Decree 46/2022/ND-CP amend Decree 13/2020/ND-CP guiding the Law on Animal Husbandry

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Decree No. 46/2022/ND-CP dated July 13, 2022 of the Government amending and supplementing a number of articles of the Government’s Decree No. 13/2020/ND-CP of January 21, 2020, guiding in detail the Law on Animal Husbandry
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Official number:46/2022/ND-CPSigner:Le Van Thanh
Type:DecreeExpiry date:Updating
Issuing date:13/07/2022Effect status:
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Fields:Agriculture - Forestry

SUMMARY

09 cases eligible for exemption from state inspection of quality of animal feed upon import

On July 13, 2022, the Government issues the Decree No. 46/2022/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 13/2020/ND-CP of January 21, 2020, guiding in detail the Law on Animal Husbandry.

Specifically, entities for which grant of certificates of eligibility for animal feed production is not required include: Establishments that produce (produce, preliminarily process or process) traditional animal feed for commercial purposes on the scale of household or business household; Food production establishments that meet the food safety requirements of Vietnam’s law and have food products and by-products created in the process of food production and qualified for use as animal feed without undergoing any other preliminary processing or processing steps by these establishments themselves.

Additionally, goods eligible for exemption from state inspection of quality of animal feed upon import include: Animal feed temporarily imported for re-export or re-imported for recycling at the request of foreign partners; Animal feed in transit, border-gate transfer or transshipment; Animal feed from foreign countries consigned to bonded warehouses; Animal feed for display at fairs and exhibitions and for advertisement.

Animal feed for use as analytical samples in laboratories; animal feed for use as testing samples to serve assay, assessment and certification of conformity with national technical regulations, and inter-laboratory test; animal feed for scientific research; animal feed of people on entry within the duty-free allowances; and animal feed imported to serve urgent requirements under decisions of the Government or Prime Minister are also eligible for exemption from state inspection of quality of animal feed upon import.

This Decree takes effect on the date of its signing.

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TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 46/2022/ND-CP

 

Hanoi, July 13, 2022

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 13/2020/ND-CP of January 21, 2020, guiding in detail the Law on Animal Husbandry[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

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 amending and supplementing a number of articles of the Government’s Decree No. 13/2020/ND-CP of January 21, 2020, guiding in detail the Law on Animal Husbandry.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 13/2020/ND-CP of January 21, 2020, guiding in detail the Law on Animal Husbandry

1. To amend and supplement a number of clauses of Article 3 as follows:

a/ To amend Clause 5 as follows:

“5. Livestock unit coefficient is a constant applied to directly convert the quantity of livestock into livestock unit.”

b/ To amend Clause 6 as follows:

“6. Loudspeaker is an audio device used to lure swiftlets which is installed around the entry and exit paths of swiftlets”.

c/ To add Clauses 11, 12 and 13 as follows:

“11. New substance in livestock waste treatment products is a chemical, biological product or microorganism not included in the List of chemicals, biological products and microorganisms permitted to be used in livestock waste treatment products in Vietnam.

12. Establishment producing livestock waste treatment products is an establishment that performs one or all of the activities of processing and producing livestock waste treatment products.

13. Original livestock breed products are livestock breed products exploited from original breeds.”

2. To amend and supplement a number of clauses of Article 4 as follows:

a/ To amend and supplement Clause 6 as follows:

“6. Dossiers in foreign languages must be accompanied by their Vietnamese translations certified by the organization or individual performing administrative procedures or notarized Vietnamese translations.”

b/ To add Clause 8 as follows:

“8. In case of disasters or epidemics as prescribed by law: To apply the form of online evaluation to production and business establishments, conformity assessment bodies and assessment and licensing agencies that meet requirements regarding resources and technical means for online evaluation (computers, Internet connection, software applications, audio and video recorders, etc.); to suspend periodical supervisory evaluation for at most 6 months or to grant temporary licenses of a validity duration of at most 6 months and conduct quality inspection of imported goods on the basis of considering the completeness and validity of dossiers without having to carry out on-site physical evaluation. Production and business organizations and individuals and conformity assessment bodies shall take responsibility before law for the accuracy of information, documents, images and dossiers they provide to licensing agencies. Physical evaluation shall be carried out after disasters and epidemics are controlled in accordance with law; and violating organizations and individuals shall have their licenses revoked immediately and be handled in accordance with law.”

c/ To add Clause 9 as follows:

“9. Retention of dossiers

a/ Documents and dossiers related to state inspection of quality of imported animal feed and state inspection of quality of imported livestock waste treatment products shall be retained for 5 years from the date of issuance of the notices of inspection results;

b/ Documents and dossiers related to import of animal feed for which disclosure of information on the Portal of the Ministry of Agriculture and Rural Development has not yet been carried out or import of livestock waste treatment products containing new substances shall be retained for 5 years from the date of issuance of import permits.”

