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  List of Vietnam Law

Decree No. 13/2020/ND-CP dated January 21, 2020 of the Government on elaboration of the Law on animal husbandry

Date: 1/21/2020


 THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 13/2020/ND-CP
Hanoi, January 21, 2020
 
DECREE
ELABORATION OF THE LAW ON ANIMAL HUSBANDRY
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Animal Husbandry dated November 19, 2018;
At the request of the Minister of the Agriculture and Rural Development;
The Government hereby promulgates a Decree to elaborate the Law on Animal Husbandry.
Chapter I
GENERAL
Article 1. Scope
This Decree elaborates 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 and Clause 5 Article 78 of the Law on Animal Husbandry.
Article 2. Regulated entities
This Decree applies to every Vietnamese and foreign organization and individual (hereinafter referred to as the “entity”) involved in animal husbandry within the territory of Vietnam.
Article 3. Definitions
For the purposes of this Decree, the terms below shall be construed as follows:
1. main ingredients of complete feeds and concentrated feeds are crude protein and total lysine; main ingredients of complete feeds for ornamental animals are crude protein; main ingredients of other feeds and feed ingredients are determinants of useful effects and attributes of products which are specified by the manufacturers in the labels or attached technical documentation.
2. “safety criterion” means a criterion that defines maximum levels in feeds so as not to adversely affect livestock, humans and environment. Safety criteria for feeds include toxins, harmful microorganisms, heavy metals and other criteria specified in respective national technical regulations and relevant regulations of law.
3. “livestock facility” means a place where livestock is raised for growth and reproduction purpose. Livestock facilities include large, medium and small scale livestock farms; family farms.
4. “feed producer” means a facility that carries out one or all feed treatment and processing activities.
5. “livestock unit coefficient” means a constant applied to directly convert the number of cattle and poultry to livestock units.
6. “loudspeakers” mean a device for luring swiftlets, which is positioned at their entrances.
7. “swiftlet nest farm” means a farm that is newly built or renovated to raise swiftlets.
8. “artificial breeding of swiftlets” means the artificial hatching and raising of swiftlets.
9. “swiftlet products” include swiftlet’s nests, breeding eggs and studs.
10. “livestock waste treatment product” means a product whose physical, chemical and biological properties are used to treat livestock waste.
Article 4. General provisions on completion of administrative procedures specified in this Decree
1. Submission of documents serving administrative procedures: according to the methods for receipt of documents and returning of results adopted by the authority handling administrative procedures (hereinafter referred to as “the handling authority”), every entity shall submit 01 set of documents whether in person or by post or online (national single-window system, online public service, software, email or fax).
To be specific:
a) If documents are submitted in person or by post, the documents must be originals or certified true copies or copies presented together with their originals for comparison;
b) If documents are submitted online, the documents must be scanned or photocopied from the originals.
2. Time limit for replying to the adequacy of documents:
a) If documents are submitted in person, the handling authority shall inspect documents and give a response as soon as an entity submits the documents; if the documents are inadequate, return them to the entity for modification purpose.
b) If documents are submitted by post or online, within 03 working days from the receipt of the documents, the handling authority shall inspect their adequacy; if the documents are inadequate, it shall notify the entity.
3. Methods for paying fees and charges for completing administrative procedures: entities shall pay fees and charges in accordance with applicable regulations to the handling authority, whether in person or by wire transfer or another appropriate mean.
4. Methods for returning results: the handling authority shall return results directly at the document receipt area or by post or online.
5. In case any regulations herein are contrary to the regulations laid down in Clauses 1, 2, 3 and 4 of this Article, the former shall prevail.
6. Documents written in a foreign language shall be translated into Vietnamese language and notarized.
7. Entities shall take responsibility for the legitimacy of their submitted documents.
Chapter II
LIVESTOCK BREEDS
Article 5. Regulations on collection, conservation, utilization and development of livestock genetic resources
1. Livestock genetic resources shall be investigated and collected as follows:
a) The Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Natural Resources and Environment, Ministry of Science and Technology and ministries concerned in investigating, surveying, collecting and storing new-found livestock genetic resources;
b) The Ministry of Agriculture and Rural Development shall establish a council on initial appraisal of genetic resources, genetic nature and biological characteristics of new livestock genetic resources;
c) If a new livestock genetic resource is found, the slaughter, sale and destruction thereof are not allowed. The People’s Committee of the province where the new livestock genetic resource is found shall take measures to store and protect it and notify the Ministry of Agriculture and Rural Development thereof;
d) Entities are not allowed to export, research or use the new livestock genetic resource together with foreign entities before it is appraised by the Ministry of Agriculture and Rural Development.
2. Livestock genetic resources shall be conserved as follows:
a) Livestock genetic resources shall be conserved in accordance with regulations of law on biodiversity;
b) According to the appraisal results, the Ministry of Agriculture and Rural Development shall select the livestock genetic resources that are distinct from existing ones to conserve and include them in the national gene storage program, research and use them for breed selection, production and propagation, and update the national database of livestock genetic resources;
c) Every year, the Ministry of Agriculture and Rural Development shall prepare a plan for conservation of livestock genetic resources.
3. Livestock genetic resources shall be utilized and developed as follows:
a) For internal use and sale purpose, livestock genetic resources shall be utilized and developed;
b) Livestock genetic resources to be utilized and developed shall be removed from the list of conserved livestock genetic resources;
c) The Ministry of Agriculture and Rural Development shall take charge and cooperate with competent authorities in carrying out appraisal and grant approval for the utilization and development of livestock genetic resources;
d) Entities cooperating in researching and accessing livestock genetic resources shall comply with the Government’s Decree No. 59/2017/ND-CP dated May 12, 2017.
Article 6. List of livestock breeds in need of conservation
1. A livestock breed will be included in the list of livestock breeds in need of conservation if one of the following criteria is satisfied:
a) There has been a very small number of individuals or a very small number of groups sharing the same bloodline, thereby resulting in high risk of inbreeding depression;
b) There is an observed or estimated population size reduction of at least 50% over the last 05 years by the time of assessment or a population size reduction of at least 50%, projected to be met within the next 05 years.
2. The list of livestock breeds in need of conservation is provided in the Appendix II hereof.
3. The list of livestock breeds in need of conservation shall be updated as prescribed in Article 8 hereof.
Article 7. List of livestock breeds prohibited from export
1. A livestock breed will be included in the list of livestock breeds prohibited from export if the following criteria are satisfied:
a) Local livestock breeds carry rare and precious genetic resources;
b) It is indigenous and unique to Vietnam.
