Decree No. 13/2020/ND-CP guiding the Law on Animal Husbandry

DECREE

Guiding in detail the Law on Animal Husbandry^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 19, 2018 Law on Animal Husbandry;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree guiding in detail the Law on Animal Husbandry.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree guides in detail 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.Subjects of application

This Decree applies to Vietnamese and foreign organizations and individuals involved in animal husbandry in Vietnam’s territory.

Article 3.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Main ingredient means crude protein and total lysine content in complete compound feed or concentrate feed; total protein content in complete compound feed for pets; or an ingredient decisive to uses and characteristics of products in other animal feed or animal feed materials, as announced by manufacturers in accompanying technical documents or product labels.

2. Safety indicator means an indicator which sets maximum allowable contents in animal feed so as not to badly impact domestic animals, humans and the environment. Animal feed safety indicators include those on toxins, harmful microorganisms, heavy metals and others set in relevant national technical regulations and relevant laws.

3. Animal husbandry facility means a place where domestic animals are raised or bred. Animal husbandry facilities include large-scale, medium-scale and small-scale animal farms; and farmer household-based farms.

4. Animal feed production establishment means an establishment that carries out one or all of animal feed processing activities.

5. Domestic animal unit coefficient means a constant applied to directly convert the quantity of cattle or poultry into domestic animal units.

6. Swiftlet tweeter means an audio device installed at internal and external positions of edible-nest swiftlet housing structures to attract the swiftlets.

7. Edible-nest swiftlet housing structure means a facility that is built or renovated for edible-nest swiftlet farming.

8. Breeding of edible-nest swiftlets means artificial incubation and raising of edible-nest swiftlets.

9. Edible-nest swiftlet product means a swiftlet nest, breeding egg or chick.

10. Product for animal husbandry waste treatment means a product with physical, chemical and biological properties that can be used to treat animal husbandry wastes.

Article 4.General provisions on performance of administrative procedures in this Decree

1. Submission of dossiers for performance of administrative procedures: Depending on conditions of the agency performing administrative procedures for receipt of administrative procedure dossiers and notification of results of performance of administrative procedures, an organization or individual shall submit 1 dossier directly or by post or online (via the national single-window mechanism, online public service system, a software, or an email or by facsimile).

Provisions on submission of dossiers:

a/ For dossiers submitted directly or by post: Documents included in dossiers must be originals or certified copies or uncertified copies enclosed with originals for checking;

b/ For dossiers submitted online: Documents included in dossiers must be scanned or copied from their originals.

2. Time limit for issuing replies on completeness of dossiers for performance of administrative procedures:

a/ For a directly submitted dossier: Upon receiving the dossier, the agency performing administrative procedures shall examine documents included therein and accept the dossier which is complete. In case the dossier is incomplete, the agency shall return it to the submitter for supplementation and completion;

b/ For a dossier submitted by post or online: Within 3 working days after receiving the dossier, the agency performing administrative procedures shall check its completeness. In case the dossier is not complete as prescribed, the agency shall notify such to the submitter for supplementation and completion.

3. Method of payment of charges or fees for performance of administrative procedures: Organizations and individuals that have administrative procedures performed shall pay a charge or fee under current regulations directly at the agency performing administrative procedures or by account transfer or via other services in accordance with law.

4. Method of notifying results of performance of administrative procedures: The agency performing administrative procedures shall notify results of performance of administrative procedures directly at the place of dossier receipt or by post or online.

5. In case this Decree contains provisions different from the provisions of Clauses 1, 2, 3 and 4 of this Article, the former will prevail.

6. Dossiers in foreign languages must be accompanied by their certified Vietnamese translations.

7. Organizations and individuals shall take responsibility for the lawfulness of their submitted dossiers.

Chapter II

DOMESTIC ANIMAL BREEDS

Article 5.Collection, conservation, exploitation and development of domestic animal genetic resources

1. Survey and collection of domestic animal genetic resources are provided as follows:

a/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, Ministry of Science and Technology and related ministries and sectors in, organizing survey, exploration, collection and preservation of newly discovered domestic animal genetic resources;

b/ The Ministry of Agriculture and Rural Development shall form a council to make initial appraisal and evaluation of genetic resources, genetic nature and biological characteristics of new domestic animal genetic resources;

c/ Upon discovering new domestic animal genetic resources, organizations and individuals may neither slaughter, trade nor destroy breeding animals. Provincial-level People’s Committees of localities where new domestic animal genetic resources are discovered shall take measures to keep and protect such genetic resources and report such to the Ministry of Agriculture and Rural Development;

d/ Organizations and individuals may neither export, research nor use, together with foreign organizations and individuals, new domestic animal genetic resources before such genetic resources are appraised and evaluated by the Ministry of Agriculture and Rural Development.

2. Conservation of domestic animal genetic resources is provided as follows:

a/ Conservation of domestic animal genetic resources must comply with the law on biodiversity;

b/ Based on appraisal results, the Ministry of Agriculture and Rural Development shall select domestic animal genetic resources that are distinctively different from existing ones for conservation, inclusion in the national gene fund program, research and use in selection, creation and propagation activities, and update to the national database on domestic animal genetic resources;

c/ Annually, the Ministry of Agriculture and Rural Development shall make a plan on conservation of domestic animal genetic resources.

3. Exploitation and development of domestic animal genetic resources are provided as follows:

a/ Domestic animal genetic resources shall be exploited and developed to meet the demand of livestock production and the market;

b/ Domestic animal genetic resources that are exploited and developed shall be removed from the list of conserved domestic animal genetic resources;

c/ The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with competent agencies in, appraising and approving the exploitation and development of domestic animal genetic resources;

d/ Organizations and individuals that cooperate with one another in researching and accessing domestic animal genetic resources shall comply with the Government’s Decree No. 59/2017/ND-CP of May 12, 2017, on the management of access to genetic resources and sharing of benefits from use of genetic resources.

Article 6.List of domestic animal breeds in need of conservation

1. To be included in the list of domestic animal breeds in need of conservation, a domestic animal breed must satisfy either of the following criteria:

a/ Having a small population or a small number of bloodlines that might lead to a high hazard of inbreeding;

b/ Having its population dropping by at least 50% as observed or estimated in the last 5 years up to the time of evaluation or being forecast to drop by at least 50% in subsequent 5 years.

2. The list of domestic animal breeds in need of conservation is provided in Appendix II to this Decree.

3. The list of domestic animal breeds in need of conservation shall be updated under Article 8 of this Decree.

Article 7.List of domestic animal breeds banned from export

1. To be included in the list of domestic animal breeds banned from export, a domestic animal breed must satisfy the following criteria:

a/ Being an indigenous domestic animal breed with a precious and rare genome;

b/ Being unique or endemic to Vietnam.

2. The list of domestic animal breeds banned from export is provided in Appendix III to this Decree.

3. The list of domestic animal breeds banned from export shall be updated under Article 8 of this Decree.

Article 8.Update of the list ofdomestic animal breeds in need of conservation and list of domestic animal breeds banned from export

1. Annually, the Ministry of Agriculture and Rural Development shall review, and compile a dossier for updating, the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export.