3. To add Article 5a below Article 5 as follows:

“Article 5a. Order placement mechanism for import, production, raising and supply of original livestock breed products

1. Activities eligible for order placement include: import, production, raising and supply of original livestock breed products.

2. Entities engaged in the placement of orders for import, production, raising and supply of original livestock breed products must satisfy the following conditions:

a/ Public non-business units have the functions and tasks of researching and producing livestock breeds; producers and suppliers of original livestock breed products have registered a business line in the field of livestock breeds, are financially capable, satisfy requirements on original livestock breeds and meet the conditions applicable to livestock breed production and trading establishments specified in Articles 22 and 23 of the Law on Animal Husbandry;

b/ Satisfying the techno-economic norms applicable to each type of original livestock breed promulgated by the Ministry of Agriculture and Rural Development.

3. The selling prices of and subsidy levels for original livestock breed products shall be decided by competent authorities in accordance with the law on price and other relevant laws.

4. Bases for placement of orders, contents of orders and other regulations on placement of orders for import, production, raising and supply of original livestock breed products must comply with law.”

4. To add Clauses 3 and 4 to Article 9 as follows:

“3. Establishments that have a certificate of eligibility for animal feed production shall, when producing commercial animal feed or producing animal feed as hired by other organizations or individuals, hand over a copy of the batch production record to the latter for retention to serve inspection, examination and origin tracing.

4. Organizations and individuals that hire establishments having a certificate of eligibility for animal feed production to produce commercial animal feed products shall retain dossiers for disclosure of product information on the Portal of the Ministry of Agriculture and Rural Development, declaration of applicable standards, declaration of conformity, production records and test results to serve inspection, examination and origin tracing.

Organizations and individuals that hire establishments having a certificate of eligibility for animal feed production to produce animal feed products on order shall retain production records and test results to serve inspection, examination and origin tracing.”

5. To amend and supplement Clause 8, Article 10 as follows:

“8. Entities for which grant of certificates of eligibility for animal feed production is not required include:

a/ Establishments that produce (produce, preliminarily process or process) traditional animal feed for commercial purposes on the scale of household or business household;

b/ Food production establishments that meet the food safety requirements of Vietnam’s law and have food products and by-products created in the process of food production and qualified for use as animal feed without undergoing any other preliminary processing or processing steps by these establishments themselves.”

6. To add Clause 6 to Article 11 as follows:

“6. The supervisory evaluation of maintenance of the conditions for animal feed production shall be carried out as follows: Within 6 months before the time of supervisory evaluation specified at Point a or b, Clause 5 of this Article, the agency competent to grant certificates of eligibility for animal feed production shall issue a notice thereof to the concerned organization or individual. Within 20 days from the date of issuance of the notice, the evaluation agency shall set up an evaluation team and conduct on-site physical evaluation according to Point a, Clause 1, and Clauses 2, 3 and 4, of this Article. Within 5 working days after the evaluation is completed, the competent agency shall issue a notice of evaluation results according to Form No. 13.TACN provided in Appendix I to this Decree.”

7. To amend and supplement a number of clauses of Article 14 as follows:

a/ To amend and supplement Clause 3 as follows:

“3. The order of recognition of an animal feed testing method of an exporting country’s laboratory is specified as follows:

Within 30 days after receiving a complete dossier, the Department of Livestock Production shall form an evaluation team to appraise the dossier; in case the dossier lacks information or authenticity, the Department of Livestock Production shall form an evaluation team to carry out physical evaluation at the laboratory of the exporting country. In case dossier appraisal and physical evaluation results are satisfactory, within 5 working days after the appraisal or evaluation is completed, the Department of Livestock Production shall issue a decision on recognition of the animal feed testing method of the exporting country’s laboratory according to Form No. 14/TACN provided in Appendix I to this Decree; in case of refusal, it shall reply in writing, clearly stating the reason. A decision on recognition of an animal feed testing method of an exporting country’s laboratory shall be valid for up to 5 years.”

b/ To amend and supplement Clause 4 as follows:

“4. An evaluation team must be composed of representatives of the Department of Livestock Production and related units and technical experts.”

c/ To add Clause 5 as follows:

“5. Organizations and individuals registering for recognition of animal feed testing methods of laboratories of exporting countries shall provide complete and accurate dossiers to serve the appraisal and evaluation; and coordinate with the Department of Livestock Production in conducting the evaluation.”

