Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 of the Ministry of Agriculture and Rural Development detailing a number of articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF DECREE NO.08/2010/ND-CP DATED 05/02/2010 OF THE GOVERNMENT ON MANAGEMENT OF ANIMAL FEED

Pursuant to the Decree No.01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development; the Decree No.75/2009/ND-CP dated 10/9/2009 of the Government amending Article 3 of the Decree No.01/2008/ND-CP dated January 03, 2008;

Pursuant to the Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed;

Ministry of Agriculture and Rural Development details a number of contents on management of animal feed as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular details some Articles of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed.

Article 2. Subjects of application

This Circular applies to the domestic and foreign organizations and individuals related to management, production, sales, and use of animal feed in the territory of Vietnam.

Chapter II

PRODUCTION, SALES OF ANIMAL FEED

Article 3. Conditions for the facilities of production, processing of animal feed

The facilities of production, processing of animal feed must meet the requirements under Article 6 of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed. A number of detailed provisions on the location and conditions for material facilities and technical staff as follows:

1. Location

a) Having appropriate location: convenient for production, sale; not being flooded; not being near the sources of chemicals, microorganism that may affect quality, safety and food hygiene of animal feed;

b) Having walls or fixed fences to isolate from the outside.

2. Layout of premises of workshops

a) Arrange premises of workshops to facilitate the handling, processing, storage of raw materials and products;

b) Having enough-area workshops for layout of equipment to facilitate the operation of production, cleaning and occupational safety;

c) The production line must be arranged reasonably to minimize potential cross-contamination between production stages;

d) The area for handling of liquid materials must be designed to ensure moisture release, odor release, easy to clean and to be disinfected;

) The heat treatment area must be ventilated, heat extraction and safety.

3. Structure of the workshops

a) The workshops must have a solid structure appropriate to the nature and scale of facilities, ensuring safety and fire fighting and prevention;

b) It must have the ventilation system to eliminate heat, steam and waste gas;

c) Walls and roofs must be made of durable materials; the workshops floor must be hard, flat, bear weight, non-slip, easy to clean;

d) Doors, windows must be made of suitable materials, to prevent insects and pests, easy to clean and disinfect.

4. Equipment and tools

a) The system of machinery and equipment must be installed and operated to ensure safety for employees, easy for cleaning, maintenance and facilitate the examination;

b) Equipment in direct contact with products must be made of non-toxic and stainless, suitable material, ensuring hygiene for animal feed;

c) Equipment must be checked and conducted routine maintenance of the specifications.

5. Yard area and internal roads

a) Yards and the roads must be large enough for convenient transport and goods handling;

b) The yard ground, the roads must have proper slope to be waterless and convenient for cleaning, disinfecting.

6. Storage system

a) The storage system must be cool, dry to facilitate the input and output of raw materials and products;

b) The storage containing raw materials, the finished animal feed must be separated and must be isolated from flammable substances, toxic chemicals;

c) The materials must be preserved to ensure the technical requirements for not being moldy, damaged by moth and invaded by insects and rodents;

d) For the additives, vitamins and other types of supplement food must be stored under conditions consistent with the technical requirements for each type;

e) For the finished animal feed, it must be stored on wooden shelves or material with the height suitable to the warehouses foundation, unless the warehouses foundation has been designed for anti-moisture.

7. The system of water, power supply

It must have a safe system of power supply and a system of clean water supply ensuring technical requirements for the manufacturing process.

8. Technical staffs in production and quality control:

a) For the production and processing of animal feed: technical staffs with degree from intermediate or higher in breeding, veterinary, food processing, food chemistry.

b) For the production, processing of aquatic products: technical staffs with degree from intermediate or higher in food processing, food chemistry, and aquaculture.

Article 4. Conditions for the facilities trading animal feed

The facilities trading animal feed must meet the conditions under Article 7 of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed. A number of detailed provisions on location, means of transportation and tools of trading animal feed as follows:

1. Place of sale and storage of animal feed must be ventilated, enough light and not be humid; be limited the effects of temperature, humidity, insects, animals, dust, strange odors and adverse impact of the environment to ensure the quality of the animal feed.

2. Having accurately-measuring devices and it must be maintained periodically; containers and measuring devices, device taking animal feed must be ensured hygiene, not be rusted, or contaminated with mold.

3. Place of sale, storage, and means of transportation, tools trading animal feed must be separated from drugs of plant protection and other hazardous chemicals.

Article 5. List of animal feed permitted for circulation in Vietnam

1. Animal feeds included in the list permitted for circulation in Vietnam (hereinafter referred to as the List) must meet one of the following conditions:

a) They have been published standards to apply, the standards conformity, regulations conformity in accordance with the provisions of law; quality has been confirmed by Directorate of Fisheries or Department of Livestock Husbandry;

b) They have been permitted to import by the Ministry of Agriculture and Rural Development on the Decision No.90/2006/QD-BNN dated 02/10/2006 and Decision No.65/2007/QD-BNN on 03/7/2007, Decision No.88/2008/QD-BNN dated 22/8/2008 of the Minister of Agriculture and Rural Development and the List of aquatic feed permitted for circulation in Vietnam;

c) They have been tested, experimented, and accredited by the specialized scientific council established by the Directorate of Fisheries or Department of Livestock Husbandry;

d) As a result of scientific research theme which is recognized by the Scientific Council of the Ministry of Agriculture and Rural Development.