2. Such dossier must comprise:

a/ Results of the review and evaluation of the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export;

b/ Written requests for inclusion or removal of domestic animal breeds (if any) in or from the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export;

c/ Sheets of information about names and areas of distribution of domestic animal breeds to be included in or removed from the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export;

d/ Written explanations about necessity of inclusion or removal of domestic animal breeds in or from the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export.

3. The Minister of Agriculture and Rural Development shall form a council to appraise a dossier for updating the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export, which must be composed of:

a/ Representatives of the Department of Livestock Production and related units of the Ministry of Agriculture and Rural Development;

b/ A representative of the Ministry of Natural Resources and Environment;

c/ A representative of the Ministry of Science and Technology;

d/ Domestic animal breed experts.

4. The Ministry of Agriculture and Rural Development shall base itself on results of dossier appraisal to propose the Government to decide on modifying and supplementing the list of domestic animal breeds in need of conservation and list of domestic animal breeds banned from export according to summary order and procedures.

Chapter III

ANIMAL FEED

Article 9.Conditions on animal feed production

1. Point c, Clause 1, Article 38 of the Law on Animal Husbandry is specified as follows:

Production lines and equipment to be in contact with animal feed must be made of easy-to-clean materials to prevent cross-contamination and migration of toxic substances from equipment to animal feed. Places where animal feed are stored must be spacious, airy and well lit for observation with the naked eye and apply moisture removal solutions to ensure product quality. Microbial biomass production facilities must have equipment to create artificial environments for, and store and culture microorganisms.

2. Point dd, Clause 1, Article 38 of the Law on Animal Husbandry is specified as follows:

Animal feed production establishments must apply measures to control impurities (fine grains of sand, metals, dust) that contaminate feed products; measures to prevent and control animal intrusion into production and product storage areas; measures to prevent and control termites and woodworms; measures to collect and dispose of wastes to prevent contamination of feed products and ensure environmental sanitation; and to protect and sanitize workers and visitors in production areas.

Article 10.Grant, re-grant and revocation of certificates of eligibility for production of commercial animal feed or animal feed under customer orders

1. Agencies competent to grant, re-grant or revoke certificates of eligibility for production of commercial animal feed or animal feed under customer orders are specified as follows:

a/ The Department of Livestock Production may grant, re-grant or revoke certificates of eligibility for animal feed production for establishments producing supplementary feed; establishments producing both supplementary feed and other animal feed; or establishments producing animal feed for export as requested by importers;

b/ Provincial-level Departments of Agriculture and Rural Development may grant, re-grant or revoke certificates of eligibility for animal feed production for animal feed production establishments in localities, except the case specified at Point a of this Clause.

2. A dossier of application for a certificate of eligibility for animal feed production must comprise:

a/ An application for a certificate of eligibility for animal feed production, made according to Form No. 01.TACN provided in Appendix I to this Decree;

b/ A presentation of production conditions, made according to Form No. 02.TACN provided in Appendix I to this Decree;

c/ Quality control process of the production establishment, made according to Form No. 03.TACN provided in Appendix I to this Decree;

d/ A summary of animal feed production process, for establishments producing traditional feed and single ingredients.

3. Order and procedures for grant of a certificate of eligibility for production of commercial animal feed or animal feed under customer orders:

a/ An organization or individual shall send a dossier prescribed in Clause 2 of this Article to a competent agency specified in Clause 1 of this Article;

b/ For an establishment producing complete compound feed, concentrate feed or supplementary feed:

Within 10 working days after receiving a complete dossier, a competent agency shall examine contents of the dossier.

In case the dossier does not satisfy the prescribed requirements, the competent agency may request the applicant to supplement and complete it.

In case the dossier satisfies the prescribed requirements, within 20 working days, the competent agency shall form a team to evaluate practical conditions of the animal feed production establishment under Clause 2, Article 11 of this Decree and make an evaluation minutes according to Form No. 05.TACN provided in Appendix I to this Decree.

In case the establishment fails to satisfy the prescribed conditions, within 6 months after the evaluation minutes is made, the establishment shall take remedies to satisfy the prescribed conditions and send a written report on remediation result to the competent agency for appraisal and re-evaluation of its practical conditions(if necessary).

In case the establishment satisfies the prescribed conditions, within 5 working days after completing the evaluation of practical conditions, the competent agency shall grant a certificate of eligibility for animal feed production according to Form No. 06.TACN provided in Appendix I to this Decree. In case of refusal to grant such certificate, it shall reply in writing, clearly stating the reason.

c/ For an establishment producing (producing, preliminarily processing or processing) traditional feed for commercial purposes or under customer orders:

Within 10 working days after receiving a complete dossier, a competent agency shall examine contents of the dossier. In case the dossier satisfies the prescribed requirements, the competent agency shall grant a certificate of eligibility for animal feed production according to Form No. 06.TACN provided in Appendix I to this Decree. In case of refusal to grant such certificate, it shall reply in writing, clearly stating the reason.

d/ In case an importing country requests evaluation of practical conditions for grant of a certificate of eligibility for animal feed production, a competent agency shall comply with Point b of this Clause.

4. A dossier of request for re-grant of a certificate of eligibility for animal feed production must comprise:

a/ A written request for re-grant of a certificate of eligibility for animal feed production, made according to Form No. 01.TACN provided in Appendix I to this Decree;

b/ Documents proving the change in information related to the requester (name or address of the production establishment or address of its head office) in the certificate.

5. Order and procedures for re-grant of a certificate of eligibility for animal feed production:

a/ An organization or individual shall send a dossier prescribed in Clause 4 of this Article to a competent agency specified in Clause 1 of this Article;

b/ Within 5 working days after receiving a complete and valid dossier, the competent agency shall re-grant a certificate of eligibility for animal feed production according to Form No. 06.TACN provided in Appendix I to this Decree. In case of refusal to re-grant such certificate, it shall reply in writing, clearly stating the reason.

6. In case an establishment that has been granted a certificate of eligibility for animal feed production is relocated, it shall carry out procedures prescribed in Clause 3 of this Article.

7. Revocation of a certificate of eligibility for animal feed production:

A competent agency specified in Clause 1 of this Article shall handle an administrative violation, issue a decision revoking a certificate of eligibility for animal feed production, and notify it in the mass media in the following cases:

a/ An establishment falls into the case specified at Point a or c, Clause 3, Article 39 of the Law on Animal Husbandry;

b/ A production establishment no longer satisfies the conditions prescribed in Clause 1, Article 38 of the Law on Animal Husbandry and Article 9 of this Decree but fails to address its failure within a time limit committed with a competent agency.

8. Household- or business household-based facilities producing (producing, preliminarily processing or processing) traditional feed for commercial purposes are not required to apply for a certificate of eligibility for animal feed production.

9. Expenses for evaluation for grant or re-grant of certificates of eligibility for animal feed production or supervisory evaluation of maintenance of conditions for animal feed production shall be paid by evaluation-registering organizations and individuals in accordance with the law on charges and fees.

Article 11.Evaluation of practical conditions for animal feed production

1. Evaluation of practical conditions for animal feed production covers:

a/ Evaluation of conditions for grant of a certificate of eligibility for animal feed production;

b/ Supervisory evaluation of maintenance of conditions for animal feed production.

2. Contents of evaluation of conditions for animal feed production are specified in Form No. 04.TACN provided in Appendix I to this Decree.