8. To amend and supplement a number of clauses of Article 15 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. The order of recognition of an animal feed assay and recognition process of an exporting country is specified as follows:

Within 30 days after receiving a complete dossier, the Department of Livestock Production shall form an evaluation team to appraise the dossier; in case the dossier lacks information and authenticity, the Department of Livestock Production shall form a team to conduct physical evaluation in the exporting country. In case dossier appraisal and physical evaluation results are satisfactory, within 5 working days after the appraisal or evaluation is completed, the Department of Livestock Production shall issue a decision on recognition of the animal feed assay and recognition process of the exporting country according to Form No. 15 provided in Appendix I to this Decree; in case of refusal, it shall issue a written reply, clearly stating the reason.”

b/ To amend and supplement Clause 3 as follows:

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

c/ To add Clause 4 as follows:

“4. Organizations and individuals registering for recognition of animal feed assay and recognition processes of exporting countries shall provide complete and accurate dossiers to serve the appraisal and evaluation and coordinate with the Department of Livestock Production in carrying out the evaluation.”

9. To amend and supplement a number of clauses of Article 18 as follows:

a/ To amend and supplement Clause 4 as follows:

“4. The order of state inspection of quality of imported animal feed is specified as follows:

a/ An organization or individual shall send 1 dossier set specified in Clause 3 of this Article to the inspection agency specified in Clause 1 of this Article. Within 1 working day after receiving the dossier, the inspection agency shall notify the organization or individual of the completeness of the dossier;

b/ Within 3 working days after receiving a complete dossier, the inspection agency shall appraise the dossier.

In case the dossier does not meet the requirements, the inspection agency shall request the organization or individual to supplement and complete the dossier.

In case the dossier meets the requirements, the inspection agency shall make a certification in the request for registration for quality inspection and certification for the organization or individual to carry out the procedures specified at Points c and d of this Clause;

c/ For the animal feed specified at Point a, Clause 2 of this Article: The organization or individual may enjoy customs clearance immediately after completing customs procedures. Within 15 working days after the goods shipment is cleared from customs procedures, the organization or individual shall submit the conformity assessment result to the inspection agency. The organization or individual shall take full responsibility for the result of self-assessment of conformity and ensure that the goods shipment conforms to the declared applicable technical regulation or standard. In case the goods shipment inspection result is unsatisfactory, the organization or individual shall report thereon to the inspection agency or the conformity certification organization shall notify thereof to the inspection agency for handling in accordance with law;

d/ For the animal feed specified at Point b, Clause 2 of this Article: The organization or individual shall complete customs declaration procedures and select a designated conformity certification organization operating in the field of animal feed to conduct conformity assessment for the goods shipment. In case the goods shipment is conformable to the declared applicable technical regulation or standard, the conformity certification organization shall issue a certificate of conformity for the goods shipment for the organization or individual to submit it to the customs office for customs clearance and, at the same time, notify thereof to the inspection agency.

In case the goods shipment inspection result is unsatisfactory, the conformity certification organization shall notify thereof to the inspection agency for handling in accordance with law.”

b/ To amend and supplement Points a and c, Clause 5 as follows:

“a/ The exemption from state inspection of quality of imported animal feed applies to animal feed of the same type (name, recognition code, ingredients, quality, utility, form, and color) of the same producer and the same importer for which, after 3 consecutive times of import, conformity assessment results are satisfactory and the inspection agency has issued a written certification of exemption from state inspection of quality for a period of 1 year. During the period of exemption from state inspection of quality of imported animal feed, the concerned organization or individual is not required to conduct conformity assessment and declaration of conformity for each imported goods shipment.

Organizations and individuals that wish to enjoy exemption from state inspection of quality of animal feed under this Clause shall submit a request for exemption from state inspection of quality of imported animal feed, made according to Form No. 17.TACN provided in Appendix I to this Decree, to the inspection agency, enclosed with the result sheets of assessment of conformity with national technical regulations of 3 consecutive preceding times of import. Within 3 working days after receiving a valid dossier, the inspection agency shall make a written certification of the product’s eligibility for exemption from quality inspection;

c/ During the period of exemption from state inspection of quality of imported animal feed, the inspection agency shall:

Conduct unscheduled inspection of imported goods shipments when detecting or receiving complaints or denunciations about the quality of imported goods or at the request of competent agencies or as directed by superior management agencies.