2. Animal feed shall be eliminated from the List when:

a) In the course of using, it is detected to harm to the production, environment, and hygiene and food safety;

b) Animal feed violates quality after 02 consecutive examinations;

c) Animal feed has expired as mentioned in the List.

3. Supplementation, adjustment of the List

a) Once every 3 months, the Directorate of Fisheries or Department of Livestock Husbandry submits to the Minister of Agriculture and Rural Development for supplementation, adjustment of the List of animal feed permitted for circulation in Vietnam;

b) Contents to supplement, adjust the List of animal feed permitted for circulation in Vietnam as stipulated in clauses 1 and 2 of this Article.

4. Registration dossier of animal feed in the List includes:

4.1. For animal feed produced domestically

a) A written request for registration in the form in Appendix 3 attached to this Circular;

b) A certified copy of the certificate of business registration/certificate of investment (initial submission only);

c) A written publication of standards that the facility shall apply;

d) The written reception of publication of standards conformity or regulations conformity in accordance with the law regulations or the decision to recognize the new animal feed of the Ministry of Agriculture and Rural Development;

d) Sample label of the product.

4.2. For the imported animal feed, it is specified in Article 6 of this Circular.

5. Effect of the List

Effect of the List of animal feed is 05 years from the date the Minister of Agriculture and Rural Development issues effectively. 06 months prior to the List has expired, if the organizations and individuals producing and trading animal feed wish for conducting re-registration procedures into the List, it shall be made in Directorate of Fisheries or Department of Livestock Husbandry.

6. Re-registration dossier to the List includes:

a) A written request for registration in the form in Appendix 4 attached to this Circular;

b) A certified copy of written publication of facilitys standards, written reception of publication of standards conformity or regulations conformity in accordance with the law regulations or the decision to recognize the new animal feed.

c) A certified copy of the sample label of the product.

7. The order for handling registration dossier to the List (including re-registration):

a) Organizations and individuals registering for animal feed to the List make 02 sets of dossiers, send in person or via post to the Directorate of Fisheries (for aquatic food) or the Department of Livestock Husbandry (for animal and poultry feed);

b) Within 07 working days from receipt of registration dossier, Directorate of Fisheries or the Department of Livestock Husbandry is responsible for examining the contents of dossiers and sending a written notice to the registration unit the unsatisfactory contents for the supplementation, completion.

c) If the dossier is complete and the product meets the quality requirements, within 07 working days, the General Department of Fisheries or Department of Livestock Husbandry shall send written agreement and submit to the Minister of Agriculture and Rural Development for supplementing to the List. Within the pending for supplementing to the List, the unit is permitted for the production and circulation of product.

8. Change of information of animal feed included in the List:

Dossier requesting for information change of product is made into 01 set, including:

- A written request for adjustment of product information (in the form in Appendix 5 attached to this Circular);

- A written confirmation of adjustment content of producer.

Within 05 working days after receiving the valid dossiers, Directorate of Fisheries or Department of Livestock Husbandry shall send written reply of agreeing or disagreeing on the adjustment of product information.

In case of agreement to adjust the product information, Directorate of Fisheries or Department of Livestock Husbandry shall submit to the Minister of Agriculture and Rural Development for adjusting product information in the List. Within the pending for the Minister of Agriculture and Rural Development to set the contents requested for adjustment to the List of animal feed permitted for circulation in Vietnam, enterprises shall be allowed to continue producing and trading this item.

9. Animal feeds commonly used for aquaculture and livestock and poultry breeding:

a) When the organizations or individuals conduct procedures of registration to the List or additional adjustments of related information, the dossiers shall be sent to the General Department of Fisheries and Livestock Department.

b) The order, procedures, and contents verifying the quality of animal feed products commonly used in aquaculture and livestock and poultry shall apply similar to the regulations for the other types of animal feeds in this Circular.

Article 6. Imports of animal feed

1. For the animal feed included in the List of animal feed permitted for circulation in Vietnam, when importing, the organizations, and individuals shall carry out procedures at the customs office and implement quality examination according to Chapter III of this Circular.

2. For the animal feed not included in the List of feed animal feed permitted for circulation in Vietnam, when importing, it must be accredited the quality of Directorate of Fisheries or Department of Livestock Husbandry and implemented quality control under Chapter III of this Circular. The accreditation of quality through one of two following forms:

a) The accreditation of quality through appraisal of records.

b) The accreditation of quality through testing (for the new animal feeds) as defined in clause 7 of Article 3 and clause 1 of Article 12 of Decree No.08/2010/ND-CP and Chapter IV of this Circular.