3. A competent state agency specified in Clause 1, Article 10 of this Decree shall form a team to evaluate practical conditions of an animal feed production establishment. The head and members of such evaluation team must satisfy the following requirements:

a/ For the team’s head: He/she must be a leader of a division or higher-level unit or a civil servant having at least 5 years’ experience in the state management of animal feed;

b/ For the team’s members: At least 1 member has been trained by the Department of Livestock Production in evaluation of practical conditions for animal feed production, and at least 1 member possesses a university or higher degree in the field of animal husbandry.

4. Evaluation of practical conditions of an animal feed production establishment means observation of the establishment’s physical facilities, search and examination of its documents and records, and other related activities.

5. Frequency of supervisory evaluation of maintenance of conditions for animal feed production:

a/ Supervisory evaluation of maintenance of conditions for animal feed production shall be carried out once every 24 months. For an establishment specified at Point c, Clause 3, Article 10 of this Decree, the first supervisory evaluation shall be carried out within 12 months from the date of grant of a certificate of eligibility for animal feed production;

b/ For an animal feed production establishment possessing a certificate of the International Organization for Standardization (ISO), good manufacturing practices (GMP), or hazard analysis and critical control points (HACCP) or an equivalent certificate, supervisory evaluation of maintenance of conditions for animal feed production shall be carried out once every 36 months;

c/ Upon detecting an establishment showing signs of a violation of the law on animal feed, a competent agency shall carry out unscheduled inspection and supervisory evaluation.

Article 12.Animal feed containing antibiotics

1. Criteria for a number of juvenile domestic animals to be fed with animal feed containing antibiotics to prevent diseases:

a/ Being weighed up to 25 kg or from birth to 60 days of age, for piglets;

b/ Being from 1 day to 21 days after hatching, for chicken, ducks, Muscovy ducks and quail chicks;

c/ Being from birth to 30 days of age, for rabbits;

d/ From birth to 6 months of age, for cow, bull and buffalo calves.

2. Antibiotics may only be used in the production of complete compound feed for cattle and poultry and refined feed for grazing cattle.

3. Use of antibiotics for prevention of domestic animal diseases:

a/ Veterinary drugs containing antibiotics belonging to the group of antibiotics critically important for human medicine as recommended by the World Health Organization and permitted for sale for the purpose of prevention of domestic animal diseases may be sold and used through December 31, 2020;

b/ Veterinary drugs containing antibiotics belonging to the group of antibiotics very important for human medicine as recommended by the World Health Organization and permitted for sale for the purpose of prevention of domestic animal diseases may be sold and used through December 31, 2021;

c/ Veterinary drugs containing antibiotics belonging to the group of antibiotics important for human medicine as recommended by the World Health Organization and permitted for sale for the purpose of prevention of domestic animal diseases may be sold and used through December 31, 2022;

d/ Veterinary drugs containing antibiotics other than those specified at Points a, b and c of this Clause and permitted for sale for the purpose of prevention of domestic animal diseases may be sold and used through December 31, 2025.

4. The Ministry of Agriculture and Rural Development shall announce lists of antibiotics specified at Points a, b and c, Clause 3 of this Article.

Article 13.Import of animal feed not yet publicized on the portal of the Ministry of Agriculture and Rural Development

1. Permitting agency:

The Department of Livestock Production is the agency permitting the import of animal feed with information thereabout  not yet publicized on the portal of the Ministry of Agriculture and Rural Development for display at trade fairs or exhibitions, adaptation rearing, research, testing or use as analytical samples in laboratories or for export production or processing.

2. A dossier for import of animal feed for display at trade fairs or exhibitions must comprise:

a/ A written request for permission for import of animal feed for display at trade fairs or exhibitions, made according to Form No. 07.TACN provided in Appendix I to this Decree;

b/ A document proving the organization of, or participation in, a trade fair or an exhibition in Vietnam.

3. A dossier for import of animal feed for adaptation rearing must comprise:

a/ A written request for permission for import of animal feed for adaptation rearing, made according to Form No. 07.TACN provided in Appendix I to this Decree;

b/ The requester’s written declaration of categories and number of domestic animals for, and period, location and purposes of, adaptation rearing.

4. A dossier for import of animal feed for research or testing must comprise:

a/ A written request for permission for import of animal feed for research or testing, made according to Form No. 07.TACN provided in Appendix I to this Decree;

b/ A tentative research or testing plan, made according to Form No. 08.TACN provided in Appendix I to this Decree.

5. A dossier for import of animal feed for use as analytical samples in laboratories must comprise:

a/ A written request for permission for import of animal feed for use as analytical samples in laboratories, made according to Form No. 07.TACN provided in Appendix I to this Decree;

b/ A written agreement on use of analysis services between a domestic laboratory or an enterprise and a laboratory or an enterprise or an authority in charge of animal feed management of an exporting country, undertaking that imported product samples are not for commercial use.

6. A dossier for import of animal feed for export production or processing must comprise:

a/ A written request for permission for import of animal feed for export production or processing, made according to Form No. 07.TACN provided in Appendix I to this Decree;

b/ A contract on production or processing of animal feed for export, made in accordance with Vietnam’s regulations on import of goods for export production or processing.

7. Order and procedures for grant of permits for import of animal feed not yet publicized on the portal of the Ministry of Agriculture and Rural Development:

a/ An organization or individual shall send a dossier prescribed in Clause 2, 3, 4, 5 or 6 of this Article to the Department of Livestock Production.

b/ Within 15 working days after receiving a complete and valid dossier, the Department of Livestock Production shall grant a permit for import of animal feed according to Form No. 09.TACN provided in Appendix I to this Decree. In case of refusal to grant such permit, it shall reply in writing, clearly stating the reason.

Article 14.Assessment for recognition of testing methods of laboratories of exporting countries

1. A laboratory of an exporting country may have its animal feed testing method recognized by the Department of Livestock Production when satisfying the following conditions:

a/ Having its quality management system recognized by a national recognition organization or an international recognition organization as conformable to international standard ISO/IEC 17025 or designated or recognized by a competent authority of the exporting country, with the scope of recognition covering animal feed or food;

b/ Having machinery, equipment and tools suitable to its testing method and conformable to international standard ISO/IEC 17025;

c/ Having an animal feed testing method with its usability appraised and certified.

2. An organization or individual that imports animal feed from an exporting country and wishes to get an animal feed testing method of a laboratory of such country recognized shall submit a dossier of registration to the Department of Livestock Production. Such dossier must comprise:

a/ A written request for recognition of the animal feed testing method of the laboratory of the exporting country, made according to Form No. 10.TACN provided in Appendix I to this Decree;

b/ A written certification that the laboratory of the exporting country has its quality management system recognized to be conformable to international standard ISO/IEC 17025 or a document on designation or recognition issued by a competent authority of the exporting country;

c/ A list of testing machinery and equipment suitable to the testing method, containing the following information: names of machinery and equipment; time of putting such machinery and equipment into use and time of inspection and calibration as stated in a valid certificate of inspection and calibration provided by the laboratory of the exporting country;

d/ Testing process and dossier of appraisal and certification of usability of the testing method on animal feed samples provided by the laboratory of the exporting country;

dd/ Proficiency testing or inter-laboratory comparison results (if any) provided by the laboratory of the exporting country.