Issue a written notice of halting the application of the inspection exemption regime if the imported goods circulated on the market are found to be unconformable with national technical regulations or declared applicable standards or when there are complaints or denunciations about conformity assessment results which are verified to be true, or when the result of unscheduled inspection of the imported goods shipment’s conformity is unsatisfactory.”

c/ To add Clause 6 as follows:

“6. Goods eligible for exemption from state inspection of quality of animal feed upon import include:

a/ Animal feed temporarily imported for re-export or re-imported for recycling at the request of foreign partners;

b/ Animal feed in transit, border-gate transfer or transshipment;

c/ Animal feed from foreign countries consigned to bonded warehouses;

d/ Animal feed for display at fairs and exhibitions and for advertisement;

dd/ Animal feed for use as analytical samples in laboratories;

e/ Animal feed for use as testing samples to serve assay, assessment and certification of conformity with national technical regulations, and inter-laboratory test;

g/ Animal feed for scientific research;

h/ Animal feed of people on entry within the duty-free allowances;

i/ Animal feed imported to serve urgent requirements under decisions of the Government or Prime Minister at the proposal of the Ministry of Agriculture and Rural Development.”

10. To add Article 18a below Article 18 as follows:

“Article 18a. Post-customs clearance state inspection of quality of imported animal feed

1. Inspection agencies: the Department of Livestock Production and provincial-level Departments of Agriculture and Rural Development.

2. Contents of inspection: as specified in Clauses 2 and 3, Article 41; Clauses 2 and 4, Article 43; and Clause 2, Article 49, of the Law on Animal Husbandry.

3. Frequency of inspection

a/ Periodical inspection shall be carried out at most once a year per imported animal feed product of the same origin; and at most once a year per importer. The selection of products and importers for annual inspection shall be based on the following criteria:

For animal feed products: nature, utilities, production establishment, country of production, import quantity and import value, and results of quality inspection in the year preceding the year of inspection;

For animal feed importers: import quantity of each product of the importer, import purpose; and the importer’s law observance in the year preceding the year of inspection;

Other criteria specified in legal documents on animal feed (if any);

b/ Unscheduled inspection shall be carried out when detecting signs of violation by the importer, or when there is a denunciation or complaint about product quality or at the request of a competent authority or as directed by a superior management agency.

4. Order of inspection

a/ The Department of Livestock Production shall access information on imported animal feed shipments on the Vietnam National Single Window to obtain grounds  for formulation of the annual inspection program specified at Point b of this Clause;

b/ An annual inspection program covers: names and addresses of importers subject to inspection, quantity of products subject to inspection, inspection contents, inspection agency, inspection time, and time for reporting inspection results;

c/ Before October 30 every year, the Department of Livestock Production shall notify the inspection program to provincial-level Departments of Agriculture and Rural Development. The inspection agencies specified in Clause 1 of this Article shall carry out the inspection and make inspection records according to Form No. 16.TACN provided in Appendix I to this Decree; and handle the inspection results in accordance with the law.

5. Funds for inspection: central and local budgets.

6. Organization of implementation: The inspection agencies specified in Clause 1 of this Article shall organize post-customs clearance state inspection of quality of imported animal feed in combination with physical inspection at establishments that produce, trade in, import or use animal feed.”

11. To amend and supplement Clause 2, Article 19 as follows:

“2. The testing of animal feed samples for the purpose of state management must be carried out before the expiry date of the sampled batch of products (this provision does not apply to cases of testing banned substances in animal feed).

The result of first-time inspection must be notified to the concerned organization or individual at least 15 days before the expiry date of the product batch (this provision does not apply to cases of unscheduled inspection under regulations on inspection and examination). Within 2 working days after receiving a complaint from the concerned organization or individual, the inspection agency shall send samples for re-testing.”

12. To amend and supplement a number of clauses of Article 21 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Animal husbandry scale shall be determined by the number of livestock units at a time, for the types of livestock specified in Appendix V to this Decree.”

b/ To amend the opening sentence of Clause 2 as follows:

“2. The animal husbandry scale shall be specified as follows:”

c/ To amend and supplement Point b, Clause 3 as follows:

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

Provincial-level Departments of Agriculture and Rural Development and district-level People’s Committees shall inspect animal husbandry conditions of medium- and small-sized farm-based husbandry establishments according to the criteria specified in the Table of criteria for evaluation of animal husbandry conditions in Form No. 04.DKCN provided in Appendix I to this Decree. The frequency of periodical inspection is once every 3 years; unscheduled inspection shall be carried out upon detecting signs of violations or when there are denunciations and complaints about the quality of animal husbandry products or animal husbandry conditions or as directed by superior management agencies.