Organizations and individuals importing animal feeds not included in the List of animal feed permitted for circulation in Vietnam must submit 01 set of dossier requesting for the accreditation of quality to Directorate of Fisheries or Department of Livestock Husbandry.

c) Dossier requesting for the accreditation of quality includes:

- A written request for accreditation of the quality of imported animal feed (the form as prescribed in Appendix 6 attached to this Circular);

- A Certificate of free sale of imported goods (Certificate of free sale) granted by the competent state agency of the country of origin;

- The composition, quality, utility, manual, product labels provided for by the manufacturer;

- A examination result sheet of major quality components and targets of hygiene, safety of animal feed of the producer that had one of the certificates GMP, HACCP, ISO or equivalent certificate; in case the manufacturer has no one of the above certificates, the examination result sheet must be issued by the competent testing agency of the country of origin or recognized by the organization certifying quality;

- A certified copy of the certificate of business registration or investment license or the establishment license of representative offices of foreign traders in Vietnam of import registration unit (filing only for the first time).

Documents are the originals or certified copies accompanied by a translation into Vietnamese with a stamp of the import registration unit. If the original is not in English, the translation into Vietnamese must be notarized.

d) Within 07 working days after receipt of valid dossiers, Directorate of Fisheries or Department of Livestock Husbandry sends written response to the importer who requests for quality accreditation: for the products required to pass testing, it shall comply with Chapter IV of this Circular; for the products not required to pass testing, Directorate of Fisheries or Department of Livestock Husbandry shall send written accreditation of the quality and submit to the Minister of Agriculture and Rural Development for supplementing to the List of those permitted for circulation in Vietnam; for the dossiers not be recognized, it should state clearly the reasons. Within the pending for supplementing to the List of those permitted for circulation in Vietnam, the enterprises are allowed to import and trade these items.

3. Importing animal feed not included in the List of those permitted for circulation in Vietnam to show at the Expo: when organizations, individuals import animal feed to show at the Expo, they shall submit to Directorate of Fisheries or Department of Livestock Husbandry the written request for import, stating the name of the animal feed, weight, origin, time and place of importation, time and location of the Expo, and the plan to handle the imported animal feed at the end of the Expo. The Form as prescribed in Appendix 7 attached to this Circular.

Within 05 working days after receipt of an application for import of animal feed to show at the Expo, Directorate of Fisheries or Department of Livestock Husbandry shall send written reply on the agreement or disagreement of the import. In case of disagreement, it should clearly state the reason.

4. Importing animal feed not included in the List of those permitted circulation in Vietnam to produce, process aimed at the re-export: when the organizations and individuals import animal feed for the production, processing aimed at the re-export under the contracts signed with the foreign countries, it must submit a set of registration dossier to Directorate of Fisheries or Department of Livestock Husbandry. The dossier comprises:

- A written request for import, clearly stating the name of animal feed, the weight according to the contract, origin, time, and place for the import and re-export.

Form of the written request for import is under the provisions of Appendix 8 attached to this Circular.

- The contract made between the parties in accordance with the provisions of the laws of Vietnam on the import of goods for processing, re-export.

Within 05 working days after receiving the dossier requesting for importing animal feed to produce, process aimed at re-export under the contracts signed with foreign countries, Directorate of Fisheries or Department of Livestock Husbandry shall send written reply on agreeing or disagreeing the import. In case of disagreement, it should clearly state the reason.

Chapter III

QUALITY INSPECTION OF ANIMAL FEED

Article 7. State examination of animal feed

The State examination of animal feed is defined in Article 17 of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed. Some specific items as follows:

1. Examination of the condition of the facilities producing, processing and trading animal feed is specified in Circular No.14/2011/TT-BNNPTNT dated 29/3/2011 of the Ministry of Agriculture and Rural Development providing for the examination and evaluation of the facilities producing, processing and trading agricultural materials and agricultural products and forestry products.

2. Examination of quality of animal feed

a) Examination of quality of animal feedinmanufacture, trade, and use:

- The regular examination of animal feed quality in the facilities producing, trading, and using animal feed shall be implemented not more than 02 times a year and it must have written notice before the examination.

- The irregular examination of animal feed quality in the facilities producing, trading, and using animal feed shall be conducted only upon the consent of the heads of the competent agencies, without prior notice.

- The criteria used to examine and evaluate the quality of animal feed is specified in Appendix 19 issued attached to this Circular.

b) Examination of quality of animal feed of export, import recalled or returned.

3. At the end of each examination, the examination team must send a written report, if having any violation; it must forward the concerned records to the competent inspection agencies for review and handling.

Article 8. Form and subjects to quality examination

1. Examination according to the regulations, apply to:

a) Animal feed at the facilities of manufacture, trade, and use;

b) Animal feed exported into the markets requiring the examination, confirmation or quality certification by the competent authorities in Vietnam;

c) Imported animal feed;

d) Recalled or returned animal feed;

2. Quality examination at the request of organizations, individuals.

Article 9. Bases for quality examination

1. Goods labels (form in Appendix 2A and Appendix 2B attached to this Circular);

2. Standards published to apply (the minimum techniques required to publicize in Appendix 1 attached to this Circular);

3. Corresponding technical regulations; and the regulations of antibiotics, substances banned from use in livestock and aquaculture.

4. The cases of examination, confirmation, or certification of the quality upon the proposal are based on the requirement content of the requesting organizations and individuals.