3. Procedures for recognition of an animal feed testing method of a laboratory of an exporting country:

Within 30 days after receiving a complete dossier, the Department of Livestock Production shall appraise it and carry out physical assessment at the laboratory (if necessary). In case dossier appraisal and physical assessment results are satisfactory, the Department of Livestock Production shall issue a decision on recognition of such method. In case of refusal to issue such decision, it shall reply in writing, clearly stating the reason.

A recognition decision is valid for up to 3 years.

4. A team for physical assessment at a laboratory must be composed of representatives of the Department of Livestock Production and related units and technical experts.

Article 15.Assessment for recognition of animal feed assay and recognition processes of exporting countries

1. An organization or individual that imports animal feed subject to assay under Clause 2, Article 37 of the Law on Animal Husbandry and wishes to get an animal feed assay and recognition process of an exporting country recognized shall submit 1 dossier to the Department of Livestock Production. Such dossier must comprise:

a/ A written request for recognition of the animal feed assay and recognition process of an exporting country, made according to Form No. 11.TACN provided in Appendix I to this Decree;

b/ A written description of capability of the animal feed evaluation establishment of the exporting country under Clause 3, Article 37 of the Law on Animal Husbandry provided by such establishment;

c/ The animal feed assay process with contents specified in Form No. 08.TACN provided in Appendix I to this Decree provided by the animal feed evaluation establishment of the exporting country;

d/ A report on results of animal feed assay based on contents of the assay process and other relevant technical documents provided by the animal feed assay establishment of the exporting country.

2. Procedures for recognition of an animal feed assay and recognition process of an exporting country:

Within 30 days after receiving a complete dossier, the Department of Livestock Production shall appraise it and carry out assessment in the exporting country (if necessary). In case dossier appraisal and assessment results are satisfactory, the Department of Livestock Production shall issue a decision on recognition of such process. In case of refusal to issue such decision, it shall reply in writing, clearly stating the reason.

3. An assessment team must be composed of representatives of the Department of Livestock Production and related units and technical experts.

Article 16.Inspection in animal feed exporting countries

1. Upon detecting a hazard to quality, food safety or epidemic of animal feed imported into Vietnam from an exporting country, the Department of Livestock Production shall coordinate with related units in forming a team for inspection in such country.

2. Contents of inspection: relevant legal documents, enforcement systems, animal feed production conditions, and laboratories.

3. Based on inspection results, the Department of Livestock Production shall issue a decision on measures to handle inspection results on a case-by-case basis.

Article 17.State inspection of quality of domestically produced and sold animal feed

1. Inspection agencies:

a/ The Department of Livestock Production shall carry out inspection nationwide;

b/ Provincial-level Departments of Agriculture and Rural Development shall carry out inspection in their localities.

2. Contents of inspection:

a/ State inspection of quality of domestically produced and sold commercial animal feed: Contents of this kind of inspection must comply with Clause 2, Article 43 of the Law on Animal Husbandry;

b/ State inspection of quality of recalled or returned animal feed: Inspection of conformity of announced indicators in declared applicable standards, and safety indicators in national technical regulations and other relevant regulations. In case inspection results show inconformity, organizations and individuals shall dispose of their animal feed under Article 20 of this Decree.

Article 18.State inspection of quality of imported animal feed

1. Inspecting agency: Ministry of Agriculture and Rural Development.

2. Inspection measures:

a/ For traditional feed and complete compound feed: State inspection of quality shall be based on results of self-assessment by organizations or individuals or results of certification by registered certification bodies or results of certification by designated certification bodies of conformity with technical regulations in the field of animal feed in accordance with law.

While being marketed, if traditional feed or complete compound feed is detected as being not up to quality requirements and likely to be unsafe for humans, domestic animals or the environment, or when there are complaints or denunciations about feed quality or feed production activities, state inspection of quality of such feed shall be carried out based on results of certification by a certification body designated to certify regulation conformity in the field of animal feed. The inspection agency shall write inspection measures in the registration form for quality inspection and certification of imported animal feed, for traditional feed and complete compound feed mentioned in this case;

b/ For animal feed products not referred to at Point a of this Clause: State inspection of quality shall be based on results of certification by a certification body designated to certify regulation conformity in the field of animal feed;

c/ For imported animal feed lots with their quality indicators or safety indicators tested at a laboratory of the exporting country and satisfying conditions specified in Clause 1, Article 14 of this Decree, testing results of such indicators shall be recognized upon state inspection of quality of imported animal feed.

3. A dossier of registration for state inspection of quality of imported animal feed must comprise:

a/ A registration form for inspection and certification of quality of imported animal feed, made according to Form No. 12.TACN provided in Appendix 1 to this Decree;

b/ A purchase and sale contract; packing list; invoice; certificate of analysis issued by the exporting country for the feed lot; producer’s product labels; and list of the importer’s declared applicable standards;

c/ A certificate of free sale or an equivalent document issued by a competent authority of the country of origin for single ingredients and traditional feed;

d/ One of the following papers: International Organization for Standardization (ISO) certificate, Good Manufacturing Practices (GMP) certificate, Hazard Analysis and Critical Control Points (HACCP) certificate, or an equivalent certificate issued by the producer for single ingredients.

The documents specified at Points b, c and d of this Clause which are in English are not required to be accompanied by their Vietnamese translations.

4. The order of state inspection of quality of imported animal feed must comply with the Government’s Decree No. 74/2018/ND-CP of May 15, 2018, amending and supplementing a number of articles of the Government’s Decree No. 132/2008/ND-CP of December 31, 2008, detailing a number of articles of the Law on Product and Goods Quality (below referred to as Decree No. 74/2018/ND-CP; and the Government’s Decree No. 154/2018/ND-CP of November 9, 2018, amending, supplementing or annulling a number of provisions on investment and business conditions in the fields under the state management by the Ministry of Science and Technology and a number of provisions on specialized inspection (below referred to as Decree No. 154/2018/ND-CP).

5. Exemption from or reduction of state inspection of quality of imported animal feed

a/ Exemption from or reduction of state inspection of quality of imported animal feed must comply with Clause 3, Article 1 of Decree No. 74/2018/ND-CP and Clause 3, Article 4 of Decree No. 154/2018/ND-CP.

An inspection exemption or reduction period is 1 year;

b/ During an inspection exemption or reduction period, organizations and individuals shall themselves update information about imported animal feed lots onto the national single-window portal of the Ministry of Agriculture and Rural Development before carrying out customs clearance procedures.

A dossier for information update must comprise the documents specified in Clause 3 of this Article and the inspection agency’s written certification that animal feed products are eligible for exemption from or reduction of state inspection of quality of imported animal feed.

Right after completing the update of information about their imported animal feed lots, organizations and individuals may carry out customs clearance procedures for such lots and take responsibility for the dossier and product quality;

c/ Evaluation and supervision of animal feed lots eligible for exemption from or reduction of state inspection of quality must comply with Clause 3, Article 1 of Decree No. 74/2018/ND-CP and Clause 3, Article 4 of Decree No. 154/2018/ND-CP.

Article 19.Handling of animal feed quality testing results

1. Animal feed quality testing results are results of testing product samples by designated laboratories after rangeability of testing results is calculated as provided in Appendix IV to this Decree.

