during the food production process of suitable quality as animal feed. raised without going through any other pre-processing or processing steps of that facility.”
6. Add clause 6 Article 11 as follows:
“6. The assessment and supervision of maintaining animal feed production conditions is carried out as follows: Within 06 months before the time of assessment and supervision specified in Points a and b, Clause 5 of this Article, the competent authority The right to issue Certificates of eligibility for animal feed production shall be notified in writing to organizations and individuals. Within 20 days from the date of notification, the assessment agency shall establish an assessment team and organize an assessment of the actual conditions at the facility according to the provisions of Point a, Clause 1, Clause 2, Clause 3 and Clause 4 of this Article. This. Within no more than 05 working days from the date of completion of the assessment, the competent authority shall issue a Notice of assessment results according to Form No. 13.TACN, Appendix I issued with this Decree.
7. Amending and supplementing a number of clauses Article 14 as follows:
a) Amendments and supplements Clause 3 as follows:
“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 Production organizes an assessment team to evaluate the dossier; In case the dossier lacks information and authenticity, the Department of Livestock Production will organize an on-site assessment team at the exporting country's testing laboratory. In case the requirements are met, within 05 working days from the date of completion of appraisal and assessment, the Department of Livestock Production shall issue a decision to acknowledge the animal feed testing method of the exporting country's testing laboratory according to Form No. 14.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason. The decision to recognize the animal feed testing method of the testing laboratory of the exporting country is valid for a maximum of 05 years.”
b) Amendments and supplements Clause 4 as follows:
“4. The evaluation team includes: Department of Livestock Production, relevant units and technical experts.”
“5. Organizations and individuals registering for recognition of animal feed testing methods of the exporting country's testing laboratory are responsible for providing complete and accurate documents to serve the appraisal and assessment work; Coordinate with the Department of Livestock to evaluate.”
8. Amending and supplementing a number of clauses Article 15 as follows:
a) Amendments and supplements Clause 2 as follows:
"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 Production organizes an assessment team to evaluate the dossier; In case the dossier lacks information and authenticity, the Department of Livestock Production will organize an on-site assessment team in the exporting country. In case the requirements are met, within 05 working days from the date of completion of appraisal and assessment, the Department of Livestock Production shall issue a decision to acknowledge the testing process and recognition of animal feed of the exporting country according to Form No. 15.TACN, Appendix I issued with this Decree; In case of refusal, a written response must be provided clearly stating the reason.”
b) Amendments and supplements Clause 3 as follows:
“3. The evaluation team includes: Department of Livestock Production, relevant units and technical experts.”
“4. Organizations and individuals registering to recognize the testing and recognition process of animal feed of the exporting country are responsible for providing complete and accurate documents to serve the appraisal and assessment work; Coordinate with the Department of Livestock to evaluate.”
9. Amending and supplementing a number of clauses Article 18 as follows:
a) Amendments and supplements Clause 4 as follows:
“4. The order for state inspection of imported animal feed quality is prescribed as follows:
a) Organizations and individuals send 01 set of documents specified in Clause 3 of this Article to the inspection agency specified in Clause 1 of this Article. Within 01 working day from the date of receipt of the dossier, the inspection agency will respond to the completeness of the dossier;
b) Within 03 working days from the date of receiving the complete dossier, the inspection agency will evaluate the dossier content.
In case the dossier does not meet the requirements, the inspection agency requests the organization or individual to supplement and complete the dossier.
In case the requirements are met, the inspection agency shall certify the quality inspection registration certificate so that organizations and individuals can carry out the procedures as prescribed in Points c and d of this Clause;
c) For animal feed specified in Point a, Clause 2 of this Article: Organizations and individuals are allowed customs clearance immediately after completing customs procedures. Within 15 working days from the date of customs clearance of the shipment, organizations and individuals submit conformity assessment results to the inspection agency. Organizations and individuals must be fully responsible for the results of self-assessment of conformity and ensuring that the shipment complies with applicable technical regulations and announced standards. In case the shipment has inconsistent inspection results, organizations and individuals must report to the inspection agency or the conformity certification organization must notify the inspection agency for handling according to the provisions of law;
d) For animal feed specified in Point b, Clause 2 of this Article: Organizations and individuals complete customs declaration procedures and select a designated animal feed compliance certification organization to Evaluate the conformity of the shipment. In case the shipment complies with technical regulations and announced applicable standards, the certification organization will issue a Certificate of Compliance for the shipment so that the organization or individual can submit it to the customs authority for customs clearance procedures. , and at the same time notify the inspection agency.
In case the shipment has inconsistent inspection results, the conformity certification organization shall notify the inspection agency for handling according to the provisions of law."
b) Amendments and supplements Points a and c Clause 5 as follows:
“a) The exemption from state inspection of imported animal feed quality applies to animal feed of the same type (name, recognition code, raw material composition, quality, uses, form). , color) of the same production facility, the same importer, after 03 consecutive imports with conformity assessment results, the inspection agency has issued a written confirmation of exemption from state quality inspection for a period of time. term of 01 year. During the period of exemption from state inspection of imported animal feed quality, organizations and individuals are not required to conduct conformity assessment and declaration of conformity for each batch of imported goods.