Article 10. Registration for quality examination and certification

1. The enterprise sets up 01 set of dossier and conducts registration procedures with the examination agency. A dossier comprises:

a) In case of import of animal feed:

Written registration for quality examination and certification (03 copies) in the form of Appendix 9 attached to this Circular;

Certified copies of documents: purchase contract, packing list (Packing list), purchase invoices (Invoice), quality analysis result sheet of the country of origin granted for the goods lot (Certificate of Analysis).

b) In case of exporting animal feed:

Written registration for quality examination and certification (03 copies) in the form of Appendix 9 attached to this Circular; The written request of criteria required to be inspected and certified quality;

Certified copies of documents: purchase contract, quality publication record.

c) In case of animal feed recalled, returned:

Written registration for quality examination and certification (03 copies) in the form of Appendix 9 attached to this Circular;

Certified copies of documents: purchase contract, written certification of quality of the goods lot before the export (if any), written recall or written notice of return in which clearly state the causes of the recall or return.

2. The enterprises submit registration dossiers for registration directly or submit via post to the examination agency.

3. Upon receipt of registration dossier for examination, within 03 working days, the examination agency shall review and guide the enterprise to supplement the missing or improper contents;

Where the dossier is complete, within 03 working days, the examination agency certifies to the written registration for inspection, including the notice to the enterprise on the contents of examination, stating the time and location to be going to perform the examination.

Article 11. Funding for examination

1. Examination in accordance with provisions:

a) State Budget;

b) Fees and charges under the current regulations.

2. Examination at the request:

To be paid by the requesting organizations and individuals.

Article 12. Examination agencies

1. Directorate of Fisheries or Department of Livestock Husbandry examines quality of animal feed in accordance with provisions in Article 8 of this Circular.

2. Departments of Agriculture and Rural Development or the agency or unit that is authorized by the Directorate of Fisheries or Department of Livestock Husbandry to be in charge of examining quality of animal feed at the facilities of manufacture, sales and use within their management areas in accordance with the law provisions and examining and certifying the quality of animal feed exported, imported and recalled, returned.

Article 13. Certificate of quality and written notice of dissatisfaction

1. Certificate of quality of animal feed (called as certificate, according to Appendix 10) which is issued by the examination agency for the goods lot having examination results satisfactory. The certificate is only valid for the goods lot granted in the condition of transport, storage not making the quality of animal feed examined change.

Certificates of quality of animal feed are granted to the cases specified at the points b, c, d, clause 1 and clause 2 of Article 8 of this Circular.

2. Written notice of dissatisfaction (referred to as Notice of dissatisfaction, according to Appendix 11) is issued by the examination agency for the goods lot having examination results unsatisfactory.

3. Certificate/Notice of dissatisfaction is made into 03 (three) originals: 02 originals are assigned to the enterprise, 01 original is kept at the examination agency.

Article 14. Sampling and analysis of quality of animal feed

1. Sampling of animal feed:

a) It must comply with the sampling method specified in the applicable published standards or under Vietnam standards (TCVN 4325:2007);

b) The person who samples animal feed must have certificate granted by the Directorate of Fisheries or Department of Livestock Husbandry.

2. Analysis, examination of quality of samples of animal feed:

a) To be implemented by the analysis method stated in the applicable standards publication. Where the applicable standards publication is not specified clearly or the method of analysis is no longer appropriate, the analysis shall comply with TCVN, if it has not got TCVN, it shall comply with the provisions of the Ministry of Agriculture and Rural Development;

b) It must be implemented by the laboratories of animal feed assigned by the Ministry of Agriculture and Rural Development.

Article 15. Contents of examination of animal feed imported

1. Certify the written registration for examination of quality certification for conducting procedures of customs declaration; as the written registration for examination of quality certification has been certified, the enterprises are allowed to transport goods to the location stated in the written registration for examination. Maintaining the current state of goods, not to produce; trade and use feed before having the examination result of quality certification.

2. Check the import dossier, the number, volume, and origin of the product compared to registration.

3. Check the mode of packing, labeling, sell-buy date, sense organs/appearance of product (Appendix 12).

4. Take samples for quality analysis as required by the examination agency stated in the written registration for examination of quality certification.

Article 16. Contents of examination of animal feed recalled or returned

1. Certify the written registration for examination of quality certification for conducting procedures of customs declaration.

2. Examine the mode of packing, labeling, sell-buy date, sense organs/appearance of product (Appendix 12).

3. Examine the cause to be recalled or returned of animal feed.

Article 17. Contents of examination of animal feed exported

1. Certify the written registration for examination of quality certification for conducting procedures of customs declaration;

2. Examine the quality publication record, records of standards/regulations conformity;

3. Examine the mode of packing, labeling, sell-buy date, sense organs/appearance of product (Appendix 12);

4. Analyze quality as required by the enterprise or the importing country and other requirements (if any).

Article 18. Contents of examination of animal feed at the facilities of manufacture, trade, and use

1. The performance of applicable standards publication and publication of standards, regulations conformity;

2. The implementation of management measures for the quality of animal feed;

3. The implementation and results of conformity assessment, labeling, showing the marks of standards conformity and the regulations conformity and documents attached to products;

4. Take sample of animal feed to analyze its quality to examine the conformity of product with the applicable publicized standards, corresponding technical regulations, and other provisions of the relevant law.