2. The list of livestock breeds prohibited from export is provided in the Appendix III hereof.
3. The list of livestock breeds prohibited from export shall be updated as prescribed in Article 8 hereof.
Article 8. Updating of the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export
1. Every year, the Ministry of Agriculture and Rural Development shall review and prepare documents concerning updating of the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export.
2. Documents include:
a) Results of review and assessment of the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export;
b) Entities’ application forms for inclusion or removal of livestock breeds in or from the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export (if any);
c) Information sheets on names of breeds and geographical distribution of livestock breeds to be included in or removed from the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export;
d) Description of necessity of inclusion or removal of livestock breeds in or from the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export.
3. The Ministry of Agriculture and Rural Development shall establish a council on appraisal of documents concerning updating of the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export. The council shall be composed of:
a) Department of Livestock Production and relevant units affiliated to the Ministry of Agriculture and Rural Development;
b) Representatives of the Ministry of Natural Resources and Environment;
c) Representatives of the Ministry of Science and Technology;
d) Experts on livestock breeds.
4. The Ministry of Agriculture and Rural Development shall, according to the appraisal result, request the Government to consider making amendments to the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export following reduced procedures.
Chapter III
FEEDS
Article 9. Conditions for feed production
1. Point c Clause 1 of Article 38 of the Law on Animal Husbandry is elaborated as follows:
Production lines and equipment in contact with feeds must be made of materials that are easily cleanable and do not cause cross-contamination and allow migration of toxic substances from equipment into feeds; areas where feeds are stored must be well ventilated and well lit to permit visual observation, and moisture-resistant measures must be in place to avoid affecting product quality; microbial biomass production facilities must have equipment for creating environment, storing and cultivating microorganisms.
2. Point dd Clause 1 of Article 38 of the Law on Animal Husbandry is elaborated as follows:
Feed producers must adopt measures to prevent impurities (grit, metal, dust) from contaminating products; measures to control and prevent animals from entering production and storage areas; measures to control mites; measures to collect and treat waste in order to avoid product contamination and ensure environmental safety; measures to provide protection for employees and visitors to production areas.
Article 10. Issuance, re-issuance and revocation of the Certificate of eligibility for commercial feed/order feed production
1. Authorities that have the power to issue, re-issue and revoke the Certificate of eligibility for commercial feed/order feed production:
a) The Department of Livestock Production shall issue, re-issue and revoke the Certificate of eligibility for feed production to feed additive producers; and producers of both feed additives and other feeds; producers of feeds intended for export at the request of the importing party;
b) Provincial Departments of Agriculture and Rural Development shall issue, re-issue and revoke the Certificate of eligibility for feed production to feed producers within their provinces, except for the case specified in Point a of this Clause.
2. An application for issuance of the Certificate of eligibility for feed production includes:
a) An application form, which is made using the Form No. 01.TACN in the Appendix I hereof;
b) A written explanation for satisfaction of conditions for feed production, which is made using the Form No. 02.TACN in the Appendix I hereof;
c) The producer’s quality control procedure for feed production, which is made using the Form No. 03.TACN in the Appendix I hereof;
d) A brief on the feed production procedure if the applicant is a producer of traditional feeds and single ingredients.
3. Procedures for issuance of the Certificate of eligibility for commercial feed/order feed production:
a) The applicant shall submit an application specified in Clause 2 of this Article to the competent authority mentioned in Clause 1 of this Article;
b) If the applicant is a producer of complete feeds, concentrated feeds or feed additives:
Within 10 working days from the receipt of the sufficient application, the competent authority shall appraise it.
If the application is unsatisfactory, the competent authority shall request the applicant to supplement and complete it.
If the application is satisfactory, within 20 working days, the competent authority shall establish an inspectorate responsible for site inspection of the applicant’s facility in accordance with Clause 2 Article 11 of this Decree and make a record using the Form No. 05.TACN in the Appendix I hereof.
If the applicant fails to satisfy the conditions, within 06 months from the date on which the inspection record is made, the applicant shall rectify deficiencies and submit a rectification report to the competent authority so that the appraisal and site inspection are carried out again (if necessary).
If the applicant satisfies all conditions, within 05 working days from the end of the site inspection, the competent authority shall issue the Certificate of eligibility for feed production using the Form No. 06.TACN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
c) If the producer that produces (produces, preliminarily processes and processes) commercial or ordered traditional feeds:
Within 10 working days from receipt of the sufficient application, the competent authority shall appraise it; if the application is satisfactory, the competent authority shall issue the Certificate of eligibility for feed production using the Form No. 06.TACN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
d) If the importing country requests a site inspection, the authority competent shall carry out it as prescribed in Point b of this Clause.
4. An application for re-issuance of the Certificate of eligibility for feed production includes:
a) An application form, which is made using the Form No. 01.TACN in the Appendix I hereof;
b) Documentary evidence for changes in case of change of information relating to the applicant (name of the applicant, address of the production facility and headquarters address) specified in the Certificate.
5. Procedures for re-issuance of the Certificate of eligibility for feed production:
a) The applicant shall submit an application specified in Clause 4 of this Article to the competent authority mentioned in Clause 1 of this Article;
b) Within 05 working days from receipt of the satisfactory application, the competent authority shall re-issue the Certificate of eligibility for feed production using the Form No. 06.TACN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
6. If the applicant has been issued with the Certificate of eligibility for feed production but changes its/his/her production facility, the applicant shall follow the procedures set forth in Clause 3 of this Article.
7. Revocation of the Certificate of eligibility for feed production:
The competent authority specified in Clause 1 of this Article shall impose administrative penalties, issue the decision to revoke the Certificate of eligibility for feed production and publish it via the mass media in the following cases:
a) The producer commits the violations specified in Points a and c Clause 3 Article 39 of the Law on Animal Husbandry:
b) The producer no longer satisfies the conditions specified in Clause 1 Article 38 of the Law on Animal Husbandry and Article 9 of this Decree but fails to take corrective actions within the prescribed time limit.
8. Producers that produce (produce, preliminarily process and process) commercial traditional feeds at households and household businesses are not required to obtain the Certificate of eligibility for feed production.
9. The costs of carrying out inspections intended for serving the issuance and re-issuance of the Certificate of eligibility for feed production and inspections of maintenance of satisfaction of conditions for feed production shall be covered by entities in accordance with regulations of the Law on Fees and Charges.
Article 11. Site inspections of satisfaction of conditions for feed production
1. The scope of work will include the following elements:
a) Inspection of satisfaction of conditions for feed production for the purpose of issuing the Certificate of eligibility for feed production;
b) Inspection of maintenance of satisfaction of conditions for feed production.