In case of committing violations, medium- and small-sized farm-based husbandry establishments shall commit to remediate violations and ensure husbandry conditions within 6 months from the date their violations are detected and send a report on remediation results to inspection agencies. The inspection agencies shall carry out an actual inspection of the remediation results when necessary.”

13. To add Clause 4a below Clause 4, Article 24 as follows:

“4a. The supervisory evaluation of maintenance of animal husbandry conditions shall be carried out as follows: Within 6 months before the time of supervisory evaluation, the competent agency specified in Clause 5 of this Article shall notify such in writing to the concerned organization or individual. Within 20 days from the date of issuance of the notice, the evaluation agency shall set up an evaluation team and organize on-site physical evaluation as prescribed at Point b, Clause 1, and Clause 3, of this Article. Within 5 working days after the evaluation is completed, the evaluation agency shall issue a notice of evaluation results, made according to Form No. 06.DKCN provided in Appendix I to this Decree.”

14. To amend and supplement Clause 2, Article 29 as follows:

“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/ International airports;

b/ Land border gates: international border gates and main border gates;

c/ Special seaports, class-I seaports, class-II seaports and class-III seaports.”

15. To amend and supplement a number of clauses of Article 30 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Organizations and individuals producing and trading in livestock waste treatment products shall declare applicable standards and declare conformity in accordance with the law on product and goods quality.

The quality criteria of livestock waste treatment products which are subject to declaration in the declared applicable standards are specified in Form No. 01.MTCN provided in Appendix I to this Decree.”

b/ To amend and supplement Clause 2 as follows:

“2. Organizations and individuals shall access the Portal of the Ministry of Agriculture and Rural Development to disclose information on livestock waste treatment products before selling their products on the market.

As soon as organizations and individuals disclose information on livestock waste treatment products, they may produce and trade in such products and shall be held responsible for the quality and safety of such products.

During the period of building and improving the system of databases serving the disclosure of information on livestock waste treatment products, organizations and individuals shall send such information to the Department of Livestock Production for summarization and publication on the Portal of the Ministry of Agriculture and Rural Development. Organizations and individuals shall be held responsible for the information they send for disclosure and for the quality and safety of the livestock waste treatment products for which information has been disclosed.”

c/ To amend and supplement Clause 3 as follows:

“3. A dossier for disclosure of information of a domestically produced livestock waste treatment product must comprise:

a/ Information about the establishment producing the livestock waste treatment product, made according to Form No. 02.MTCN provided in Appendix I to this Decree;

b/ The text of the declared applicable standard and the product’s declaration of conformity;

c/ The product quality test result sheet;

d/ The product label sample as prescribed by the law on goods labels.”

d/ To amend and supplement Clause 4 as follows:

“4. A dossier for disclosure of information of an imported livestock waste treatment product must comprise:

a/ Information on the establishment producing the livestock waste treatment product, made according to Form No. 02.MTCN provided in Appendix I to this Decree;

b/ The certificate of free sale or an equivalent document issued by a competent authority of the country of origin;

c/ An information sheet on ingredients, utilities, and instructions for use of the product, provided by the producer;

d/ The text of the declared applicable standard and the product’s declaration of conformity;

dd/ The product label sample, provided by the producer, enclosed with the supplementary label in Vietnamese;

e/ The product quality test result sheet.”

16. To amend and supplement a number of clauses of Article 31 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. For livestock waste treatment products which are imported into or produced in Vietnam for the first time and contain new substances not yet assayed in Vietnam, it is required to conduct assay before disclosing product information, except livestock waste treatment products which are recognized outcomes of ministerial- or national-level scientific and technological tasks.

For livestock waste treatment products which are produced in or imported into Vietnam for the first time and contain new substances included in the List of raw materials permitted for use as animal feed, it is required to conduct assay according to Points a and c,  Clause 3 of this Article.

The Ministry of Agriculture and Rural Development shall promulgate a List of chemicals, biological products and microorganisms permitted for use in livestock waste treatment products in Vietnam on the basis of assay results, recognized outcomes of scientific and technological tasks, permission of competent state agencies or results of review, survey and practical evaluation.”

b/ To amend and supplement Clause 3 as follows:

“3. Contents of assay of a product include:

a/ Evaluation of the ingredients and quality of the product according to the declared applicable standard;

b/ Evaluation of the safety for livestock and the environment in the process of using the product;

c/ Evaluation of the livestock waste treatment effects of the product.”

c/ To amend and supplement Clause 4 as follows:

“4. Recognition of assay results

a/ After the assay is completed, the concerned organization or individual shall compile a dossier requesting recognition of the assay result;

b/ A dossier of request for recognition of the assay result must comprise:

A request for recognition of the assay result of the livestock waste treatment product containing new substances, made according to Form No. 03.MTCN provided in Appendix I to this Decree;

A report on the assay result of the livestock waste treatment product containing new substances, made according to Form No. 04.MTCN provided in Appendix I to this Decree;

c/ Order and procedures for recognition of assay results

Organizations and individuals that have their livestock waste treatment products assayed shall send 1 dossier set specified at Point b, Clause 4 of this Article to the Department of Livestock Production.