Article 19. Issuance of certificate of quality

1. Since the end of the examination at site, the examination agency shall issue certificate for the goods lot having the satisfactory examination result with the following term:

a) Not exceeding 07 working days for mixed feeds and raw materials for animal feed production;

b) Not exceeding 10 working days for supplement substances of animal feed;

c) In case of required to send samples for analysis in the outside laboratories, the inspection agency shall issue certificate of quality of animal feed for the goods lot not exceeding 02 working days from the date of receipt of analytical results.

2. Contents of certification must conform to the contents of examination; not to certify the contents having not yet been examined or the examination results are unsatisfactory.

Article 20. Notice of the unsatisfactory goods lot

1. When the examination result is not satisfactory, the examination agency notifies by phone, fax/e-mail the enterprise on the examination result;

2. After a period of 02 working days from the date of the notice, if the enterprise does not complain the result of the analysis, the examination agency sends notice of dissatisfaction to the enterprise and sends documents to the functional authorities for coordination to handle.

Article 21. Regulations and handling of poor quality feed

1. Regulations of animal feed recalled for recycling or destruction:

a) Forced to recall for recycling animal feed not guaranteeing the quality as announced;

b) Forced to destroy animal feed with ingredient banned, expired, or not included in the List of those permitted for circulation in Vietnam.

2. The recall for recycling or destruction of animal feed is made in accordance with the law provisions; and the facility and the unit in charge of monitoring must send written reports on the implementation result to the Directorate of Fisheries or Department of Livestock Husbandry.

3. Recall of animal feed:

a) The examination agency issues written notice of quality dissatisfaction, requires the production facilities to terminate the circulation, recall and defines the form to handle unsatisfactory quality feed, and also notifies the Department of Agriculture and Development where animal feed is forced to recall for monitoring the implementation;

b) The facilities having animal feed forced to recall must bear all the responsibility and cost of recall and overcome the consequences caused recalled feed.

4. Destruction of animal feed:

a) Directorate of Fisheries or Department of Livestock Husbandry or the Department of Agriculture and Rural Development makes a decision to destroy and notify the facility having animal feed forced to recall to perform the destruction;

b) Department of Agriculture and Rural Development where animal feed is forced to destroy sets up a council of supervising the destruction, the composition of the Council includes representative of the Department of Agriculture and Rural Development, and representatives of the concerned agencies;

c) The facility having animal feed forced to recall shall be responsible for destroying in accordance with provisions of the law on environmental protection and other relevant provisions, take responsibility for all expenses for the destruction of violating animal feed.

5. Re-export of animal feed:

a) Imported animal feeds containing substance banned from use, toxin or harmful chemicals exceeding the permissible threshold that may cause harm to human health, animals and the environment, depending on each specific case, the Directorate of Fisheries or Department of Livestock Husbandry makes a decision to force to re-export the violating goods lot;

b) The relevant functional authorities of the Department of Agriculture and Rural Development where the feed is forced to re-export shall coordinate with Directorate of Fisheries or Department of Livestock Husbandry and other concerned agencies in border gate to supervise the process of re-export of the violating animal feed;

c) Organizations and individuals importing animal feed forced to re-export must bear all responsibility and costs for re-export of violating animal feed.

Chapter IV

TESTING, ACCREDITATION OF NEW ANIMAL FEED

Article 22. The types of feeds required to be tested

Animal feeds required to be tested are prescribed in clause 1, 2, Article 12 of Decree No.08/2010/ND-CP dated 05/02/2010 of the Government on management of animal feed.

The determination of the types of feeds required to be tested and the testing contents in each specific case shall be decided by Directorate of Fisheries or Department of Livestock Husbandry. In addition, it may be tested upon request of the producers, traders or users of animal feed.

Article 23. Registration dossier for testing

1. Organizations, individuals having animal feed required to be tested submit 02 sets of dossiers to the Directorate of Fisheries or Department of Livestock Husbandry. For foreign organizations or individuals wish to register for testing animal feed, it must have their offices or representatives in Vietnam.

2. Registration dossier for testing includes:

a) Application for the testing provided for in Appendix 13 attached to this Circular;

b) Outline of testing as prescribed in Appendix 14, Appendix 15, issued together with this Circular;

c) The contract of testing between the facility registering for testing with the unit conducting testing named in the list recognized by the Ministry of Agriculture and Rural Development;

d) The commitment of the enterprise for not violating the provisions of law on goods labeling;

) A certified copy of the certificate of business registration or investment certificate or license for establishing a representative office.

3. Within 05 working days after receipt of registration dossier for testing, the Directorate of Fisheries or Department of Livestock Husbandry shall send written reply on whether or not consent of the testing. Once having complete and valid dossier, not more than 15 working days, the Directorate of Fisheries or Department of Livestock Husbandry shall set up a Council of appraisal or review, approve contents of the testing outline.

4. For animal feed imported, after the consent for testing, organization or unit shall submit application for the import of animal feed for testing according to form specified in Appendix 16 attached to this Circular.

Article 24. Performance of the testing

1. Contents of the testing

a) Identify the quality, chemical composition and toxic substances in products in the laboratory indicated;

b) Assess the impact of the products for the ability to grow, develop of livestock, fisheries, and environment.