2. Contents of a site inspection are provided in the Form No. 04.TACN in the Appendix I hereof.
3. The competent authority specified in Clause 1 Article 10 of this Decree shall establish an inspectorate responsible for site inspection of the feed producer. The inspectorate shall be composed of the chief and members who are required to satisfy the following requirements:
a) Regarding the chief, he/she must be holding the position of a department manager or higher or be an official having at least 05 years’ experience in state management of feeds;
b) Regarding members, there must be at least 01 member offered a training course on site inspection of feed production facilities organized by the Department of Livestock Production; and at least 01 member obtaining at least a bachelor’s degree in animal husbandry.
4. Site inspection of satisfaction of conditions for feed production by a feed production facility means the act of carrying out an observation of the site; considering and searching for records and documents; and carrying out other relevant activities.
5. Frequency of inspection of maintenance of satisfaction of conditions for feed production:
a) The inspection of maintenance of satisfaction of conditions for feed production shall be carried out every 24 months.  Regarding the facility specified in Point c Clause 3 Article 10 hereof, carry out an initial inspection within 12 months from the date on which the Certificate of eligibility for feed production is issued;
b) If the feed production facility has been issued with the Certificate of ISO Quality Management System, Certificate of GMP compliance, HACCP Certificate or equivalent certificate, the site inspection shall be carried out every 36 months;
c) If the facility is suspected of violating regulations on feeds, the competent authority shall carry out an unexpected inspection.
Article 12. Feeds containing antibiotics
1. Criteria applied to young domestic animals permitted to use feeds containing antibiotics for animal disease prevention:
a) Piglets must weigh up to 25 kg or must be from birth to 60 days of age;
b) Chickens, ducks, swans and quails must be from 01 to 21 days of age;
c) Rabbits must be from birth to 30 days of age;
d) Buffalo and cow calves must be from birth to 06 months of age.
2. Antibiotics shall be only used to produce complete feeds for cattle and poultry and concentrate feeds for grass-fed cattle.
3. Antibiotics shall be used for prevention of livestock diseases as follows:
a) If a veterinary drug that contains an antibiotic on the WHO list of critically important antimicrobials for human medicine has been licensed for free sale for the purpose of livestock disease prevention, it may be sold and used until December 31, 2020;
b) If a veterinary drug that contains an antibiotic on the WHO list of critically important antimicrobials for human medicine has been licensed for free sale for the purpose of livestock disease prevention, it may be sold and used December 31, 2021;
c) If a veterinary drug that contains an antibiotic on the WHO list of critically important antimicrobials for human medicine has been licensed for free sale for the purpose of livestock disease prevention, it may be sold and used until December 31, 2022;
d) If a veterinary drug that contains an antibiotic is not the one specified in Points a, b or c of this Clause and has been licensed for free sale for the purpose of livestock disease prevention, it may be sold and used until December 31, 2025.
4. The Ministry of Agriculture and Rural Development shall publish the list of antibiotics mentioned in Points a, b and c Clause 3 of this Article.
Article 13. Import of feeds not declared on the web portal of the Ministry of Agriculture and Rural Development
1. Licensing authority:
The Department of Livestock Production shall license the import of feeds not declared on the web portal of the Ministry of Agriculture and Rural Development for display at fairs or exhibitions, adaptive nurturing, research, testing, use as samples in testing laboratories or production and processing of exported products.
2. An application for import of feeds for display at a fair or exhibition includes:
a) An application form, which is made using the Form No. 07.TACN in the Appendix I hereof;
b) Documentary evidence for organization of and participation in the fair or exhibition in Vietnam.
3. An application for import of feeds for adaptive nurturing includes:
a) An application form, which is made using the Form No. 07.TACN in the Appendix I hereof;
b) The applicant’s list of livestock, number of livestock nurtured for adaptive, nurturing period, place and purpose of nurturing.
4. An application for import of feeds serving research or testing purposes includes:
a) An application form, which is made using the Form No. 07.TACN in the Appendix I hereof;
b) A research or testing proposal, which is made using the Form No. 08.TACN in the Appendix I hereof;
5. An application for import of feeds as samples in a testing laboratory includes:
a) An application form, which is made using the Form No. 07.TACN in the Appendix I hereof;
b) The written agreement on use of the analysis service between a testing laboratory or a domestic enterprise on the one side, and a testing laboratory or enterprise or entity vested with regulatory authority over feeds of a country of origin on the other side, under which both parties agree that imported animal and aqua feeds are used for non-commercial purposes.
6. An application for import of feeds used for manufacturing and processing of exported products includes:
a) An application form, which is made using the Form No. 07.TACN in the Appendix I hereof;
b) A contract for manufacturing and processing of feeds for export purposes as conformable to Vietnam’s laws and regulations on import of goods to be used for manufacturing and processing of exported products.
7. Procedures for licensing import of feeds not declared on the web portal of the Ministry of Agriculture and Rural Development:
a) The applicant shall submit an application specified in Clauses 2, 3, 4, 5 or 6 of this Article to the Department of Livestock Production.
b) Within 15 working days from receipt of the satisfactory application, the Department of Livestock Production shall issue the license to import feeds using the Form No. 09.TACN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
Article 14. Carrying out inspection for accreditation of testing methods adopted by the exporting country's testing laboratories
1. A feed testing method adopted by a testing laboratory of the exporting country shall be accredited by the Department of Livestock Production if the following conditions are satisfied:
a) The testing method is accredited by the national accreditation body or international accreditation body certifying the quality management system conformable with ISO/IEC 17025 or designated or accredited by an exporting country's competent authority with an accreditation scope of feeds or foods;
b) There should be machinery, equipment and implements conformable with the testing method and ISO/IEC 17025;
c) There should be a feed testing method whose use value has been validated and certified.
2. Any feed importer that wishes to accredit a feed testing method adopted by an exporting country’s testing laboratory shall submit an application to the Department of Livestock Production. The application includes:
a) An application form, which is made using the Form No. 10.TACN in the Appendix I hereof;
b) The exporting country’s certificate of testing laboratory whose quality management system has been certified conformable with ISO/IEC 17025 or a document stating the testing laboratory designation or accreditation, which is issued by the exporting country's competent authority;
c) A list of testing machinery and equipment conformable with the testing method, containing at least: name of the machinery and equipment; the date on which such machinery and equipment are put into operation, verified and calibrated, enclosed with the unexpired certificate of verification/calibration provided by the exporting country's testing facility;
d) Testing procedures and documents concerning validation and certification of use value of the testing method through the feed samples provided by the exporting country;
dd) Proficiency testing or inter-laboratory comparison results (if any) provided by the exporting country’s testing laboratory.