Within 20 working days after receiving a complete and valid dossier, the Department of Livestock Production shall form a Council for evaluation of assay results which must be composed of representatives of the Department of Livestock Production, related units and technical experts. Within 5 working days after receiving a dossier that has been finalized based on the opinion of the Evaluation Council, the Department of Livestock Production shall consider and issue a decision on recognition of a livestock waste treatment product containing the new substance that has undergone assay, made according to Form No. 05.MTCN provided in Appendix I to this Decree. In case of recognition refusal, the Department of Livestock Production shall issue a written reply, clearly stating the reason;

d/ Within 3 working days after issuing a decision on recognition of the result of assay of a livestock waste treatment product, the Department of Livestock Production shall publicize the decision on its Portal. The concerned organization or individual may produce or trade in the product right after obtaining the decision on recognition of assay results.”

d/ To amend and supplement Clause 5 as follows

“5. Assay establishments shall retain dossiers of assay results for at least 3 years after the assay is completed, and shall take responsibility for assay results and submit to the inspection and examination of assay activities by competent state agencies.”

17. To add Clauses 8 and 9 to Article 32 as follows:

“8. Establishments that have a certificate of eligibility for production of livestock waste treatment products shall, when producing commercial livestock waste treatment products or producing livestock waste treatment products as hired by other organizations and individuals, hand over a copy of the batch production record to the latter to serve inspection, examination and origin tracing.

9. Organizations and individuals that hire establishments having a certificate of eligibility for production of livestock waste treatment products to produce commercial livestock waste treatment products shall retain a dossier for disclosure of product information on the Portal of the Ministry of Agriculture and Rural Development, declaration of applicable standards, declaration of conformity, production records and assay results to serve inspection, examination and origin tracing.

Organizations and individuals that hire establishments having a certificate of eligibility for production of livestock waste treatment products to produce on order livestock waste treatment products shall retain production records and assay results to serve inspection, examination and trace origin.”

18. To add Articles 32a, 32b, 32c, 32d, 32dd, 32e, 32g and 32h below Article 32 as follow:

a/ To add Article 32a as follows:

“Article 32a. Grant, re-grant and revocation of certificates of eligibility for production of livestock waste treatment products

1. Implementing agency: the Department of Livestock Production

2. A dossier of application for a certificate of eligibility for production of livestock waste treatment products must comprise:

a/ An application for a certificate of eligibility for production of livestock waste treatment products, made according to Form No. 06.MTCN provided in Appendix I to this Decree;

b/ A presentation of the conditions of the establishment producing livestock waste treatment products, made according to Form No. 07.MTCN provided in Appendix I to this Decree;

c/ The quality and biosafety control process of the establishment producing livestock waste treatment products, made according to Form No. 08.MTCN provided in Appendix I to this Decree;

d/ In case the establishment producing both livestock waste treatment products and animal feed, the dossier must comprise the documents specified at Points a and b of this Clause and Points c and d, Clause 2, Article 10 of this Article.

3. Order and procedures for grant of a certificate of eligibility for production of livestock waste treatment products

a/ A production establishment shall send a dossier specified in Clause 2 of this Article to the Department of Livestock Production. Within 10 working days after receiving a complete dossier, the Department of Livestock Production shall appraise the dossier. In case the dossier does not satisfy the prescribed requirements, the Department of Livestock Production shall request the applicant to supplement and complete it;

b/ In case the dossier satisfies the prescribed requirements, within 20 working days after receiving it, the Department of Livestock Production shall form a team to evaluate practical conditions of the production establishment according to the  evaluation contents specified in Form No. 09.MTCN provided in Appendix I to this Decree, and make an evaluation minutes according to Form No. 10.MTCN 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 and send a report on remediation result to the Department of Livestock Production for appraisal and re-evaluation of the practical conditions (if necessary).

In case the establishment satisfies the prescribed conditions, within 5 working days after the evaluation of practical conditions is completed, the Department of Livestock Production shall grant a certificate of eligibility for production of livestock waste treatment products according to Form No. 11.MTCN provided in Appendix I to this Decree. In case of refusal to grant such certificate, it shall reply in writing, clearly stating the reason.