2. Request for the testing

a) Perform the testing according to the related current legal documents;

b) For animal feed having not had the testing regulations, it may conduct the testing according to the testing process compiled by unit conducting the testing or the applicable proposal shown in the outline registering for testing and to be passed by the Directorate of Fisheries or the Department of Livestock Husbandry. The testing process should meet the following requirements:

- Initial examination: laboratory analysis of chemical composition, nutrients, and toxic substances of the feed tested by composition ratio shown in the quality publication or on the label of goods.

- Assessment of feed quality through testing on animals:

Time of testing is at least one breeding cycle for livestock and poultry; a breeding season for fisheries is from seed size to commercial-article size; number of repetitions of each recipe of testing are at least three times.

+ The arrangement of testing must conform to each subject, age of domestic animal:

For terrestrial animals, it conducts the testing in the breed producing farms, farms breeding livestock and poultry as commercial articles that are eligible for testing;

For the aquatic products at the larval stage, breed: using concrete tanks, glass tanks, FRP tanks;

For aquaculture as commercial articles, it conducts the testing in the cages, rafts, ponds and swamps.

+ Technical factors need to be assured the consistency in the process of testing:

For livestock and poultry: the quality of seed put into the testing must obtain standards, respectively technical regulations; breeding density must comply with standards, respectively technical regulations issued by the competent authority; the experimental lots and control must have the same mode of care and nurture. Difference from the experimental lots and the control is testing feed.

For aquatic animals: the quality of seed must be ensured according to standards, corresponding technical regulations; breeding density must comply with standards, technical regulations; the environmental factors: clarity, water temperature, pH, salinity, dissolved content, BOD, COD, NH3-N, NO2-N, malt modification degree, water velocity for fish in cages; the experimental lots and control must have the same mode of care and nurture. Difference from the experimental lots and the control is testing feed.

c) The tracking targets include:

- Assess the growth of animals;

- Survival rate, health status through the stages of bred animal growth;

- Feed conversion coefficient;

- Residues of antibiotics and other toxic substances in feed residues, in the bred animals and the environment;

- Other related targets.

Article 25. Units testing animal feed

1. Conditions for the units testing the animal feed:

a) Having function of testing or studies of animal feed;

b) Having necessary technical material facilities for conducting the testing;

c) For personnel; having or hiring at least 02 technical staffs with university degrees specialized in livestock husbandry and veterinary medicine, aquaculture.

2. Responsibilities of the testing unit:

a) To compile outline and conduct the testing;

b) To guide the organizations, individuals having animal feed tested to perform the contents in the testing process;

c) To be responsible for the conclusions for the feed products put into the testing; to be responsible for keeping secret at the request of the organizations and individuals having animal feed tested on technology for new food products during and after the testing; keeping testing records.

Where the examination result is inaccurate, causing damage to production and business of the organizations and individuals having animal feed tested and users of animal feed, the testing unit shall be responsible for paying compensation of testing cost paid by the organizations and individuals having animal feed tested and pay compensation in the manufacturing process caused by the testing;

d) No later than 15 days after the testing is completed, the testing unit must report result in the form under Appendix 17 attached to this Circular to the Directorate of Fisheries or Department of Livestock Husbandry and organizations and individuals having animal feed tested.

Article 26. Examination and supervision of activities testing animal feed

1. Testing examination:

a) Regular examination: Directorate of Fisheries or Department of Livestock Husbandry organizes the team of examination to inspect the activities testing animal feed periodically at least 01 time during the testing. Contents and the examination time shall be notified in advance the testing unit and organizations and individuals having feed registered for testing.

b) Irregular examination: When necessary, without prior notice,Directorate of Fisheries or Department of Livestock Husbandryorganizes the team of examination directly to conduct the testing of animal feed.

2. Testing supervision:

a) The supervision agencies: The supervision of testing assigned to the units, the agencies managing fisheries or livestock husbandry under the Departments of Agriculture and Rural Development in the localities where the testing is arranged for conducting. Name and address of the supervision unit must be shown in the testing outline and be passed by the Directorate of Fisheries or Department of Livestock Husbandry.

b) Contents of supervision:

- Examine the conformity of the necessary procedures in the registration dossier for testing prior to the testing.

- Based on the proper testing registration dossier which has been accepted by the Directorate of Fisheries or Department of Livestock Husbandry, to inspect the following contents:

+ Place of testing;

+ Time of testing;

+ Type of animal feed tested;

+ Domestic animal objects, aquatic products tested;

+ Testing process;

+ Technical Staffs and books, documents tracking the experiment.

No later than 07 working days from the end of the testing process, the supervision agency shall send a report of supervision result to the Directorate of Fisheries or Department of Livestock Husbandry for the specialized scientific council to valuate.

c) Treatment and recovery after examination and supervision:

- Based on the proposed report of the team of examination and supervision. General Director of Fisheries or Director of Livestock Husbandry decides on modifying the contents, the remedies, prescribes the remedy time;

- Unit testing animal feed and the organizations and individuals having animal feed implement the recovery, overcome the contents decided by the General Director of Fisheries or Director of Livestock Husbandry, report the results of remedies toDirectorate of Fisheries or Department of Livestock Husbandryin accordance with the prescribed time;

- To re-examine the performance of contents required to modify, overcome in the testing of animal feed decided by the General Director of Fisheries or Director of Livestock Husbandry;

- Records of examination, supervision of testing of animal feed are kept at the Directorate of Fisheries or Department of Livestock Husbandry and included in the records upon appraisal to accredit new animal feed for the specialized scientific council to use as a basis for evaluation.