3. Procedures for accreditation of a feed testing method of the exporting country’s testing laboratory:
Within 30 days from the receipt of the sufficient application, the Department of Livestock Production shall appraise it and carry out a site inspection of the testing laboratory (if necessary). If the appraisal and inspection results are satisfactory, the Department of Livestock Production shall issue the decision on feed testing method accreditation; if the application is rejected, respond the applicant and provide explanation in writing.
The effective period of the accreditation decision is up to 03 years.
4. An inspectorate responsible for site inspection of a testing laboratory includes the Department of Livestock Production, relevant units and technical experts.
Article 15. Carrying out inspection for accreditation of testing procedures and feeds of exporting countries
1. Any importer of a feed that is required to be tested as prescribed in Clause 2 Article 37 of the Law on Animal Husbandry wishes to accredit any testing procedure and feed of the exporting country shall submit an application to the Department of Livestock Production. The application includes;
a) An application form, which is made using the Form No. 11.TACN in the Appendix I hereof;
b) A description of competence of the feed testing facility specified in Clause 3 Article 37 of the Law on Animal Husbandry, which is provided by the exporting country’s testing facility;
c) The feed testing procedure prepared using the Form No. 08.TACN in the Appendix I hereof, which is provided by the exporting country’s testing facility;
d) A report on feed testing prepared according to the testing procedure and other relevant technical documents, which is provided by the exporting country’s testing facility.
2. Procedures for accreditation of the exporting country’s testing procedure and feed:
Within 30 days from the receipt of the sufficient application, the Department of Livestock Production shall appraise it and carry out a site inspection at the exporting country (if necessary). If the appraisal and inspection results are satisfactory, the Department of Livestock Production shall issue the decision on feed testing procedure and feed accreditation; if the application is rejected, respond the applicant and provide explanation in writing.
3. An inspectorate responsible for site inspection includes the Department of Livestock Production, relevant units and technical experts.
Article 16. Carrying out inspection at the feed exporting country
1. If any potential risk to quality or risk of contamination of feeds imported into Vietnam is found, the Department of Livestock Production shall cooperate with relevant units in establishing an inspectorate responsible for carrying out an inspection at the exporting country.
2. The scope of work will include the following contents: relevant legislative documents, system for organizing implementation thereof, conditions for feed production, testing laboratories.
3. According to the inspection result, the Department of Livestock Production shall issue a decision to take actions against each specific case.
Article 17. State inspection of quality of domestically produced and sold feeds
1. Inspecting authorities:
a) The Department of Livestock Production shall carry out inspections nationwide;
b) Provincial Department of Agriculture and Rural Development shall carry out inspections within their provinces.
2. Contents of an inspection:
a) Contents of a state inspection of quality of commercial feeds domestically produced and sold are specified in Clause 2 Article 43 of the Law on Animal Husbandry;
b) Contents of a state inspection of quality of recalled or returned feeds include inspection of conformity of criteria specified in the standard applied, safety criteria specified in respective national technical regulations and other relevant regulations. In the case of non-conformity, the entity shall handle the feeds as prescribed in Article 20 hereof.
Article 18. State inspection of quality of imported feeds
1. The inspecting authority is the Ministry of Agriculture and Rural Development.
2. The following inspection methods shall be adopted:
a) Regarding traditional and complete feeds: The state inspection of quality thereof shall be carried out according to the conformity self-assessment result provided by the entity or conformity certification result provided by the registered certification body or certification result provided by the certification body designated to certify conformity of feeds in accordance with regulations of law.
If traditional and complete feeds that are being on the market are found failing to ensure quality, thereby threatening human and domestic animal safety and environment or there is any complaint about or denunciation of the quality or production, the state inspection of quality shall be carried out according to the certification result provided by the certification body designated to certify conformity of feeds in accordance with regulations of law. The inspecting authority shall specify the inspection method in the certificate of registration of imported feed quality with respect to traditional and complete feeds in this case;
b) Regarding feeds other than those specified in Point a of this Clause: The state inspection of quality thereof shall be carried out according to the certification result provided by the certification body designated to certify conformity of feeds;
c) Regarding batches of imported feeds for which quality and safety criteria have been tested at the exporting country’s testing laboratory satisfying the condition set forth in Clause 1 Article 14 of this Article, the result of such criteria testing shall be accredited upon state inspection of quality of imported feeds.
3. An application for state inspection of quality of imported feeds includes:
a) An application form, which is made using the Form No. 12.TACN in the Appendix I hereof;
b) The sale contract; packing list; invoice; Certificate of Analysis; product labels of the producer; applied standard declaration of the importer;
c) The Certificate of Free Sale or equivalent document issued by the competent of the country of origin in the case of single ingredients and traditional feeds;
d) One of the following documents: Certificate of ISO Quality Management System, Certificate of GMP compliance, HACCP Certificate or equivalent certificate of the producer in the case of single ingredients.
If the documents specified in Points b, c and d of this Clause are written in English language, they are not required to be translated into Vietnamese language.
4. Procedures for state inspection of imported feeds shall comply with the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 (hereinafter referred to as the “Decree No. 74/2018/ND-CP”); Government’s Decree No. 154/2018/ND-CP dated November 09, 2018 (hereinafter referred to as the “Decree No. 154/2018/ND-CP”).
5. Reduced state inspection or exemption from state inspection of quality of imported feeds:
a) The reduced state inspection or exemption from state inspection of quality of imported feeds shall comply with Clause 3 Article 1 of the Decree No. 74/2018/ND-CP and Clause 3 Article 4 of the Decree No. 154/2018/ND-CP .
The time limit for reduced state inspection or exemption from state inspection of quality of imported feeds is 01 year;
b) During the reduced state inspection or exemption from state inspection, entities shall themselves update information about imported feed batches on the National Single Window Portal of the Ministry of Agriculture and Rural Development prior to customs clearance.
Documents to be updated include those specified in Clause 3 of this Article and inspecting authority’s document stating that the product is eligible for reduced state inspection or exemption from state inspection of quality of imported feeds.
After the updating is done, entities are entitled to follow customs clearance procedures and take responsibility for their documents and product quality;
c) The assessment and supervision of batches of feeds eligible for reduced state inspection or exemption from state inspection of quality shall comply with Clause 3 Article 1 of the Decree No. 74/2018/ND-CP and Clause 3 Article 4 of the Decree No. 154/2018/ND-CP .