4. For establishments producing both animal feed supplements and livestock waste treatment products

a/ In case animal feed supplements and livestock waste treatment products are produced on the same production line or with the use of the same equipment: Establishments that have been granted a certificate of eligibility for animal feed production may produce livestock waste treatment products; establishments that have been granted a certificate of eligibility for production of livestock waste treatment products will have relevant indicators recognized upon evaluation for grant of certificate of eligibility for animal feed production;

b/ In case animal feed supplements and livestock waste treatment products are produced on different production lines, evaluation contents must comply with Form No. 04.TACN and Form No. 09.MTCN provided in Appendix I to this Decree. Coinciding indicators shall be evaluated once and recorded in the evaluation minutes.

5. A dossier of request for re-grant of a certificate of eligibility for production of livestock waste treatment products must comprise:

a/ A written request for re-grant of a certificate of eligibility for production of livestock waste treatment products, made according to Form No. 06.MTCN provided in Appendix I to this Decree;

b/ Documents proving the change, for cases of changing  information relating to the holder of the certificate.

6. Order and procedures for re-grant of a certificate of eligibility for production of livestock waste treatment products

A production establishment shall send a dossier specified in Clause 5 of this Article to the Department of Livestock Production. Within 5 working days after receiving a valid dossier, the Department of Livestock Production shall re-grant a certificate of eligibility for production of livestock waste treatment products, made according to Form No. 11.MTCN 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.

7. A certificate of eligibility for production of livestock waste treatment products may be re-granted in the following cases:

a/ It is lost or damaged;

b/ There is a change in information on its holder.

8. A certificate of eligibility for production of livestock waste treatment products shall be revoked in the following cases:

a/ It is erased or modified, resulting in its contents being falsified;

b/ The concerned establishment no longer satisfies the conditions specified in Article 32 of this Decree and Clause 1, Article 63 of the Law on Animal Husbandry but fails to take remedies within the time limit committed with the competent agency;

c/ The concerned establishment commits another violation which is subject to revocation of certificates of eligibility for production of livestock waste treatment products in accordance with law.

9. Establishments producing livestock waste treatment products for non-commercial purposes are not required to apply for a certificate of eligibility for production of livestock waste treatment products.

10. In case an establishment that has been granted a certificate of eligibility for production of livestock waste treatment products is relocated, the concerned organization and individual shall carry out the procedures specified in Clause 3 of this Article.

11. Organizations and individuals requesting evaluation for grant or re-grant of certificates of eligibility for production of livestock waste treatment products or supervisory evaluation of maintenance of conditions for production of livestock waste treatment products shall pay a charge in accordance with the law on charges and fees.”

b/ To add Article 32b as follows:

“Article 32b. Evaluation of practical conditions for establishments producing livestock waste treatment products

1. Evaluation of practical conditions of an establishment producing livestock waste treatment products means observation of the establishment’s physical facilities, examination and lookup of documents and records, and other related activities. Evaluation of practical conditions covers:

a/ Evaluation for grant of a certificate of eligibility for production of livestock waste treatment products;

b/ Supervisory evaluation of maintenance of conditions for production of livestock waste treatment products.

2. The Department of Livestock Production shall form teams to evaluate practical conditions of establishments producing livestock waste treatment products. An evaluation team shall be composed of a head who is a division leader or a leader of a higher ranking and at least 1 member possessing a university or higher degree in animal husbandry, animal health, chemistry, biotechnology or environmental technology.

3. The frequency of supervisory evaluation of maintenance of conditions for establishments producing livestock waste treatment products shall be once every 24 months. For an establishment that has undergone evaluation and been granted a certificate of system standard conformity, the evaluation of maintenance of conditions shall be carried out once every 36 months. Upon detecting an establishment showing signs of violation of law or there is a denunciation or complaint about quality or at the direction of a superior management agency, the Department of Livestock Production shall carry out unscheduled inspection and evaluation.

4. Supervisory evaluation of maintenance of conditions for producing livestock waste treatment products shall be carried out as follows: Within 6 months prior to the time of supervisory evaluation, the Department of Livestock Production shall send a notice thereof to the concerned organization or individual. Within 20 days after issuing the notice, the Department of Livestock Production shall form an evaluation team and organize the evaluation of practical conditions of the establishment according to the contents in Form No. 09.MTCN provided in Appendix 1 to this Decree. Within 5 working days after the evaluation is completed, the evaluation agency shall issue the notice of evaluation results according to Form No. 12.MTCN provided in Appendix I to this Decree.”

c/ To add Article 32c as follows:

“Article 32c. Conditions for livestock waste treatment product trading or import establishments

1. Having equipment and tools for preservation of livestock waste treatment products according to instructions of livestock waste treatment product producers or suppliers.