Article 27. Assessment of examination results

1. Dossiers of application for assessment and accreditation of new animal feed:

After finishing the testing, organizations, individuals having animal feed tested send 01 set of dossier requesting for assessment and accreditation of new animal feed to theDirectorate of Fisheries or Department of Livestock Husbandry, dossier comprises:

- A written request for assessment and accreditation of new animal feed (Appendix 18);

- A report of examination result;

- Opinion certified by Department of Agriculture and Rural Development of the testing process, the ability to use the type of animal feed tested at the locality;

- Report of supervision and the inspection records of animal feed testing and report or the remedy records of the testing unit of animal feed after the examination and supervision.

2. Assessment of examination results

Within 15 working days after receiving complete dossier of application for assessment and accreditation of examination results of animal feed, theDirectorate of Fisheries or Department of Livestock Husbandryestablishes a specialized scientific council to assess the examination results and completes the procedures for accreditation of the new feed.

Article 28. The expenses of testing

1. The entire testing expenses shall be paid by organizations and individuals having animal feed requesting for the testing, including costs of appraising the testing outline, testing, testing supervision, testing assessment other expenditures related to the testing.

2. Funding for examination of the testing shall be paid by the state agency performing the examination.

Article 29. Accreditation of new animal feed

After being assessed by the specialized scientific council and having a conclusion of meeting requirements on the quality, within 07 working days, the Directorate of Fisheries or Department of Livestock Husbandry shall issue the decision to accredit the new animal feed.

Chapter V

RESPONSIBILITIES AND RIGHTS

Article 30. Responsibilities and rights of the facilities of production, trade, and use of animal feed

1. Responsibilities:

a) Organizations and individuals producing, trading, and using animal feed must comply fully with the provisions of production, trade and safe use, ensuring quality and hygiene safety of animal feed; to observe the examination and inspection of the state management agencies.

b) To publish and control quality as prescribed;

c) To implement the registration for examination and certification of quality in accordance with provisions;

d) To comply with quality examination in accordance with provisions of this Circular;

) To provide for technical documentation, concerned records and create favorable conditions for the examination agency while it is on duty;

e) To take responsibility before law for animal feed quality produced, traded, exported, imported, recalled, and returned by the facilities;

g) To pay fees and charges for examination, certification of quality according to the state provisions, including the absence of receipt of written confirmation or the goods lot not meeting quality requirements;

h) To observe decisions to handle feed not meeting quality of the competent state management agencies;

i) Not to make the product characteristics change, labeling information different from the contents registered and examined and certified quality;

k) To implement the appropriate remedial measures for animal feed not meeting quality, feed being returned or recalled at the request of the inspection agency and the competent agencies.

l) Organizations and individuals producing and trading animal feed must comply fully the report regime:

- Every 6 months or upon request, it must report the situation of production and trading of animal feed of their own units to the Directorate of Fisheries or the Department of Livestock Husbandry and Department of Agriculture and Rural Development where their head offices are located according to form in Appendix 20 attached to this Circular.

- Quarterly or upon request, the trading, production facilities must report the types, quantity, sources and prices of raw materials and animal feed exported and imported to the the Directorate of Fisheries or the Department of Livestock Husbandry according to form in Appendix 21 issued together with this Circular.

m) Organizations or individuals using the animal feed must comply with the processes of using animal feed as recommended by the supplier and to observe the examination and inspection of the state management agencies.

2. Rights

a) To have the right to request the examination agency to provide for information, rules and forms relating to the examination and quality certification in accordance with the law regulations;

b) To have the right to complain to the competent agencies at all levels for consideration and settlement.

Article 31. Responsibility and powers of the person conducting the exmination

1. Responsibilities

a) To perform the examination in accordance with provisions within the assigned scope and according to the provisions of law;

b) To comply with order, examination procedures; ensure the accuracy, honesty and objectivity as inspecting;

c) To keep secret the information related to production and trading of the facilities to be examined;

d) To take responsibility before the head of the examination agency and the law when conducting the examination and the examination results implemented by him/her.

2. Powers

a) To require the facilities to supply dossiers and relevant samples for the examination; to be photographed, copied, recorded the necessary information for the examination;

b) To access to the places of production, trade, transfer and use of animal feed for examination;

c) To make records and seal samples for a needed period of time to send or report to the competent State agency as detecting evidence that the facilities commit the violations of law;

d) To recommend and propose the handling of the violations of quality, product labeling, records relating to the products.