Organizations and individuals wishing to exempt or reduce state inspection of the quality of animal feed according to the provisions of this Clause shall submit an application for exemption or reduction of state inspection of the quality of imported animal feed according to the provisions of this Clause. Form No. 17.TACN, Appendix I issued with this Decree to the inspection agency with the results of assessment of conformity with national technical regulations for 03 consecutive times. Within 03 working days from the date of receipt of valid documents, the inspection agency will issue a written confirmation that the product is exempt from quality inspection;
c) During the period of exemption from state inspection of imported animal feed quality, the inspection agency shall:
Unscheduled inspection of imported goods when detecting or having complaints or denunciations about the quality of imported goods or at the request of a competent authority or under the direction of a superior management agency.
Issue a written notice to stop applying the inspection exemption regime if imported goods circulating in the market are found to be non-compliant with national technical regulations, applicable announced standards or when there are complaints or denunciations. report on the results of conformity assessment and verify the truth or through a surprise inspection of the imported goods batch whose conformity assessment results do not meet the requirements.”
“6. Cases exempt from state inspection of animal feed quality when imported include:
a) Animal feed temporarily imported for re-export, re-imported for recycling at the request of foreign partners;
b) Animal feed in transit, transshipment, and transshipment;
c) Animal feed from abroad sent to bonded warehouses;
d) Animal feed for display at fairs, exhibitions and advertising;
d) Animal feed used as samples for analysis in laboratories;
e) Animal feed as a sample for testing for testing, inspection, certification of conformity with national technical regulations, inter-laboratory testing;
g) Animal feed for scientific research;
h) Animal feed of immigrants within the tax-free quota;
i) Imported animal feed to serve urgent requirements is decided by the Government and the Prime Minister based on the proposal of the Ministry of Agriculture and Rural Development.”
10. Add Article 18a later Article 18 as follows:
“Article 18a. State inspection of quality of imported animal feed after customs clearance
1. Inspection agency: Department of Livestock Production, Department of Agriculture and Rural Development of provinces and centrally run cities.
2. Inspection content:
As prescribed at Clause 2, Clause 3, Article 41; Clause 2, Clause 4, Article 43 and Clause 2, Article 49 of the Law on Animal Husbandry.
3. Inspection frequency
a) Annually inspect with a frequency of no more than 01 time for 01 imported animal feed product of the same origin; no more than 01 time for 01 import unit. The selection of products and importers for annual inspection is based on the following criteria:
For animal feed products: Nature, uses, production facilities, manufacturing country, imported quantity and import value, quality inspection results in the year immediately preceding the inspection year;
For units importing animal feed: Import quantity for each product of the unit, import purpose; results of compliance with legal regulations in the year immediately preceding the year of inspection;
Other criteria are specified in legal documents on animal feed (if any);
b) Unscheduled inspection when detecting signs of violations by the importing unit, or when there are denunciations or complaints about product quality or at the request of a competent authority or under the direction of a management agency. superiors.
4. Test sequence
a) The Department of Livestock Accesses information about imported animal feed shipments on the National Single Window Information Portal to serve as a basis for developing the annual inspection program specified in Point b of this Clause;
b) The annual inspection program includes: Name and address of the import unit needing inspection, number of products to be inspected, inspection content, inspection agency, inspection time, and result reporting time check;
c) Before October 30 every year, the Department of Livestock Notification of the Inspection Program to the Department of Agriculture and Rural Development. The inspection agency in Clause 1 of this Article conducts the inspection and prepares an inspection record accordingly Form No. 16.TACN, Appendix I issued with this Decree; Handle inspection results according to the provisions of law.
5. Inspection funding: From central and local administrative budget sources.
6. Implementation organization: The inspection agency specified in Clause 1 of this Article organizes state inspection of the quality of imported animal feed after customs clearance in combination with inspection activities at the production facility. , trading establishments, import establishments, establishments using animal feed.”
11. Amendments and supplements Clause 2 Article 19 as follows:
"2. Testing of animal feed samples for state management must be done before the product batch sampled for testing expires (not applicable to testing banned substances in animal feed).
Notification of initial inspection results to organizations and individuals must be at least 15 days before the product batch expires (not applicable to cases of unexpected inspection according to legal regulations on inspection). check, check). No later than 02 working days after receiving the complaint from the organization or individual, the inspection agency must send samples for re-testing.
12. Amending and supplementing a number of clauses Article 21 as follows:
a) Amendments and supplements Term 1 as follows:
"first. Livestock scale is determined by the number of livestock units at the same time for the types of livestock specified in Appendix V issued together with this Decree.”
b) Modify the opening paragraph Clause 2 as follows:
"2. The scale of livestock farming is regulated as follows:”
c) Amendments and supplements point b clause 3 as follows:
“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.
The Department of Agriculture and Rural Development and the District People's Committee are responsible for inspecting livestock conditions of medium- and small-scale farm livestock facilities according to the criteria specified in the Table of Evaluation Contents. accompanying breeding conditions Form No. 04.DKCN Appendix I issued with this Decree. The frequency of periodic inspection is every 3 years; Unscheduled inspections when detecting signs of violations or when there are denunciations or complaints about the quality of livestock products, livestock conditions or under the direction of superior management agencies.