Article 19. Handling of results of feed quality testing
1. The feed quality testing result is the product sample testing result given by the designated testing laboratory after calculating the permissible tolerance prescribed in the Appendix IV hereof.
2. The feed sample testing serving state management shall be conducted before the expiry date of a batch of products whose samples are collected.
3. In case the testing result is unsatisfactory:
a) Within 03 working days from the date on which the testing result is received, the inspecting authority shall send a test report to the entity by post or online;
b) Within 07 working days from the date on which test report is received, if the entity does not complain about the testing result, the inspecting authority shall impose penalties as prescribed.
4. Settlement of complaints about the testing result:
a) The entity that does not agree with the testing result is entitled to file a complaint with the inspecting authority.
The inspecting authority shall use the stored sample or collect a new sample to test the criteria against which the complaint is filed at another designated testing laboratory. The result of this testing shall serve as the basis for drawing a final conclusion;
b) If a entity file a complaint about the result of the testing carried out by the only testing laboratory designated in Vietnam, the inspecting authority may send samples to a foreign testing laboratory that has been accredited by an international or regional body or Department of Livestock Production. The result of this testing shall serve as the basis for drawing a final conclusion;
c) If the batch has expired, the first testing result shall serve as the basis for drawing a final conclusion;
d) The costs of handling complaints about testing results shall be covered by entities.
Article 20. Handling of feeds violating regulations on feed quality
1. A feed that violates regulations on feed quality (hereinafter referred to as “violating feed”) shall be handled using one or more methods below:
a) Enforced re-export: If an entity that has a violating feed is liable for feed re-export, such entity shall follow re-export procedures in accordance with regulations of the law on customs and other relevant regulations of law, and submit the re-export documentation to the authority responsible for state inspection of feed quality (hereinafter referred to as the “inspecting authority”).
b) Enforce destruction: If an entity that has a violating feed is liable for feed destruction, such entity shall sign a contract with an entity licensed to destroy violating goods. The contract shall clearly specify the destruction method in order for the inspecting authority to carry out the supervision.
c) Enforced recycling: If an entity that has a violating feed is liable for feed recycling, such entity shall recycle the feed using an appropriate method in accordance with regulations of law, ensuring that the quality of the recycled feed must be conformable with the applied quality standard and respective national technical regulation; notify the inspecting authority of the recycling plan and result for supervision purpose;
d) Enforced repurposing: If an entity that has a violating feed is liable for feed repurposing, such entity shall repurpose the feed using an appropriate method in accordance with regulations of law; notify the inspecting authority of the repurposing plan and result for supervision purpose;
dd) Enforced correction of information: If an entity that has a violating feed is liable for information correction, such entity shall specify the corrected information about the product in the label or enclosed documents before its marketing or use.
2. Supervision of violating feed destruction shall be carried out as follows:
a) Every provincial Department of Agriculture and Rural Development shall supervise the violating feed destruction within its province, make a supervision record as prescribed in Point b of this Clause within its power and carry out supervision as requested by the inspecting authority affiliated to the Ministry of Agriculture and Rural Development;
b) A supervision record shall contain the following information: legal bases and reasons for destruction; date and place of destruction; participants; names, types, origin, number and status of feeds; destruction methods and other necessary information.
The destruction record shall be certified by representatives of parties involved in the supervision and entities whose feeds are destroyed.
3. If an entity that has violating feeds is liable for the handling methods specified in Clause 1 of this Article, such entity shall incur all costs in connection with the handling.
4. If a feed owner fails to be identified, the provincial People's Committee shall handle the violating feeds and cover the costs incurred.
Chapter IV
LIVESTOCK PRODUCTION CONDITIONS
Article 21. Livestock production scale
1. Rules for determining livestock production scale
a) The scale of production of cattle and poultry is determined according to the number of livestock units at a livestock facility at the same time;
b) The scale of production of other livestock is determined according to the number of livestock at a livestock facility at the same time;
c) If a livestock facility houses cattle, poultry and other livestock, the livestock production scale is total number of livestock units and number of other livestock of each type.
2. The livestock production scale is determined as follows:
a) Livestock units ≥ 300: Large-scale farming;
b) 30 ≤ livestock units < 300: Medium-scale farming;
c) 10 ≤ livestock units < 30: Small-scale farming;
d) Livestock units < 10: Family farming.
3. The livestock production scale shall be managed as follows:
a) Large-scale farming shall be managed as prescribed in Articles 23 and 24 hereof;
b) Medium- and small-scale farming shall be managed as prescribed in Clause 1 Article 55 and Clause 2 Article 57 of the Law on Animal Husbandry.
In case any violation is committed, medium- and small-scale farm shall undertake to rectify it and satisfy conditions for livestock production within 06 months from the date on which the violation is found, and send a rectification report to the provincial Department of Agriculture and Rural Development within its area. The provincial Department of Agriculture and Rural Development shall carry out a site inspection if necessary.
The provincial Department of Agriculture and Rural Development shall inspect the satisfaction of conditions for livestock production by the medium- and small-scale farm. The inspection frequency is every 03 years;
c) Family farming shall be managed as prescribed in Article 56 and Clause 2 Article 57 of the Law on Animal Husbandry.
4. Livestock unit coefficients are determined as follows:
a) Livestock unit coefficients are used as the basis for converting numbers of livestock into livestock units.
b) Livestock unit coefficients and formula for converting numbers of livestock into livestock units are provided in the Appendix V hereof.
5. In case the livestock production scale and livestock unit coefficients need revising, the Ministry of Agriculture and Rural Development shall request the Government to consider and decide the revision according to simplified procedures.
Article 22. Regional livestock density
1. The agricultural land area as the basis for determining livestock density is the total area of types of agricultural land in accordance with regulations of the Land Law.
2. Provinces and central-affiliated cities are classified into the following regions to serve the determination of livestock density:
a) Red River Delta region, including the following provinces and cities: Hanoi, Vinh Phuc, Bac Ninh, Quang Ninh, Hai Duong, Hai Phong, Hung Yen, Thai Binh, Ha Nam, Nam Dinh and Ninh Binh;
b) The Northern Midland and Mountainous region, including the following 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 and Hoa Binh;
c) The North and Central Coast regions, including the following 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 and Binh Thuan;
d) The Central Highlands region, including the following provinces: Kon Tum, Gia Lai, Dak Lak, Dak Nong and Lam Dong;
dd) The Southeast region, including the following provinces and provinces: Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria - Vung Tau and Ho Chi Minh City;
e) The Mekong River Delta region, including the following 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 and Ca Mau.