Article 32. Responsibilities and powers of examination agencies

1. Responsibilities:

a) To examine and certify the quality of animal feed in accordance within the assigned, decentralized scope; ensure the accuracy, truthfulness and objectivity in examination and certification;

b) To provide for forms and instructions for setting up examination registration dossiers (if any) in accordance with the provisions on the enterprises/facilities;

c) To receive examination registration dossiers, organize the examinations, take samples (if necessary), test, grant certificate or notice of not meeting order, procedures and rules of law;

d) To keep records of examination and certification for a period of at least 02 (two) years and present to the competent agency upon request;

) To receive and resolve timely in accordance with provisions on complaints of the enterprises/facilities over the examination conducted by their agencies;

e) To be responsible for the results of examination; the contents of the Certificate/ Notice of dissatisfaction;

g) Quarterly and annually, send report on the activities of examination, certification of quality to the Directorate of Fisheries or Department of Livestock Husbandry (if it is the authorized agency);

h) To collect fees and charges of examination and certification;

i) To take responsibility before the superior agency and the law for the examination results given by the unit.

2. Powers

a) To require the enterprises/facilities to provide for records relating to the inspection;

b) To require the enterprises/facilities to carry out measures to handle the goods lot not meeting quality requirements as prescribed and monitor the handling;

c) To make records and seal products for a necessary time to send or report to the competent State agency as detecting evidence that the facilities commit violations of law;

d) To recommend to the relevant agencies to deal with the enterprises/facilities failing to comply with regulations on examination.

Article 33. Responsibilities and powers of the Departments of Agriculture and Rural Development

1. To advise the People s Committees of provinces and cities under central authority to perform the function of State management on animal feed in the respective localities.

2. To unify state management of animal feed in the locality;

3. To examine, inspect and handle the violations of animal feed quality, goods labels; the forms of advertising and use of animal feed under the local jurisdiction; report the results of examination and inspections to the Directorate of Fisheries or Department of Livestock Husbandry;

4. To implement the management of animal feed by assigned function and tasks;

5. To inspect and confirm the quality of animal feed exported and imported as being authorized;

6. To take responsibility before law for examination results;

7. To report on production and trade of animal feed in the area to the Directorate of Fisheries or Department of Livestock Husbandry quarterly, every six months or upon request and after the inspection, examination of animal feed.

Article 34. Responsibilities and powers of the General Department of Fisheries

1. To direct and guide professional activities related to the inspection and certification of the aquatic feed quality of the inspection agency; train and grant certificates of sampling aquatic feed.

2. To inspect and certify quality of the aquatic feed exported, imported or authorize the units to implement.

3. To organize the examination and inspection of the activities of production, trade, use and the state management activities of aquatic feed in the country.

4. To organize the reception of registration dossiers, assess and accredit the laboratories of sufficient conditions for criteria analysis of chemical, physic, microbiology, quality of aquatic feed.

5. To formulate and submit to the Minister of Agriculture and Rural Development for issuing the List of aquatic feed permitted for circulation in Vietnam.

6. To take responsibility before law for examination results made by them.

Article 35. Responsibilities and powers of the Department of Livestock Husbandry

1. To direct and guide professional activities related to the inspection and certification of the feed quality of livestock and poultry of the inspection agency; train and grant certificates of sampling feed of livestock and poultry.

2. To inspect and certify feed quality of livestock and poultry exported, imported or authorize the units to implement.

3. To organize the examination and inspection of the activities of production, trade, use and the state management activities of feed of livestock and poultry in the country.

4. To organize the reception of registration dossiers, assess and accredit the laboratories of sufficient conditions for criteria analysis of chemical, physic, microbiology, quality of feed of livestock and poultry.

5. To formulate and submit to the Minister of Agriculture and Rural Development for issuing the List of feed of livestock and poultry permitted for circulation in Vietnam.

6. To take responsibility before law for examination results made by them.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 36. Effect

1. This Circular takes effect 45 days after the date of signing for issuance.

2. Replaces Circular No.08/NN/KNKL/TT dated 17/9/1996 of the Ministry of Agriculture and Rural Development guiding the implementation of Decree No.15/CP dated 19/3/1996 of the Government on management of animal feed and Circular No.02/1998/TT-BTS dated 14/03/1998 the Ministry of Fisheries guiding the implementation of Decree No.15/CP dated 19/3/1996 of the Government on management of animal feed;

3. Annuls the Decision No. 104/2001/QD-BNN dated 31/10/2001 of the Minister of Agriculture and Rural Development issuing a number of temporary technical regulations for animal feed and Decision No.113/2001/QD-BNN dated 28/11/2001 of the Minister of Agriculture and Rural Development promulgating the List of minimum specifications required to publicize as compiling the basis standards as commodity of animal feed. To annul the contents related to the fish feed testing in Decision No.18/2002/QD-BTS on 03/6/2002 of the Minister of Fisheries on the issuance of regulations on testing of aquatic breed, feed, drugs, chemicals and biological products used in aquaculture.

4. This Circular replaces the contents related to inspection and certification of quality of aquatic feed specified in the "Regulations on Examination and Certification of State on the quality of aquatic products" issued Decision No.650/2000/QD-BTS dated 04/8/2000 of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development).

Article 37. Responsibility for implementation

Office chief of the Ministry, the General Director of Directorate of Fisheries, Department of Livestock Husbandry, Directors of Departments of Agriculture and Rural Development of provinces and cities directly under the Central Government and heads of concerned units, organizations and individuals shall implement this Circular.

In the course of implementation, if any difficulties arise, the agencies, organizations, and individuals should reflect to the Ministry of Agriculture and Rural Development for review, amendment, and supplement.