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 inspection agency. The inspection agency shall conduct actual inspection of remedial results in case of necessity."
13. Add the following clause 4a Clause 4 Article 24 as follows:
“4a) The assessment and supervision of maintenance of livestock conditions is carried out as follows: Within 06 months before the time of assessment and supervision, the competent authority specified in Clause 5 of this Article shall notify in writing for organizations and individuals. Within 20 days from the date of notification, the assessment agency shall establish an assessment team and organize an assessment of the actual conditions at the facility according to the provisions of Point b, Clause 1 and Clause 3 of this Article. Within no more than 05 working days from the date of completion of the assessment, the assessment agency shall issue a Notice of assessment results according to Form No. 06.DKCN Appendix I issued with this Decree.”
14. Amendments and supplements Clause 2 Article 29 as follows:
"2. Unless an agreement between Vietnam and a foreign country has other provisions, border gates receiving live livestock imported into Vietnam include:
a) International airport;
b) Land border gates: International border gates and main border gates;
c) Special seaports, type I seaports, type II seaports and type III seaports.”
15. Amending and supplementing a number of clauses Article 30 as follows:
a) Amendments and supplements Term 1 as follows:
"first. Organizations and individuals producing and trading livestock waste treatment products must announce applicable standards and conformity with regulations according to the law on product quality.
Quality criteria for livestock waste treatment products must be announced in the applicable published standards specified in Form No. 01.MTCN Appendix I issued with this Decree.”
b) Amendments and supplements Clause 2 as follows:
"2. Organizations and individuals access the Electronic Information Portal of the Ministry of Agriculture and Rural Development to self-publish information about livestock waste treatment products before putting the products into circulation on the market.
Immediately after self-declaring product information, organizations and individuals are allowed to produce and trade products and are responsible for the quality and safety of the announced products.
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. Organizations and individuals are responsible for the information submitted for publication and the quality and safety of announced livestock waste treatment products.”
c) Amendments and supplements Clause 3 as follows:
“3. Documents announcing information on domestically produced livestock waste treatment products include:
a) Information about facilities manufacturing livestock waste treatment products according to Form No. 02.MTCN Appendix I issued with this Decree;
b) Announced applicable standards, declaration of product conformity;
c) Product quality test result sheet;
d) Sample of product label according to the provisions of law on product labels.”
d) Amendments and supplements Clause 4 as follows:
“4. Documents announcing information about imported livestock waste treatment products include:
a) Information about facilities manufacturing livestock waste treatment products according to Form No. 02.MTCN Appendix I issued with this Decree;
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) Announced applicable standards, declaration of product conformity;
d) Sample of product label provided by the manufacturing organization or individual, accompanied by additional labels in Vietnamese;
e) Product quality test result slip.”
16. Amending and supplementing a number of clauses Article 31 as follows:
a) Amendments and supplements Term 1 as follows:
"first. Livestock waste treatment products that are imported or produced in Vietnam for the first time and contain new substances that have not been tested in Vietnam must be tested before publishing product information; Except for livestock waste treatment products created from the results of recognized ministerial- and national-level science and technology tasks.
In case livestock waste treatment products produced or imported into Vietnam for the first time contain new substances listed in the List of raw materials allowed to be used as animal feed, testing shall be carried out according to the provisions at point 1. a and point c, clause 3 of this Article.
The Ministry of Agriculture and Rural Development promulgates the List of chemicals, biological products, and microorganisms allowed to be used in livestock waste treatment products in Vietnam based on test results or task results. science and technology that has been recognized or permitted by a competent state agency or the results of review, investigation, and evaluation of practice.”
b) Amendments and supplements Clause 3 as follows:
“3. Test content includes:
a) Evaluation of product ingredients and quality according to applicable announced standards;
b) Evaluate safety for pets and the environment during product use;
c) Evaluate the product's effectiveness in treating livestock waste."
c) Amendments and supplements Clause 4 as follows:
“4. Recognition of testing results
a) After finishing the testing, organizations and individuals prepare dossiers requesting recognition of testing results;
b) Dossier requesting recognition of testing results includes:
Application for recognition of testing results of livestock waste treatment products containing new substances Form No. 03.MTCN Appendix I issued with this Decree;
Report on testing results of livestock waste treatment products containing new substances Form No. 04.MTCN Appendix I issued with this Decree;
c) Order and procedures for recognition of testing results
Organizations and individuals whose livestock waste treatment products are tested shall send 01 set of documents as prescribed in Point b, Clause 4 of this Article to the Department of Livestock Production.
Within 20 working days from the date of receiving a complete and valid dossier, the Department of Livestock Production shall establish a Council to evaluate the test results including: Department of Livestock Production, relevant units and experts. technique. Within 05 working days from the date of receiving the completed dossier according to the opinion of the Appraisal Council, the Department of Livestock Review shall consider and issue a Decision recognizing livestock waste treatment products containing new substances. through the following testing Form No. 05.MTCN Appendix I issued with this Decree. In case of non-recognition, a written response must be provided clearly stating the reason;
d) Within 03 working days from the date of issuance of the Decision recognizing the testing results, the Department of Livestock Production publicly announces the Decision recognizing the testing results on the Department of Livestock's electronic information portal. Organizations and individuals are allowed to produce and do business immediately after the Decision on recognition of testing results is issued.”
d) Amendments and supplements Clause 5 as follows:
“5. Testing facilities must keep records of testing results for at least 03 years after the end of testing, be responsible for testing results and comply with inspection and examination of testing activities by state agencies. have authority.”