3. The regional livestock density is provided in the Appendix IV hereof.
4. According to the livestock development strategy, livestock technologies and ecological environment, provincial People’s Committees shall decide the livestock density within their province, but not exceeding the regional livestock density specified in Clause 3 of this Article.
5. In case the regional livestock density needs revising, the Ministry of Agriculture and Rural Development shall request the Government to consider and decide the revision according to simplified procedures.
Article 23. Issuance, re-issuance and revocation of certificates of eligibility of large-scale livestock farms for livestock production
1. Authorities that have the power to issue, re-issue and revoke certificates of eligibility of large-scale livestock farms for livestock production:
a) Provincial Departments of Agriculture and Rural Development shall issue, re-issue and revoke certificates of eligibility of large-scale livestock farms for livestock production within their provinces;
b) If a large-scale livestock farm is located within at least two provinces, the Department of Agriculture and Rural Development of the province where the entity applies for investment registration shall issue, re-issue and revoke the certificate of eligibility of such large-scale livestock farm for livestock production.
2. An application for issuance of the certificate of eligibility of a large-scale livestock farm for livestock production includes:
a) An application form, which is made using the Form No. 01.DKCN in the Appendix I hereof;
b) A written explanation for satisfaction of conditions for livestock production, which is made using the Form No. 02.DKCN in the Appendix I hereof.
3. Procedures for issuance of the certificate of eligibility of a large-scale livestock farm for livestock production:
a) The applicant shall submit an application specified in Clause 2 of this Article to the competent authority mentioned in Clause 1 of this Article;
b) Within 10 working days from the receipt of the sufficient application, the competent authority shall appraise it.
If the application is unsatisfactory, the competent authority shall request the applicant to supplement and complete it.
If the application is satisfactory, within 20 working days, the competent authority shall establish an inspectorate responsible for site inspection of the large-scale livestock farm in accordance with Article 24 of this Decree.
If the applicant fails to satisfy the conditions, within 06 months from the date on which the inspection record is made, the applicant shall rectify deficiencies and submit a rectification report to the competent authority so that the appraisal and site inspection are carried out again (if necessary).
If the applicant satisfies all conditions, within 05 working days from the end of the site inspection, the competent authority shall issue the Certificate of eligibility for livestock production using the Form No. 05.DKCN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
4. An application for re-issuance of the certificate of eligibility of a large-scale livestock farm for livestock production includes:
a) An application form, which is made using the Form No. 01.DKCN in the Appendix I hereof;
b) Documentary evidence for changes in case of change of information relating to the applicant specified in the Certificate;
c) The issued certificate of eligibility for livestock production, except for the case in which it is lost.
5. Procedures for re-issuance of the certificate of eligibility of a large-scale livestock farm for livestock production:
a) The applicant shall submit an application specified in Clause 4 of this Article to the competent authority mentioned in Clause 1 of this Article;
b) Within 05 working days from receipt of the satisfactory application, the competent authority shall re-issue the Certificate of eligibility of a large-scale livestock farm for livestock production using the Form No. 05.DKCN in the Appendix I hereof; if the application is rejected, respond the applicant and provide explanation in writing.
6. The competent authority specified in Clause 1 of this Article shall impose administrative penalties, issue the decision to revoke the Certificate of eligibility of a large-scale livestock farm for livestock production, notify the Department of Livestock Production and publish the decision via the mass media in the following cases:
a) The large-scale livestock farm commits the violations specified in Points a and c Clause 3 Article 58 of the Law on Animal Husbandry;
b) The large-scale livestock farm no longer satisfies the conditions specified in Clause 1 Article 55 of the Law on Animal Husbandry but fails to take corrective actions within the prescribed time limit.
7. The costs of carrying out inspections intended for serving the issuance and re-issuance of the Certificate of eligibility for livestock production and inspections of maintenance of large-scale livestock farms’ satisfaction of conditions for livestock production shall comply with regulations of the Law on Fees and Charges.
Article 24. Inspection of satisfaction of conditions for large-scale farming
1. Contents of an inspection carried out to serve the issuance of the certificate of eligibility of a large-scale livestock farm for livestock production:
a) Assessment of the application;
b) Site inspection of the farm in respect of its compliance with the regulation laid down in Clause 1 Article 55 of the Law on Animal Husbandry, which shall be carried out under the guidance provided in the Form No. 03.DKCN, preparation of an inspection record according to the Form No. 04.DKCN in the Appendix I hereof.
2. The competent authority specified in Clause 1 Article 23 of this Decree shall establish an inspectorate responsible for site inspection of the large-scale livestock farm. The inspectorate shall be composed of:
a) the chief who must be holding the position of a department manager or higher or be an official having at least 05 years’ experience in animal husbandry;
b) at least 01 member who has been offered a training course on site inspection of livestock facilities organized by the Department of Livestock Production;
c) at least 01 member who obtains at least a bachelor’s degree in animal husbandry.
3. Contents of an inspection of maintenance of satisfaction of a large-scale livestock farm of conditions for livestock production:
a) Inspection of maintenance of the farm’s satisfaction of actual conditions specified in Clause 1 Article 55 of the Law on Animal Husbandry;
b) Inspection of the farm’s fulfillment of the obligations specified in Clause 2 Article 57 of the Law on Animal Husbandry.
4. The inspection of maintenance of large-scale livestock farms’ satisfaction of conditions for livestock production shall be carried out every 24 months.
If the farm is suspected of violating regulations on conditions for livestock production, the competent authority specified in Clause 5 of this Article shall carry out an unexpected inspection.
5. Provincial Departments of Agriculture and Rural Development shall carry out inspections of maintenance of large-scale livestock farms’ satisfaction of conditions for livestock production within their provinces.
If necessary, the Department of Livestock Production shall take charge and cooperate with provincial Departments of Agriculture and Rural Development in carrying out inspections of maintenance of large-scale livestock farms’ satisfaction of conditions for livestock production within their provinces.
Article 25. Management of swiftlet breeding
1. Regarding swiftlet breeding areas:
a) The provincial People’s Council shall request the provincial People’s Committee to decide the swiftlet breeding areas;
b) A swiftlet breeding area shall be relevant to swiftlet behaviors and local socio - economic conditions and shall not affect life of residents.
2. Regarding swiftlet breeding facilities:
a) Swiftlet nest farms and equipment used for swiftlet breeding must be relevant to swiftlet behaviors.