2. Testing of animal feed samples to serve state management work shall be carried out before sampled feed lots expire.

3. Order and procedures for handling animal feed quality testing results not up to quality requirements:

a/ Within 3 working days after receiving testing results, the inspection agency shall notify them to the concerned organization or individual by post or electronically;

b/ Within 7 working days after being notified, if the organization or individual files no complaint about testing results, the inspection agency shall handle violations in accordance with law.

4. Settlement of complaints about animal feed quality testing results:

a/ If disagreeing with testing results, the concerned organization or individual may file a written complaint to the inspection agency.

The inspection agency shall use stored samples or take new ones (when necessary) to test indicators subject to the complaint at another designated laboratory. These testing results may be used for making a final conclusion;

b/ In case the organization or individual files a complaint about testing results given by the sole laboratory designated in Vietnam, the inspection agency may send feed samples to a foreign laboratory internationally or regionally recognized or recognized by the Department of Livestock Production. These testing results may be used for making a final conclusion;

c/ In case a feed lot subject to a complaint about testing results has expired, first-time testing results may be used for making a final conclusion;

d/ Expenses for settlement of complaints about testing results shall be paid by complainants in accordance with law.

Article 20.Handling of animal feed not up to quality requirements

1. Animal feed not up to quality requirements shall be handled by one or several of the following measures:

a/ Forced re-export: An organization or individual that has animal feed not up to quality requirements and therefore subject to forced re-export shall carry out re-export procedures in accordance with the customs law and other relevant laws, and submit a re-export dossier to the agency in charge of state inspection of quality of animal feed;

b/ Forced destruction: An organization or individual that has animal feed not up to quality requirements and therefore subject to forced destruction shall sign a contract with an organization or individual tasked to destroy violating goods. Such contract must clearly state destruction methods for supervision by the agency in charge of state inspection of quality of animal feed;

c/ Forced reprocessing: An organization or individual that has animal feed not up to quality requirements and therefore subject to forced reprocessing shall reprocess feed products under a plan compliant with law, ensuring that reprocessed products conform to declared applicable quality standards and relevant national technical regulations; and report the reprocessing plan and results to the agency in charge of state inspection of quality of animal feed for supervision when necessary;

d/ Forced change of use purpose: An organization or individual that has animal feed not up to quality requirements and therefore subject to forced change of use purpose shall change the use purpose of feed products under a plan compliant with law; and report the use purpose change plan and results to the agency in charge of state inspection of quality of animal feed for supervision when necessary;

dd/ Forced correction of information: An organization or individual that has animal feed not up to quality requirements and therefore subject to forced correction of information shall correct information about feed products on product labels or in attached documents based on physical inspection results before marketing or using these products.

2. Supervision of destruction of animal feed not up to quality requirements:

a/ Provincial-level Departments of Agriculture and Rural Development shall supervise the destruction of animal feed not up to quality requirements in localities, make minutes of supervision under Point b of this Clause according to their competence, and carry out supervision upon request of the inspection agency under the Ministry of Agriculture and Rural Development;

b/ A minutes of supervision of destruction of animal feed not up to quality requirements must have the following information: legal grounds and reason for destruction; time and place of destruction; participants in the destruction; names, kinds, origin, quantity and status of destroyed products; destruction method; and other contents deemed as necessary.

The destruction supervision minutes shall be certified by representatives of participants in the destruction and organizations and individuals having their products destroyed.

3. Organizations and individuals that have animal feed not up to quality requirements and subject to the measures specified in Clause 1 of this Article shall bear all expenses related to the handling of such feed.

4. For unclaimed animal feed, provincial-level People’s Committees shall organize, and allocate funds for, handling thereof.

Chapter IV

ANIMAL HUSBANDRY CONDITIONS

Article 21.Animal husbandry scale

1. Principles of determination of animal husbandry scale:

a/ Animal husbandry scale for cattle and poultry shall be determined based on number of domestic animal units at an animal husbandry facility at a time;

b/ Animal husbandry scale for other domestic animals shall be determined based on quantity of domestic animals at an animal husbandry facility at a time;

c/ For a facility concurrently raising cattle, poultry other domestic animals, animal husbandry scale covers total domestic animal units of cattle and poultry and quantity of each kind of other domestic animals.

2. Animal husbandry scale for cattle and poultry:

a/ Large-scale farm-based animal husbandry: 300 domestic animal units or more;

b/ Medium-scale farm-based animal husbandry: between 30 domestic animal units and under 300 domestic animal units;

c/ Small-scale farm-based animal husbandry: between 10 domestic animal units and under 30 domestic animal units;

d/ Farmer household-based animal husbandry: fewer than 10 domestic animal units.

3. Management of animal husbandry scale:

a/ Large-scale farm-based animal husbandry shall be managed under Articles 23 and 24 of this Decree;

b/ Medium- or small-scale farm-based animal husbandry must satisfy the conditions specified in Clause 1, Article 55, and Clause 2, Article 57, of the Law on Animal Husbandry.

If committing a violation, a medium- or small-scale farm-based animal husbandry facility must commit to remediating the violation in order to satisfy animal husbandry conditions within 6 months after the violation is detected, and send a report on remediation results to the provincial-level Department of Agriculture and Rural Development that shall carry out physical inspection of remediation results in case of necessity.

Provincial-level Departments of Agriculture and Rural Development shall inspect animal husbandry conditions of medium- and small-scale farm-based animal husbandry facilities once every 3 years;

c/ Farmer household-based animal husbandry must satisfy the conditions specified in Article 56, and Clause 2, Article 57, of the Law on Animal Husbandry.

4. Domestic animal unit coefficient:

a/ Domestic animal unit coefficient shall be used as a basis for converting quantity of domestic animals into domestic animal units;

b/ Domestic animal unit coefficient and formula for converting quantity of domestic animals into domestic animal units are provided in Appendix V to this Decree.

5. When it is necessary to change animal husbandry scale or domestic animal unit coefficient, the Ministry of Agriculture and Rural Development shall propose the Government to consider and decide on the change according to summary order and procedures.

Article 22.Region-based animal husbandry density

1. Agricultural land area used as a basis for determining animal husbandry density includes total area of agricultural land of all types as specified by the land law.

2. Provinces and centrally run cities shall be divided into the following regions for determination of animal husbandry density:

a/ The Red River delta region, embracing the provinces and cities of 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, embracing the provinces of 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 Northern Central Coast region, embracing the provinces and cities of 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, embracing the provinces of Kon Tum, Gia Lai, Dak Lak, Dak Nong, and Lam Dong;

d/ The southeastern region, embracing the provinces and cities of Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria-Vung Tau, and Ho Chi Minh City;

e/ The Mekong River delta region, embracing the provinces and cities of 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. Animal husbandry density applicable to localities in each region is provided in Appendix VI to this Decree.

4. Based on the animal husbandry development strategy, animal husbandry technologies and eco-environment conditions, provincial-level People’s Committees shall decide on animal husbandry density applicable to localities which, however, must not exceed the region-based animal husbandry density mentioned in Clause 3 of this Article.

5. When necessary to change a region-based animal husbandry density, the Ministry of Agriculture and Rural Development shall propose the Government to consider and decide on the change according to summary order and procedures.