17. Add clause 8 and clause 9 Article 32 as follows:
"8. The facility has a Certificate of eligibility to produce livestock waste treatment products when producing commercial livestock waste treatment products and livestock waste treatment products according to orders for organizations and individuals. Otherwise, a copy of the batch production log must be handed over to the organization or individual hiring the production facility at the facility to keep for inspection, testing, and traceability.
9. Organizations and individuals that rent a facility with a Certificate of eligibility to produce livestock waste treatment products to produce commercial livestock waste treatment products must keep records to disclose product information. on the Electronic Information Portal of the Ministry of Agriculture and Rural Development, announcing applicable standards, declaring conformity, production logs, and test results to serve inspection, testing, and retrieval work. source.
Organizations and individuals that rent a facility with a Certificate of eligibility to produce livestock waste treatment products to produce livestock waste treatment products as ordered must keep production logs and test results. to serve inspection, testing and traceability work.”
18. Adding Article 32a, Article 32b, Article 32c, Article 32d, Article 32d, Article 32e, Article 32g and Article 32h later Article 32 as follows:
a) Add Article 32a as follows:
“Article 32a. Issuing, re-issuing and revoking Certificates of eligibility to produce livestock waste treatment products
1. Implementing agency: Department of Livestock Production.
2. Application dossier for issuance of Certificate of eligibility to produce livestock waste treatment products includes:
a) Application for issuance of Certificate of eligibility to produce livestock waste treatment products according to Form No. 06.MTCN Appendix I issued with this Decree;
b) Explanation of the conditions of the facility producing livestock waste treatment products according to Form No. 07.MTCN Appendix I issued with this Decree;
c) Quality control and biosafety procedures of facilities manufacturing livestock waste treatment products according to Form No. 08.MTCN Appendix I issued with this Decree;
d) In case the facility produces livestock waste treatment products and animal feed at the same time, additional dossier components must meet the provisions of Points a and b of this Clause and Points c and d of Clause 2 of this Article. 10 of this Decree.
3. Order and procedures for issuance of Certificate of eligibility to produce livestock waste treatment products
a) The production facility sends documents as prescribed in Clause 2 of this Article to the Department of Livestock Production. Within 10 working days from the date of receiving the complete dossier, the Department of Livestock Evaluation will appraise the dossier content. In case the dossier does not meet the requirements, the Department of Livestock Production requires the production facility to supplement and complete the dossier;
b) If the application meets the requirements, within 20 working days from the date of receiving the valid application, the Department of Livestock Production shall establish a Team to assess the actual conditions of the production facility and the content of assessment according to the requirements. stipulated in Form No. 09.MTCN Appendix I issued with this Decree and prepare an assessment record accordingly Form No. 10.MTCN Appendix I issued with this Decree. In case the establishment does not meet the conditions, within 06 months from the date of making the assessment record, the establishment shall carry out remediation and send a written report of remediation results to the Department of Livestock for appraisal and approval. 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 Department of Livestock Production shall issue a Certificate of eligibility to produce livestock waste treatment products according to Form No. 11.MTCN Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
4. Facility that simultaneously produces supplementary animal feed and livestock waste treatment products
a) In case of production on the same line and equipment: The facility that has been granted a Certificate of eligibility for animal feed production is allowed to produce livestock waste treatment products; Facilities that have been granted a Certificate of eligibility to produce livestock waste treatment products will have their criteria recognized when evaluating and granting a Certificate of eligibility to produce animal feed;
b) In case of production on different production lines, the assessment content will follow Form No. 04.TACN and Form No. 09.MTCN Appendix I issued with this Decree. Duplicate criteria must only be evaluated once and must be recorded in the Evaluation Minutes.
5. Dossier to request re-issuance of Certificate of eligibility to produce livestock waste treatment products includes:
a) Application for re-issuance of Certificate of eligibility for production according to Form No. 06.MTCN 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.
6. Order and procedures for re-issuance of Certificate of eligibility to produce livestock waste treatment products
The production facility sends documents as prescribed in Clause 5 of this Article to the Department of Livestock Production. Within 05 working days from the date of receipt of valid documents, the Department of Livestock Production will re-issue the Certificate of eligibility to produce livestock waste treatment products according to Form No. 11.MTCN Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
7. Certificate of eligibility to produce livestock waste treatment products is reissued in the following cases:
a) Lost or damaged;
b) Change information of organizations and individuals in the Certificate.
8. Certificate of eligibility to produce livestock waste treatment products is revoked in the following cases:
a) Erased or altered to falsify the content of the Certificate;
b) The establishment no longer meets the conditions prescribed in Article 32 of this Decree and Clause 1, Article 63 of the Law on Animal Husbandry but does not fix it within the time limit committed to the competent authority;
c) The facility commits other violations that are required by law to revoke the Certificate of eligibility to produce livestock waste treatment products.