The swiftlet nest farms operating before the effective date of this Decree but failing to comply with the regulation laid down in Point a Clause 1 of this Article shall remain intact and not be expanded;
b) Sufficient water that ensures quality shall be provided for swiftlet breeding and measures shall be taken to protect the environment in accordance with regulations of the law on environmental protection;
c) Records shall be in place to contain information about swiftlet breeding, preliminary processing and storage of swiftlet nests, thereby facilitating the tracing of swiftlet products;
d) Sounding device used to lure swiftlets must have a sound intensity not exceeding than 70 dBA (decibel A) measured at the loudspeaker’s mouth; loudspeakers used to lure swiftlets shall be active only from 5:00 to 11:30 and from 13:30 to 19:00 every day, except for the case specified in Point d of this Clause;
dd) The swiftlet nest farms operating before the effective date of this Decree but failing to comply with the regulation laid down in Point a Clause 1 of this, swiftlet nest farms located in populated areas and swiftlet nest farms that are less than 300 m away from populated areas are not allowed to use loudspeakers;
e) It is not allowed to hunt and lure swiftlets for any purposes other than raising of swiftlets for their nests and scientific research.
3. Entities involved in exploitation, preliminary processing and storage of swiftlet nests shall comply with the following requirements:
a) Technical procedures for exploitation, preliminary processing and storage of swiftlet nests shall be promulgated and adopted;
b) Areas and premises used for preliminary processing and storage of swiftlet nests must be located away from contamination sources and comply with requirements for contamination control;
c) Appropriate measures shall be taken to control and prevent harmful organisms from entering areas for preliminary processing and storage of swiftlet nests;
d) Water used for preliminary processing of swiftlet nests meets domestic water standards;
dd) Swiftlet nests after preliminary processing must comply with technical requirements provided in the Appendix VII hereof.
Article 26. Management of sika deer raising
1. According to the raising scale, every sika deer raising facility shall satisfy the conditions laid down in Clause 1, Clause 2 Article 55 or Article 56 of the Law on Animal Husbandry and the following requirements:
a) The raising farm must be designed in a manner that ensures sika deer’s lives are as natural as possible;
b) Sika deer studs must be sourced from legal sika deer raising facilities;
c) Stud production facilities must keep records of individuals and pedigree of sika deer.
2. Entities involved in exploitation and storage of deer antlers shall comply with the following requirements:
a) Take measures to provide pain relief upon deer antler removal;
b) Store deer antlers after removal in accordance with regulations on food safety;
c) Keep records of deer antler exploitation and storage to facilitate the tracing.
Article 27. List of other animals permitted for raising
1. The list of other animals permitted for raising is provided in the Appendix VIII hereof.
2. The Ministry of Agriculture and Rural Development shall take charge and cooperate with the Ministry of Natural Resources and Environment in reviewing, assessing and request the Government to consider and decide to amend the List of other animals permitted for raising every 03 years or at the request of entities according to simplified procedures.
Chapter V
IMPORT OF ANIMAL PRODUCTS AND LIVE LIVESTOCK
Article 28. Import of animal products
1. Imported animal products that pose a high risk of infection or contamination include:
a) Products of domestic animals on the List of terrestrial animals and products thereof subject to risk analysis before being imported into Vietnam prescribed in Article 37 of the Law on Veterinary Medicine;
b) Animal products subject to analysis of risks to food safety prescribed in Article 49 of the Law on Food Safety;
c) Animal products sourced from livestock facilities and processing and storage facilities that are suspected of or found using banned substances;
d) Animal products preliminarily processed, packaged and stored at facilities that are suspected of or found being contaminated by substances harmful to consumers' health;
dd) Animal products imported into Vietnam through intermediary countries.
2. The Ministry of Agriculture and Rural Development shall take charge and cooperate with relevant units in inspecting facilities that produce and provide animal products at the exporting country before importing thereof in the case specified in Clause 1 of this Article in accordance with regulations laid down in the Government’s Decree No. 35/2016/ND-CP dated May 15, 2016 and Decree No. 15/2018/ND-CP dated February 02, 2018.
Article 29. Import of live livestock
1. Live livestock imported as food shall comply with the following requirements:
a) The livestock shall be certified by the competent authority of the country of origin to be used as food;
b) Banned substances are not used during the livestock production in accordance with Vietnam’s laws;
c) The requirements laid down in Clause 1 Article 11 of the Law on Veterinary Medicine shall be complied with.
2. Unless otherwise prescribed by an agreement between Vietnam and a foreign country, border checkpoints that receive live livestock imported to Vietnam include:
a) Noi Bai, Da Nang and Tan Son Nhat International airports.
b) 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 Tinh), Lao Bao (Quang Tri), Moc Bai (Tay Ninh) and Moc Hoa (Long An) border checkpoints.
c) Cai Lan (Quang Ninh), Hai Phong, Cua Lo (Nghe An), Da Nang, Quy Nhon (Binh Dinh), Cat Lai (Ho Chi Minh City) and Cai Mep (Ba Ria - Vung Tau) ports.
Chapter VI
LIVESTOCK WASTE TREATMENT
Article 30. Livestock waste treatment products sold on the market
1. Entities producing and selling livestock waste treatment products must declare their applied standards in accordance with regulations of the Law on Quality of Products and Goods.
Livestock waste treatment product specifications to be included in the applied standards are provided in the Appendix IX hereof.
2. Entities shall themselves publish their product information on the web portal of the Ministry of Agriculture and Rural Development before selling their products on the market.
While the database used for self-declaration of product information is being developed, entities shall send product information to the Department of Livestock Production, which will consolidate and post it on the web portal of the Ministry of Agriculture and Rural Development.
3. The documents concerning declaration of information about a domestically produced livestock waste treatment product include:
a) Information about the livestock waste treatment product producer (its name, location and contact information);
b) The applied standard specified in Clause 1 of this Article;
c) A product quality test report, which is issued within 12 months before the date of declaring information by the testing laboratory issued with the certificate of registration of testing services;
d) A sample label in accordance with regulations of law on goods label;
dd) A report on testing of the livestock waste treatment product produced in Vietnam for the first time containing an untested new substance or an academic council’s record of assessment and commissioning of the product that is the result of a ministerial- or national-level research project that has been recognized or licensed by the competent authority;
e) A protection certificate or commitment to maintain compliance with regulations on intellectual property for products covered by the certificate of registration applied for.
4. The documents concerning declaration of information about an imported livestock waste treatment product include:
a) Information about the livestock waste treatment product producer (its name, location and contact information);
b) The Certificate of Free Sale or equivalent document issued by the competent of the country of origin;
c) Information about the ingredients, uses, instructions for use, which is provided by the producer;
b) Declaration of standard applied to the exporter’s product, which is written in Vietnamese language;
dd) A product label provided by the producer; enclosed with a secondary label written in Vietnamese language;
e) A test report, which is issued within 12 months before the date of declaring information by the testing laboratory issued with the certificate of registration of testing services;
g) A report on testing of the product imported into Vietnam for the first time containing a new substance that has not undergone testing in Vietnam.