Article 23.Grant, re-grant or revocation of certificates of eligibility for animal husbandry for large-scale farm-based animal husbandry

1. Agencies competent to grant, re-grant or revoke certificates of eligibility for animal husbandry for large-scale farm-based animal husbandry are specified as follows:

a/ Provincial-level Departments of Agriculture and Rural Development may grant, re-grant or revoke certificates of eligibility for animal husbandry for large-scale farm-based animal husbandry in localities;

b/ In case a large-scale farm-based animal husbandry facility is located in two or more provinces, the provincial-level Department of Agriculture and Rural Development where investment procedures are registered shall grant, re-grant or revoke certificates of eligibility for animal husbandry for large-scale farm-based animal husbandry.

2. A dossier of application for a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry must comprise:

a/ An application for a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry, made according to Form No. 01.DKCN provided in Appendix I to this Decree;

b/ A written explanation about animal husbandry conditions, made according to Form No. 02.DKCN provided in Appendix I to this Decree.

3. Order and procedures for grant of a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry:

a/ Organizations and individuals shall send a dossier prescribed in Clause 2 of this Article to a competent agency specified in Clause 1 of this Article;

b/ Within 10 working days after receiving a complete and valid dossier, the competent agency shall appraise it.

If the dossier fails to satisfy law-prescribed requirements, the competent agency shall request the applicant to complete it.

If the dossier satisfies law-prescribed requirements, within 20 working days, the competent agency shall form a team to evaluate actual conditions of the animal husbandry facility under Article 24 of this Decree.

In case the animal husbandry facility fails to satisfy law-prescribed conditions, within 6 months after a minutes of evaluation is made, the concerned organization or individual shall remediate the failure and send a report on remediation results to the competent agency for appraisal and re-evaluation of actual conditions (if deeming it necessary).

In case the animal husbandry facility satisfies law-prescribed conditions, within 5 working days after completing the evaluation of actual conditions, the competent agency shall grant a certificate of eligibility for animal husbandry, made according to Form No. 05.DKCN provided in Appendix I to this Decree. In case of refusal to grant such certificate, it shall issue a written reply, clearly stating the reason.

4. A dossier of request for re-grant of a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry must comprise:

a/ A written request for re-grant of a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry, made according to Form No. 01.DKCN provided in Appendix I to this Decree;

b/ A document proving the change, in case of change in information related to the organization or individual named in the certificate;

c/ The original certificate, unless it is lost.

5. Order and procedures for re-grant of a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry:

a/ Organizations and individuals shall send a dossier prescribed in Clause 4 of this Article to a competent agency specified in Clause 1 of this Article;

b/ Within 5 working days after receiving a complete and valid dossier, the competent agency shall re-grant a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry, made according to Form No. 05.DKCN provided in Appendix I to this Decree. In case of refusal to re-grant such certificate, it shall issue a written reply, clearly stating the reason.

6. A competent agency specified in Clause 1 of this Article shall handle an administrative violation, issue a decision revoking a certificate of eligibility for animal husbandry for large-scale farm-based animal husbandry, and send to the Department of Livestock Production and post in the mass media a notice in the following cases:

a/ The animal husbandry facility falls into the case specified at Point a or c, Clause 3, Article 58 of the Law on Animal Husbandry;

b/ The animal husbandry facility no longer satisfies the conditions specified in Clause 1, Article 55 of the Law on Animal Husbandry but fails to remediate its failure within the time limit committed with the competent agency.

7. Expenses for evaluation for grant or re-grant of certificates of eligibility for animal husbandry, and supervisory evaluation of maintenance of animal husbandry conditions for large-scale farm-based animal husbandry must comply with the law on charges and fees.

Article 24.Evaluation of conditions for large-scale farm-based animal husbandry

1. Contents of evaluation for grant of a certificate of eligibility for animal husbandry for a large-scale farm-based animal husbandry facility:

a/ Evaluation of the registration dossier;

b/ Evaluation of actual conditions of the animal husbandry facility based on its satisfaction of the conditions specified in Clause 1, Article 55 of the Law on Animal Husbandry under the guidance provided in Form No. 03.DKCN, and making a minutes of evaluation according to Form No. 04.DKCN, provided in Appendix I to this Decree.

2. A competent agency specified in Clause 1, Article 23 of this Decree shall form a team to evaluate actual conditions of a large-scale farm-based animal husbandry facility, which must be composed of:

a/ The head, who is a leader of a division or higher-level unit or a civil servant having at least 5 years’ experience in the field of animal husbandry;

b/ At least 1 member, who has been trained in evaluation of conditions of animal husbandry facilities organized by the Department of Livestock Production;

c/ At least 1 member, who possesses a university or higher degree in the field of animal husbandry.

3. Contents of supervisory evaluation of maintenance of animal husbandry conditions for a large-scale farm-based animal husbandry facility:

a/ Evaluation of maintenance of actual conditions of the animal husbandry facility specified in Clause 1, Article 55 of the Law on Animal Husbandry;

b/ Evaluation of fulfillment of obligations of the animal husbandry facility specified in Clause 2, Article 57 of the Law on Animal Husbandry.

4.  Supervisory evaluation of maintenance of animal husbandry conditions for large-scale farm-based animal husbandry shall be carried out once every 24 months.

In detecting that an animal husbandry facility shows a sign of violating regulations on animal husbandry conditions, a competent agency specified in Clause 5 of this Article shall carry out unscheduled evaluation and supervision.

5. Provincial-level Departments of Agriculture and Rural Development shall evaluate, and supervise the maintenance of, animal husbandry conditions for large-scale farm-based animal husbandry facilities in localities.

In case of necessity, the Department of Livestock Production shall assume the prime responsibility for, and coordinate with provincial-level Departments of Agriculture and Rural Development in, evaluating, and supervising the maintenance of, animal husbandry conditions for large-scale farm-based animal husbandry facilities in localities.

Article 25.Management of edible-nest swiftlet farming

1. Edible-nest swiftlet farming areas:

a/ Provincial-level People’s Committees shall propose edible-nest swiftlet farming areas to provincial-level People’s Councils for decision;

b/ Edible-nest swiftlet farming areas must be suitable to active behaviors of edible-nest swiftlets and local socio-economic conditions and must not affect the life of local inhabitants.

2. Provisions on edible-nest swiftlet farming facilities:

a/ Swiftlet housing structures and equipment used for edible-nest swiftlet farming must be suitable to active behaviors of edible-nest swiftlets.

Swiftlet housing structures put into use before the effective date of this Decree but failing to comply with Point a, Clause 1 of this Article must have their original conditions kept intact and may not be permitted for renovation;

b/ Having sufficient and quality water sources for edible-nest swiftlet farming and taking environmental protection measures in accordance with the law on environmental protection;

c/ Having files for recording and storing information about edible-nest swiftlet farming activities and preliminary processing and preservation of swiftlet nests to ensure traceability of edible-nest swiftlet products;

d/ Devices producing sounds to attract edible-nest swiftlets must have an acoustic intensity measured at the mouth of swiftlet tweeters not exceeding 70 dBA; swiftlet tweeters produce sounds to attract edible-nest swiftlets from 5:00 hours to 11:30 hours and from 13:30 hours to 19:00 hours every day, except the case specified at Point dd of this Clause;

dd/ Swiftlet tweeters producing sounds may not be used for swiftlet housing structures opened before the effective date of this Decree but failing to comply with Point a, Clause 1 of this Article, and those located in residential areas or at a distance of under 300 meters from a residential area;

e/ It is not allowed to hunt or attract edible-nest swiftlets for purposes other than edible-nest swiftlet farming for harvest of swiftlet nests or scientific research.