9. Facilities that produce livestock waste treatment products for non-commercial purposes are not required to issue a Certificate of eligibility to produce livestock waste treatment products.
10. In case a facility that has been granted a Certificate of eligibility to produce livestock waste treatment products changes the location of the production facility, the organization or individual must follow the procedures prescribed in Clause 3, Article This.
11. Organizations and individuals request assessment to issue or re-issue Certificate of eligibility to produce livestock waste treatment products, evaluate and monitor maintenance of conditions for producing livestock waste treatment products Breeders must pay fees in accordance with the law on fees and charges.”
b) Add Article 32b as follows:
“Article 32b. Assess actual conditions at facilities producing livestock waste treatment products
1. Assessing the actual conditions of a facility producing livestock waste treatment products is by observing the site of the facility; Review and look up documents and records; Other related activities, including:
a) Evaluation and issuance of Certificate of eligibility to produce livestock waste treatment products;
b) Evaluate, monitor and maintain production conditions for livestock waste treatment products.
2. The Department of Livestock Establishment established a Team to assess the actual conditions of the facility producing livestock waste treatment products. The assessment team includes a team leader who is a leader at department level or higher and at least 01 member with a university degree or higher majoring in animal husbandry, veterinary medicine, chemistry, biotechnology, or environmental technology.
3. The frequency of assessment, monitoring and maintenance of conditions at facilities producing livestock waste treatment products is 24 months. In case the facility has been evaluated and issued a certificate of system compliance with standards, the inspection period to maintain conditions is 36 months. In case a facility is discovered to have signs of violating the law or there are denunciations or complaints about quality or under the direction of a superior management agency, the Department of Livestock Production will conduct an unscheduled inspection and assessment.
4. The assessment and supervision of maintaining production conditions for livestock waste treatment products is carried out as follows: Within 06 months before the time of assessment and supervision, the Department of Livestock Production shall notify the organization in writing. positions, individuals. Within 20 days from the date of notification, the Department of Livestock Production shall establish an assessment team and organize an assessment of actual conditions at the facility according to the provisions of Form No. 09.MTCN Appendix I issued with this Decree. Within no more than 05 working days from the date of completion of the assessment, the assessment agency shall issue a Notice of assessment results according to Form No. 12.MTCN Appendix I issued with this Decree.”
c) Add Article 32c as follows:
“Article 32c. Conditions for establishments to buy, sell and import livestock waste treatment products
1. Have equipment and tools to preserve livestock waste treatment products according to the instructions of the manufacturer and supplier.
2. Places for sale and storage of livestock waste treatment products are separate or not contaminated by pesticides, fertilizers, or other toxic chemicals; Meets quality and safety assurance requirements according to the provisions of law and recommendations of supplying organizations and individuals.
3. Have measures to prevent and control harmful organisms.”
d) Add Article 32d as follows:
“Article 32d. Export and import of livestock waste treatment products
1. Documents and quality of exported livestock waste treatment products comply with the requirements of organizations, individuals, and importing countries, in accordance with relevant provisions of Vietnamese law.
2. Imported livestock waste treatment products must be inspected by the state for quality according to regulations in Clause 1, Article 32d of this Decree.
Cases that are not subject to state quality inspection include: Sample goods, goods introduced at exhibitions, fairs, and gifts; goods temporarily imported for re-export; goods in transit; goods deposited in bonded warehouses; Vietnamese enterprises process goods for foreign traders; imported products to serve urgent requirements under the direction of the Government and Prime Minister.
3. Organizations and individuals may import livestock waste treatment products containing chemicals, biological products, and microorganisms on the List of chemicals, biological products, and microorganisms used in the product. livestock waste treatment in Vietnam.
In case of importing livestock waste treatment products containing new substances for testing, scientific research, display at fairs and exhibitions, as samples for analysis in laboratories or for production and processing purposes, Export destination must be licensed by the Ministry of Agriculture and Rural Development.
4. Documents for importing livestock waste treatment products containing new substances for testing, scientific research, display at fairs, exhibitions, analysis samples at laboratories or production and processing for export purposes include:
a) Application for import according to Form No. 13.MTCN Appendix I issued with this Decree;
b) Research outline or testing outline Form No. 14.MTCN Appendix I issued with this Decree for cases of import for research and testing.
Document proving the organization and participation in fairs and exhibitions in case of import for introduction and display at fairs and exhibitions.
Document of analytical service agreement between a domestic testing laboratory or enterprise on one side and a testing laboratory or enterprise or management agency on livestock waste treatment products of the exporting country on the other side, in That includes a commitment that the imported product sample is not used for commercial activities in case of import to be used as an analysis sample at the laboratory.
Contract for production and processing of livestock waste treatment products for export purposes in accordance with Vietnamese law on import of goods for production and processing for export purposes.
5. The order and procedures for granting a License to import livestock waste treatment products containing new substances are as follows:
a) Organizations and individuals send documents as prescribed in Clause 4 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 livestock waste treatment products according to Form No. 15.MTCN Appendix I issued with this Decree; In case of refusal, a written response must be made clearly stating the reason.