5. In case of change of information about the livestock waste treatment product, every entity shall itself/himself/herself update changes to the web portal of the Ministry of Agriculture and Rural Development.
Article 31. Testing of livestock waste treatment products
1. If a livestock waste treatment products produced or imported into Vietnam for the first time contains a new substance that has not undergone testing in Vietnam, it shall be tested before the declaration; except for the product that is sourced from the result of a ministerial- or national-level science and technology task that has been recognized.
2. Entities shall conduct testing at a testing facility that satisfies the following requirements:
a) There should be infrastructure and equipment that satisfy requirements for testing of each type of livestock waste treatment product;
b) The technical staff must obtain at least a bachelor’s degree in animal husbandry, veterinary medicine, chemistry, biotechnology or environmental technology;
c) It is required to contract an unit that has a testing laboratory issued with certificate of registration of testing services;
d) If the testing facility tests microbial products used to treat livestock waste, it is required to have freezers and ultra low temperature freezers to store microorganisms.
3. Contents of the testing:
a) Assessment of ingredients and quality of products according to the applied standards;
b) Assessment of health safety of humans and animals, environmental safety during the use of products;
c) Assessment of product effectiveness.
4. The testing facility shall prepare a product testing report using the Form No. 01.MTCN in the Appendix I hereof.
5. The testing facility shall keep testing records within 03 years after the end of the testing.
Article 32. Producers of livestock waste treatment products
A producer of livestock waste treatment products must satisfy the following requirements:
1. It must not be located within areas contaminated with hazardous waste and toxic chemicals;
2. It must have a reinforced workshop that complies with requirements for quality control and biosafety; raw material, material and finished product storage areas must be designed in a manner that avoids cross-contamination; warehouses or specialized implements should be in place to store specific raw materials and products upon the recommendation of the producer of supplier;
3. The production line and equipment in contact with raw materials and finished products must be made of easily cleanable materials;
4. It has or contracts a testing laboratory to conduct quality tests during the production;
5. It has equipment for collecting and treating waste during the production in a manner that does not cause contamination within the production area;
6. The microbial biomass production facility must have equipment for creating environment, storing and cultivating microorganisms in a manner that ensures human and environmental safety;
7. It must have a product quality management system.
Chapter VII
IMPLEMENTATION CLAUSE
Article 33. Effect
1. This Decree comes into force from March 05, 2020.
2. This Decree supersedes:
a) Government's Decree No. 39/2017/ND-CP dated April 04, 2017;
b) Government’s Decree No. 100/2017/ND-CP dated August 18, 2017;
c) Clause 5 Article 1 and Article 3 of the Government’s Decree No. 123/2018/ND-CP dated September 17, 2018;
d) Articles 9, 10 and 11 of the Government’s Decree No. 66/2016/ND-CP dated July 01, 2016.
3. This Decree repeals:
a) Decision No. 78/2004/QD-BNN dated December 31, 2004 of the Minister of Agriculture and Rural Development;
b) Decision No. 88/2005/QD-BNN dated December 27, 2005 of the Minister of Agriculture and Rural Development;
c) Decision No. 43/2006/QD-BNN dated June 01, 2006 of the Minister of Agriculture and Rural Development;
d) Circular No. 92/2007/TT-BNN dated November 19, 2007 of the Minister of Agriculture and Rural Development;
dd) Circular No. 02/2011/TT-BNNPTNT dated January 21, 2011 of the Minister of Agriculture and Rural Development;
e) Clause 1 Article 1 of the Circular No. 61/2011/TT-BNNPTNT dated September 12, 2011 of the Minister of Agriculture and Rural Development;
g) Articles 1, 2, 3, 4, 5 and 6 of the Circular No. 19/2011/TT-BNNPTNT dated April 06, 2011 of the Minister of Agriculture and Rural Development;
h) Circular No. 06/2012/TT-BNNPTNT dated February 01, 2012 of the Minister of Agriculture and Rural Development;
i) Circular No. 35/2013/TT-BNNPTNT dated July 01, 2013 of the Minister of Agriculture and Rural Development;
k) Circular No. 14/2014/TT-BNNPTNT dated April 18, 2014 of the Minister of Agriculture and Rural Development;
l) Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development;
m) Circular No. 01/2018/TT-BNNPTNT dated January 16, 2018 of the Minister of Agriculture and Rural Development.
Article 34. Transitional clause
1. Feed producers issued with the certificate of conformity with conditions satisfied by feed production and processing facilities as prescribed in the Government’s Decree No. 39/2017/ND-CP dated April 04, 2015 (hereinafter referred to as the “Decree No. 39/2017/ND-CP”) which expires during the period from March 05, 2020 to December 31, 2020 are entitled to continue their production within 12 months from the expiry date of the certificate of conformity.
2. Feed producers issued with the certificate of conformity with conditions satisfied by feed production and processing facilities as prescribed in the Decree No. 39/2017/ND-CP are entitled to continue their production until expiry date of the certificate of conformity, except for the case specified in Clause 1 of this Article.
3. Feed producers other than those specified in Points 1 and 2 of this Article 2 are entitled to continue their production and required to apply for the certificate of eligibility for feed production within 12 months from the effective date of this Decree.
4. Imported feeds eligible for temporary reduced inspection or temporary exemption from quality inspection as prescribed in the Decree No. 39/2017/ND-CP shall continue to be eligible for such temporary reduced inspection or temporary exemption within the effective period written on the written confirmation of temporary reduced inspection or temporary exemption.
5. If a technical regulation is not available, the inspection of quality of imported feeds shall continue to be carried out as prescribed in the Decree No. 39/2017/ND-CP until June 30, 2020.
6. Imported complete feeds and concentrated feeds licensed for sale as prescribed in the Decree No. 39/2017/ND-CP shall continue to be sold within the effective period specified in the certificate of free sale posted on the web portal of the Ministry of Agriculture and Rural Development.
7. Sufficient applications regarding feeds that have been submitted before the effective date of this Decree shall be processed in accordance with regulations of law applicable at the time of submission.
8. Livestock waste treatment products recognized by the Department of Livestock Production and Ministry of Agriculture and Rural Development as technical advances before December 31, 2019 are not required to comply with Clause 2 Article 31 of this Decree.
Article 35. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant units are responsible for the implementation of this Decree./.
 
 
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
(Signed and sealed)



Nguyen Xuan Phuc
(This translation is for reference only)



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