3. Organizations and individuals harvesting, preliminarily processing or preserving swiftlet nests shall:

a/ Issue and abide by technical processes of harvesting, preliminarily processing or preserving swiftlet nests;

b/ Ensure that areas, housing structures and workshops for preliminary processing and preservation of swiftlet nests are adequately distant from polluting sources and satisfy epidemic and food safety requirements;

c/ Take appropriate preventive and handling measures to prevent the penetration of pests into areas for preliminary processing and preservation of swiftlet nests;

d/ Use water sources for preliminary processing of swiftlet nests up to domestic water standards;

dd/ Ensure that preliminarily processed swiftlet nests conform to the technical requirements specified in Appendix VII to this Decree.

Article 26.Management of sika deer farming

1. Based on farming scale, sika deer farming facilities must satisfy the conditions specified in Clauses 1 and 2, Article 55, or Article 56, of the Law on Animal Husbandry and the following requirements:

a/ Sika deer farms must ensure that sika deer live in conditions similar to natural conditions;

b/ Sika deer breeds are taken from lawful sika deer farming facilities;

c/ Breeding facilities have files for monitoring sika deer individuals and pedigrees.

2. Organizations and individuals harvesting and preserving sika deer antlers shall:

a/ Take measures to relieve pain for sika deer when removing their antlers;

b/ Preserve removed sika deer antlers in conditions ensuring food hygiene and safety;

c/ Record and store information about harvest and preservation of sika deer antlers ensuring product traceability.

Article 27.List of other animals permitted for farming

1. The list of other animals permitted for farming is provided in Appendix VIII to this Decree.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment in, reviewing and assessing the list of other animals permitted for farming, and proposing the Government to consider and decide on the modification and supplementation of such list once every 3 years or upon receiving a written request according to summary order and procedures.

Chapter V

IMPORT OF ANIMAL HUSBANDRY PRODUCTS AND LIVE DOMESTIC ANIMALS

Article 28.Import of animal husbandry products

1. Imported animal husbandry products highly susceptible to epidemic safety- or food safety-related hazards include:

a/ Animal husbandry products of domestic animal species on the list of terrestrial animals and terrestrial animal products subject to hazard analysis under Article 37 of the Law on Animal Health;

b/ Animal husbandry products subject to food safety-related hazard analysis under Article 49 of the Law on Food Safety;

c/ Animal husbandry products from animal husbandry facilities or processing or preservation facilities suspected of using or detected to use substances banned from use in animal husbandry;

d/ Animal husbandry products preliminarily processed, packed or preserved at facilities suspected of being or detected to be polluted by substances harmful to consumer health;

dd/ Animal husbandry products imported into Vietnam via an intermediary country.

2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related units in, inspecting facilities that produce or provide animal husbandry products in exporting countries before importing animal husbandry products in case of import of the animal husbandry products specified in Clause 1 of this Article under the Government’s Decree No. 35/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Animal Health, and the Government’s Decree No. 15/2018/ND-CP of February 2, 2018, detailing a number of articles of the Law on Food Safety.

Article 29.Import of live domestic animals

1. To be imported for use as food, live domestic animals must satisfy the following requirements:

a/ They are certified by a competent authority of the country of origin as eligible for use as food;

b/ They have been raised at animal husbandry facilities that use no substances banned in animal husbandry under Vietnam’s law;

c/ They satisfy the requirements specified in Clause 1, Article 44 of the Law on Animal Health.

2. Unless otherwise provided by relevant agreements between Vietnam and foreign countries, the following border gates may receive live domestic animals imported into Vietnam:

a/ Noi Bai, Da Nang, and Tan Son Nhat airports.

b/ Land border gates of Huu Nghi and Chi Ma (Lang Son province), Ta Lung (Cao Bang province), Thanh Thuy (Ha Giang province), Ha Khau (Lao Cai province), Mong Cai (Quang Ninh province), Cau Treo (Ha Tinh province), Lao Bao (Quang Tri province), Moc Bai (Tay Ninh province), and Moc Hoa (Long An province).

c/ Seaports: Cai Lan (Quang Ninh province), Hai Phong, Cua Lo (Nghe An province), Da Nang, Quy Nhon (Binh Dinh province), Cat Lai (Ho Chi Minh City), and Cai Mep (Ba Ria - Vung Tau province).

Chapter VI

TREATMENT OF ANIMAL HUSBANDRY WASTES

Article 30.Marketed products for treatment of animal husbandry wastes

1. Organizations and individuals producing or trading in products for treatment of animal husbandry wastes shall declare their applicable standards in accordance with the law on product and goods quality.

Technical norms of products for treatment of animal husbandry wastes must be announced in applicable standards specified in Appendix IX to this Decree.

2. Organizations and individuals shall publicize product information on the portal of the Ministry of Agriculture and Rural Development before putting their products for sale on the market.

During the development and completion of the database for the disclosure of information about products for treatment of animal husbandry wastes, organizations and individuals shall send such information to the Department of Livestock Production for summarization and posting on the portal of the Ministry of Agriculture and Rural Development.

3. A dossier for disclosure of information about domestically produced products for treatment of animal husbandry wastes must comprise:

a/ Information about the establishment producing products for treatment of animal husbandry wastes (name, address and contact information);

b/ Declared applicable standards specified in Clause 1 of this Article;

c/ A slip of product quality testing results issued within 12 months counting to the date of information disclosure by a laboratory that has been granted a testing operation registration certificate;

d/ Product label specimens in accordance with the law on goods labeling;

dd/ Results of the assay of products for treatment of animal husbandry wastes produced in Vietnam for the first time and containing a new substance not yet assayed in Vietnam or assessment or pre-acceptance minutes of a scientific council, for products being outcomes of ministerial or national scientific research subjects which have been recognized or permitted by a competent agency;

e/ An invention protection title or a written commitment on non-violation of intellectual property regulations for products to be registered for market sale.

4. A dossier for disclosure of information about imported products for treatment of animal husbandry wastes must comprise:

a/ Information about the establishment producing products for treatment of animal husbandry wastes (name, address and contact information);

b/ A certificate of free sale or a document of equivalent validity granted by a competent agency of the country of origin;

c/ A sheet of product information issued by the producer, specifying ingredients, utilities and use instructions;

d/ Announced standards of importers applicable to products, in Vietnamese;

dd/ Product package labels provided by the producer, attached with auxiliary labels in Vietnamese;

e/ A slip of testing results issued within 12 months counting to the date of information disclosure by a laboratory that has been granted a testing operation registration
certificate;

g/ Results of the assay of products imported into Vietnam for the first time and containing a new substance not yet assayed in Vietnam.

5. In case of change in information about products for treatment of animal husbandry wastes, a producer or trader shall update by itself/himself/herself information on the portal of the Ministry of Agriculture and Rural Development.

Article 31.Assay of products for treatment of animal husbandry wastes

1. Products for treatment of animal husbandry wastes produced in, or imported into, Vietnam for the first time and containing a new substance not yet assayed in Vietnam shall be assayed before being announced, except those created from recognized outcomes of the performance of ministerial or national scientific and technological tasks.