6. The Minister of Agriculture and Rural Development shall consider and decide to inspect the management system and production of livestock waste treatment products in the exporting country 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) Detecting risks affecting quality, disease safety, and the environment for products imported into Vietnam.”
d) Add Article 32d as follows:
“Article 32 d. State inspection of the quality of livestock waste treatment products
1. State inspection of the quality of imported livestock waste treatment products
a) Inspection agency: Department of Livestock Production;
b) Inspection content: Check import documents; Actual inspection of quantity, volume, specifications, packaging, labeling, expiration date, origin and other sensory criteria of the product; Take samples for testing and evaluate product quality and safety conformity;
c) Inspection order and procedures: Follow the provisions of law on quality inspection of imported products and goods.
2. State inspection of the quality of livestock waste treatment products in production and circulation on the market
a) Inspection agency: Department of Livestock Inspection nationwide; Department of Agriculture and Rural Development inspects in the area;
b) Inspection content
The content of checking the quality of goods in production includes: Checking the conformity with announced applicable standards, corresponding national technical regulations, regulations of the Ministry of Agriculture and Rural Development; Check the results of conformity assessment, labeling, conformity marks and records during the production process. In case of necessity, the inspection agency may use experts to perform the assessment according to the requirements of the corresponding technical regulations;
The content of checking the quality of goods in circulation on the market includes: Checking goods labels according to the provisions of law on goods labels; Check the display of announced applicable standards and conformity marks according to the provisions of law; Check the storage conditions of goods according to the provisions of announced applicable standards or announced on the product label; Check the conformity of goods with published applicable standards, corresponding national technical regulations, and attached documents.
c) Inspection frequency: Periodic inspection no more than 01 time/year for 01 product with the same origin of 01 unit. Unscheduled inspections when detecting signs of violations by production or business units or when there are denunciations or complaints about product quality or at the request of a competent authority or under the direction of a management agency superiors.
3. Testing livestock waste treatment products by a testing laboratory designated by the Ministry of Agriculture and Rural Development or registered to operate in accordance with the law. In case there is no designated or registered testing laboratory to operate on livestock waste treatment products, it must be performed at a designated testing laboratory or registered to operate according to regulations in the food sector. livestock, veterinary medicine, fertilizer, aquatic feed and aquaculture environmental treatment products if there are appropriate testing methods. In case the test methods have not been specified or recognized, the Ministry of Agriculture and Rural Development decides on the test method to be applied.”
e) Add Article 32e as follows:
“Article 32e. Processing test results on quality of livestock waste treatment products
1. The results of testing the quality of livestock waste treatment products are the results of testing product samples by the designated testing laboratory after calculating the variability of test results specified in Clause 1 of this Article. Appendix IV issued together with this Decree.
2. Testing of samples of livestock waste treatment products for state management must be done before the product batch sampled for testing expires (not applicable to testing banned substances in livestock production). ).
Notification of initial inspection results to organizations and individuals must be at least 15 days before the product batch expires (not applicable to cases of unexpected inspection). No later than 02 working days after receiving a complaint from an organization or individual, the inspection agency must send samples for testing.
3. Sequence and procedures for handling test results of poor quality of livestock waste treatment products:
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 test results about the quality of livestock waste treatment products:
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) Costs for resolving complaints about test results are paid by organizations and individuals according to the provisions of law.”
g) Add Article 32g as follows:
“Article 32g. Handling livestock waste treatment products that violate quality
1. Animal waste treatment products that violate quality will be handled by one or more of the following measures:
a) Forced re-export: Organizations and individuals whose livestock waste treatment products violate quality and are subject to re-export measures must carry out re-export procedures in accordance with customs laws and other regulations. other relevant laws and submit re-export documents to the state inspection agency on the quality of livestock waste treatment products;
b) Forced destruction: Organizations and individuals whose quality livestock waste treatment products are 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 supervision by the state inspection agency on the quality of livestock waste treatment products;
c) Forced recycling: Organizations and individuals whose livestock waste treatment products violate the quality and are subject to recycling measures must recycle the products according to plans consistent with the provisions of law. ensure that products after recycling have quality consistent with announced applicable quality standards and corresponding national technical regulations; Report recycling plans and results to the state inspection agency on the quality of livestock waste treatment products for supervision when necessary;
d) Forced change of use: Organizations and individuals whose livestock waste treatment products violate quality and are subject to change of use must change the product's use according to the plan. in accordance with the provisions of law; Report the plan and results of conversion of use to the state inspection agency on the quality of livestock waste treatment products for supervision when necessary;
d) Forced information correction: Organizations and individuals whose livestock waste treatment products violate 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. Supervision of destruction of livestock waste treatment products that violate quality is regulated as follows:
a) The agency competent to sanction administrative violations shall supervise the destruction of livestock waste treatment products that violate quality for violations according to its sanctioning authority and make a record of supervision of the violation. destroyed according to the provisions of Point c of this Clause;
b) The Department of Agriculture and Rural Development supervises the destruction of livestock waste treatment products that violate quality in the area according to its authority or upon request of the Department of Livestock Production;
c) The record of supervision of destruction of livestock waste treatment products that violate quality must contain the following information: Legal basis, 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 livestock waste treatment products violate the quality and are subject to the treatment measures specified in Clause 1 of this Article must bear all costs related to the treatment.
4. In case livestock waste treatment products are derelict, the Provincial People's Committee shall organize the treatment and arrange funds for treatment."
h) Add Article 32h as follows:
“Article 32h. Rights and obligations of establishments that produce, buy, sell, and import livestock waste treatment products and organizations and individuals using livestock waste treatment products
1. Establishments that produce, buy, sell, and import livestock waste treatment products have the following rights:
a) Enjoy State policies related to production and trading of livestock waste treatment products;
b) To produce, buy, sell and import livestock waste treatment products according to the provisions of this Decree and other relevant laws;
c) Complaints, denunciations, and lawsuits related to the production, purchase, sale, and import of livestock waste treatment products according to the provisions of law.
2. Facilities manufacturing livestock waste treatment products have the following obligations:
a) Ensure conditions for facilities producing livestock waste treatment products during operation;
b) Develop and implement quality control and biosafety procedures for livestock waste treatment products, ensuring livestock waste treatment products are consistent with announced and applied quality standards and regulations. Corresponding national technical standards, ensuring traceability of livestock waste treatment products; Save quality control and biosafety procedures for livestock waste treatment products;
c) Comply with the inspection and examination of production conditions and quality of livestock waste treatment products by competent state agencies; Be responsible before the law for the quality of livestock waste treatment products produced by the facility;
d) Production facilities must announce applicable standards and conformity with corresponding national technical regulations; Carry out labeling of goods according to the provisions of law on labeling of goods; Record and retain records during the production process to serve product traceability; Store samples of livestock waste treatment products for a minimum period of 30 days from the date the product expires.
3. Establishments purchasing, selling and importing livestock waste treatment products have the following obligations:
a) Ensuring conditions for establishments to buy, sell and import livestock waste treatment products during operations;
b) Comply with legal regulations in ensuring quality and information about origin and source of livestock waste treatment products;
c) Apply measures to preserve product quality as recommended by producing organizations and individuals to maintain the quality of livestock waste treatment products;
d) Only purchase, sell and import livestock waste treatment products that have had information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
d) Record and save information on purchase, sale and import of livestock waste treatment products during the purchase, sale and import process to ensure traceability of origin;
e) Post prices and comply with inspection and examination by competent state agencies.
4. Organizations and individuals using livestock waste treatment products have the following rights:
a) Be provided with full information on quality, origin, and instructions for use of livestock waste treatment products from providing organizations and individuals;
b) Complaints, denunciations, and lawsuits related to the use of livestock waste treatment products according to the provisions of law;
c) Be compensated for damages according to the provisions of law.
5. Organizations and individuals using livestock waste treatment products have the following obligations:
a) Comply with legal regulations and instructions of suppliers and product manufacturers related to transportation, storage, preservation and use of products;
b) Comply with inspection and testing of product quality by competent state management agencies; Coordinate the handling of livestock waste treatment products that violate quality and safety according to the provisions of law.”
19. Amend and supplement a number of forms and Appendixes as follows:
a) Modification Form No. 06.TACN Appendix I, Appendix II, Appendix V Decree no 13/2020/ND-CP ; Additional Form No. 13.TACN, Form No. 14.TACN, Form No. 15.TACN, Form No. 16.TACN, Form No. 17.TACN, Form No. 06.DKCN, Form No. 01.MTCN, Form No. 02.MTCN, Form No. 03.MTCN, Form No. 04.MTCN, Form No. 05.MTCN, Form No. 06.MTCN, Form No. 07.MTCN, Form No. 08.MTCN, Form No. 09.MTCN, Form No. 10.MTCN, Form No. 11.MTCN, Form No. 12.MTCN, Form No. 13.MTCN, Form No. 14.MTCN, Form No. 15.MTCN according to the form in the Appendix issued with this Decree.
b) Amending and supplementing points a and b, clause 1 and adding clause 3, Section III Form No. 04.TACN Appendix I as follows:
“a) For establishments producing complete mixed feeds, concentrated feeds, and mixed supplementary feeds:
Do not add or remove assessment content as prescribed in Section I and Section II.
In case the production facility does not have its own equipment to mix premix ingredients before mixing with other raw materials or macro ingredients to form finished products (except in cases where the facility purchases premix from the manufacturer). other production and business establishments) specified in Point a, Clause 3, Section I of this Guide, the establishment must have documents proving the uniformity of these trace ingredients in the finished product.
In case a facility producing animal feed containing antibiotics does not have equipment or tools to mix veterinary drugs containing antibiotics before production as prescribed in Point a, Clause 9, Section I of this Guide, the facility shall There must be documents proving the uniformity of this antibiotic in the finished product;
b) For establishments producing traditional feed and supplementary feed: Depending on the production technology and nature of the animal feed product, the assessment team may reduce assessment criteria or change requirements. Requires the assessment and expertise of the technical person in charge but must ensure that the production facility can control product quality, safety and traceability. These contents must be recorded in the Evaluation Minutes. Particularly for microbial biomass fermentation production facilities, they must meet the regulations in Point d, Clause 3 of this Guide and must also have documents proving that the microbial strain is safe for livestock.