2. Products for treatment of animal husbandry wastes shall be assayed at an assay establishment that satisfies the following conditions:

a/ Having physical facilities and technical equipment satisfying conditions for assay of each type of products for treatment of animal husbandry wastes;

b/ Having a chief technician who possesses a university or higher degree in animal husbandry, animal health, chemistry, biotechnology or environmental technology;

c/ Having a laboratory that has been granted a testing operation registration certificate or signing a contract with a unit having such a laboratory;

d/ An establishment that assays microbiological products used for treatment of animal husbandry wastes must have refrigerators and deep freezers for keeping microbiological strains for assay.

3. Contents of assay include:

a/ Assessment of product ingredients and quality according to declared applicable standards;

b/ Assessment of safety for human health, domestic animals and the environment during the use of products;

c/ Assessment of animal husbandry waste treatment effects of products.

4. Assay establishments shall make reports on product assay results according to Form No. 01.MTCN provided in Appendix I to this Decree.

5. Assay establishments shall keep records of product assay results for at least 3 years after completing an assay.

Article 32.Establishments producing products for treatment of animal husbandry wastes

An establishment producing products for treatment of animal husbandry wastes must satisfy the following requirements:

1. It is located in an area not polluted by hazardous wastes or toxic chemicals;

2. Having firmly structured workshops that meet requirements on quality control and biosafety; raw material, material and finished product storage areas that ensure no cross-contamination; and specialized warehouses or tools to preserve special materials and products as recommended by the producer or supplier;

3. Having production lines and equipment in contact with raw materials and finished products made of easy-to-clean materials;

4. Having a laboratory for quality inspection in the production process or signing a contract with a laboratory to do so;

5. Having equipment for waste collection and treatment during the production process, ensuring no environmental pollution in the production area;

6. An establishment producing microbial biomass must have equipment to create an environment for and keep and grow microorganisms to ensure safety for humans and the environment;

7. Having a product quality control system.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 33.Effect

1. This Decree takes effect on March 5, 2020.

2. This Decree replaces:

a/ The Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on management of domestic animal and aquatic feed;

b/ The Government’s Decree No. 100/2017/ND-CP of August 18, 2017, amending and supplementing a number of articles of Decree No. 39/2017/ND-CP;

c/ Clause 5, Article 1, and Article 3, of the Government’s Decree No. 123/2018/ND-CP of September 17, 2018, amending and supplementing a number of the decrees prescribing investment and business conditions in agriculture;

d/ Articles 9, 10 and 11 of the Government’s Decree No. 66/2016/ND-CP of July 1, 2016, prescribing business investment conditions in plant protection and quarantine; plant varieties; ordinary forest animal raising; animal husbandry; fisheries; and food industry.

3. This Decree annuls:

a/ The Minister of Agriculture and Rural Development’s Decision No. 78/2004/QD-BNN of December 31, 2004, promulgating the list of precious and rare animal breeds prohibited from export;

b/ The Minister of Agriculture and Rural Development’s Decision No. 88/2005/QD-BNN of December 27, 2005, promulgating the list of precious and rare livestock genetic resources in need of conservation;

c/ The Minister of Agriculture and Rural Development’s Decision No. 43/2006/QD-BNN of June 1, 2006, promulgating the regulation on international exchange of precious and rare livestock genetic resources;

d/ The Minister of Agriculture and Rural Development’s Circular No. 92/2007/TT-BNN of November 19, 2007, guiding the implementation of a number of articles of the Prime Minister’s Decision No. 1405/QD-TTg of October 16, 2007, prescribing conditions for incubation of poultry eggs and rearing of water birds;

dd/ The Minister of Agriculture and Rural Development’s Circular No. 02/2011/TT-BNNPTNT of January 21, 2011, guiding tasks of state management of animal husbandry;

e/ Clause 1, Article 1 of the Minister of Agriculture and Rural Development’s Circular No.  61/2011/TT-BNNPTNT of September 12, 2011, promulgating the national technical regulation in the field of animal feed;

g/ Articles 1 thru 6 of the Minister of Agriculture and Rural Development’s Circular No. 19/2011/TT-BNNPTNT of April 6, 2011, amending, supplementing or annulling a number of provisions on administrative procedures in the field of animal husbandry under Resolution No. 57/NQ-CP of December 15, 2010;

h/ The Minister of Agriculture and Rural Development’s Circular No. 06/2012/TT-BNNPTNT of February 1, 2012, promulgating the additional list of precious and rare livestock genetic resources in need of conservation;

i/ The Minister of Agriculture and Rural Development’s Circular No. 35/2013/TT-BNNPTNT of July 1, 2013, provisionally providing the management of edible-nest swiftlet farming;

k/ The Minister of Agriculture and Rural Development’s Circular No. 14/2014/TT-BNNPTNT of April 28, 2014, promulgating the list of high-yield domestic animal breeds;

l/ The Minister of Agriculture and Rural Development’s Circular No. 20/2017/TT-BNNPTNT of November 10, 2017, guiding the implementation of the Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on management of domestic animal and aquatic feed;

m/ The Minister of Agriculture and Rural Development’s Circular No. 01/2018/TT-BNNPTNT of January 16, 2018, promulgating the list of domestic animal breeds permitted for production and trading in Vietnam.

Article 34.Transitional provisions

1. Animal feed production establishments having certificates of regulation conformity regarding conditions on animal feed production and processing establishments in accordance with the Government’s Decree No. 39/2017/ND-CP of April 4, 2017, on management of domestic animal and aquatic feed (below referred to as Decree No. 39/2017/ND-CP) but these certificates cease to be effective during the period from the effective date of this Decree through December 31, 2020, may continue their production for up to 12 months from the date these certificates expire.

2. Animal feed production establishments having certificates of regulation conformity regarding conditions on animal feed production and processing establishments in accordance with Decree No. 39/2017/ND-CP may continue their production until these certificates expire, except the cases specified in Clause 1 of this Article.

3. Animal feed production establishments other than those specified in Clauses 1 and 2 of this Article may continue their production but shall apply for a certificate of eligibility for animal feed production within 12 months from the effective date of this Decree.

4. Imported animal feed products subject to termed reduced inspection of or termed exemption from quality inspection under Decree No. 39/2017/ND-CP may continue being subject to such regimes until expiration of the validity duration stated in written certifications of reduced inspection or inspection exemption.

5. Quality inspection of imported animal feed subject to no technical regulations must continue complying with Decree No. 39/2017/ND-CP through June 30, 2020.

6. Imported complete compound feed and concentrated feed permitted for sale in accordance with Decree No. 39/2017/ND-CP may continue to be marketed until expiration of the validity duration publicized on the portal of the Ministry of Agriculture and Rural Development.

7. Organizations and individuals having submitted complete dossiers of request for clearance of administrative procedures for animal feed before the effective date of this Decree shall comply with relevant regulations effective at the time of dossier submission.

8. Products for treatment of animal husbandry wastes that have been recognized as imbued with technical advances or new technologies under decisions of the Ministry of Agriculture and Rural Development’s Department of Livestock Production before December 31, 2019, are not subject to Clause 2, Article 31 of this Decree.

Article 35.Implementation responsibility

Ministers, heads of ministerial-level agencies and government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The appendices to this Decree are not translated.