3. Handling assessment results
a) Evaluation and issuance of Certificate
The facility is requested to be granted a Certificate when the 100% assessment criteria meet the requirements;
b) Evaluate and monitor condition maintenance
The facility maintains its Certificate when the 100% assessment criteria meet the requirements.
The facility must temporarily stop production while waiting for solutions when there are 02 or more unmet criteria of type A or 07 or more unmet criteria.
The facility's Certificate will be revoked when it fails to overcome the unsatisfactory criteria recorded in the assessment record within the committed time."
c) Modify serial number 9, Section II, Appendix Table of contents for assessment of livestock conditions attached Form No. 04.DKCN Appendix I as follows:
“Performing the obligations of a farm livestock facility.”
d) Add the phrase "After issuance, please send 01 scanned copy of the Certificate to the Department of Livestock Production" and the phrase "In case of re-issuance of the Certificate, clearly state "This Certificate replaces the Certificate of Code number ….., date……”; The reissued Certificate Code does not change compared to the Certificate Code that was issued for the first time" in the notes section Form No. 05.DKCN Appendix I;
d) Change name Appendix IV as follows: “Allowable fluctuations in animal feed quality testing results; livestock waste treatment products serving state management.”
e) Add serial number 08 Appendix VIII as follows:
|
STT |
Pet name |
Latin name |
Subspecies name |
|
8 |
Black soldier flies |
Hermetia illucens |
Hermetia illucens |
Article 2. Replace and annul a number of phrases, points, clauses, articles, and Appendixes of Decree No 13/2020/ND-CP January 21, 2020 of the Government detailed instructions Law on Animal Husbandry
1. Replace the phrase "Copy of documents proving that environmental protection measures are in place, certified by a competent authority in accordance with the law on environmental protection" with the phrase "Description of information The facility has taken environmental protection measures according to the provisions of law" at point c number 4 Form number 02.TACN and serial number 3 Section II Form No. 02.DKCN.
2. Replace the phrase "Environmental protection plan" with the phrase "Environmental protection license" at Form No. 04.TACN, Form No. 03.DKCN and Form No. 04.DKCN Appendix I.
3. Repeal Point c Clause 3 Article 18, Point c Clause 4 Article 19, Form No. 01.MTCN Appendix I and Appendix IX.
4. Abolish the Conclusion content in the Appendix Form No. 05.TACN Appendix I.
5. Abolish the assessment content "Number of livestock units meeting the livestock density requirements of the province/city" in serial number 2, Section I, Part B Form No. 03.DKCN and serial number 2 Section I Appendix Table of contents for assessment of livestock conditions Form No. 04.DKCN Appendix I.
Article 3. Transitional regulations
1. Organizations and individuals who submit complete registration dossiers to handle administrative procedures for animal feed and import of live livestock before the effective date of this Decree shall apply according to the provisions of this Decree. Law on Animal Husbandry, detailed instructions documents Law on Animal Husbandry and relevant laws at the time of application. In cases where the provisions of this Decree are more favorable for organizations and individuals, they shall be resolved according to the provisions of this Decree.
2. Facilities manufacturing livestock waste treatment products operating before the effective date of this Decree may continue to operate and carry out procedures to be granted a Certificate of eligibility to produce treatment products. livestock waste management within 12 months from the effective date of this Decree.
3. Organizations and individuals that publish information about livestock waste treatment products containing new substances before the effective date of this Decree shall apply the provisions of Law on Animal Husbandry, detailed instructions documents Law on Animal Husbandry and relevant laws at the time of information disclosure.
4. Additional animal feed production facilities that have been granted a Certificate of eligibility for animal feed production before the effective date of this Decree are allowed to produce livestock waste treatment products on the market. along with additional animal feed production lines and equipment.
5. Facility that simultaneously produces supplementary animal feed and animal waste treatment products on the same production line; Products used simultaneously as animal feed and livestock waste treatment shall comply with the provisions of law on animal feed.
6. Products used simultaneously as supplementary animal feed and livestock waste treatment have been published information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development according to the provisions of law on Animal feed and animal waste treatment products are listed on the same label.
7. Archiving documents and records related to state inspection of imported animal feed quality; State inspection of the quality of imported livestock waste treatment products; Importing animal feed information that has not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development; Importing livestock waste treatment products containing new substances before the effective date of this Decree shall be carried out according to the provisions of Point c, Clause 2, Article 1 of this Decree.
8. State inspection of the quality of animal feed and livestock waste treatment products is carried out in accordance with the provisions of this Decree. In cases where this Decree does not stipulate, it shall comply with the provisions of law on product and goods quality and relevant provisions of law.
Article 4. Implementation effect
1. This Decree takes effect from the date of signing.
2. Clause 10, Article 1 of this Decree is implemented when the state inspection regulations on the quality of imported animal feed before customs clearance at Article 18 of Decree No. 13/2020/ND-CP is annulled.
3. State inspection of the quality of imported livestock waste treatment products is carried out from the date the National Technical Regulations on livestock waste treatment products take effect.
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Recipients: |
TM. GOVERNMENT Le Van Thanh |
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