2. Having livestock waste treatment product stores and warehouses located in areas separate from or not contaminated with pesticides, fertilizers or other toxic chemicals and meeting quality and safety requirements in accordance with law and recommendations of suppliers.

3. Having devised measures to prevent and control harmful organisms.”

d/ To add Article 32d as follows:

“Article 32d. Export and import of livestock waste treatment products

1. Dossiers and quality of exported livestock waste treatment products must follow requirements of importers and importing countries and comply with relevant regulations of Vietnam.

2. Imported livestock waste treatment products must go through state quality inspection under Clause 1, Article 32dd of this Decree.

Goods not subject to state quality inspection include samples, goods for display at exhibitions and fairs, gifts; goods temporarily imported for re-export; goods in transit for border-gate transfer; goods consigned into bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; and products imported in  urgent circumstances at the direction of the Government or Prime Minister.

3. Organizations and individuals may import livestock waste treatment products containing chemicals, bio-products and microorganisms on the List of chemicals, bio-products and microorganisms permitted for use in livestock waste treatment products in Vietnam.

The import of livestock waste treatment products containing new substances for assay, scientific research, display at fairs or exhibitions or use as analytical  samples in laboratories or for export production or processing must be permitted by the Ministry of Agriculture and Rural Development.

4. A dossier for import of a livestock waste treatment product containing a new substance for assay, scientific research, display at fairs or exhibitions, for use as analytical samples in laboratories or for export production or processing must comprise:

a/ A written request for import of a livestock waste treatment product containing a new substance, made according to Form No. 13.MTCN provided in Appendix I to this Decree;

b/ The research or assay outline plan, made according to Form No. 14.MTCN provided in Appendix I to this Decree, in case of importing livestock waste treatment products for research or assay.

A document proving the organization of, or participation in, a fair or an exhibition, in case of importing livestock waste treatment products for display at fairs or exhibitions.

An agreement on use of analysis services between a domestic laboratory/ enterprise and a laboratory/enterprise/authority in charge of livestock waste treatment product management of the exporting country which contains a  commitment that the imported product sample is not for commercial use, in case of importing livestock waste treatment products for use as analytical samples in laboratories. 

A contract on production or processing of livestock waste treatment products for export as prescribed by Vietnam’s law on import of goods for export production or processing.

5. Order and procedures for grant of a permit for import of a livestock waste treatment product containing a new substance:

a/ The concerned organization or individual shall send a dossier specified in Clause 4 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 livestock waste treatment products according to Form No. 15.MTCN provided in Appendix I to this Decree. In case of refusal to grant such permit, it shall reply in writing, clearly stating the reason.

6. The Minister of Agriculture and Rural Development shall consider and decide to examine the management and production systems of livestock waste treatment products in exporting countries in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party in the following cases:

a/ Assessment for mutual recognition;

b/ Upon detection of risks in terms of quality, epidemic safety and the environment caused by products imported into Vietnam.”

dd/ To add Article 32dd as follows:

“Article 32dd. State inspection of quality of livestock waste treatment products

1. State inspection of quality of imported livestock waste treatment products

a/ Inspection agency: the Department of Livestock Production;

b/ Contents of inspection: examination of import dossiers; physical inspection of quantity, volume, packaging specifications, labeling, expiry date, origin and other sensory indicators of products; sampling of products for testing and assessment of conformity regarding quality and safety;

c/ The order and procedures for inspection must comply with the law on inspection of quality of imported products and goods.

2. State inspection of quality of livestock waste treatment products in production and market circulation

a/ Inspection agencies: The Department of Livestock Production shall carry out inspection nationwide; provincial-level Departments of Agriculture and Rural Development shall carry out inspection in their localities;

b/ Contents of inspection

Contents of inspection of quality of goods in production: inspection of conformity with declared applicable standards and relevant national technical regulations and regulations of the Ministry of Agriculture and Rural Development; inspection of results of assessment of conformity, labeling, conformity mark and production records. In case of necessity, inspection agencies may employ expert assessment as required by relevant technical regulations;

Contents of inspection of quality of goods in market circulation: inspection of goods labels in accordance with the law on goods labeling; inspection of the display of declared applicable standards and conformity mark in accordance with law; inspection of conditions on goods preservation as prescribed by declared applicable standards or written on goods labels; and inspection of conformity with declared applicable standards and relevant national technical regulations and accompanying documents.

c/ Frequency of inspection: Periodical inspection shall be carried out at most once a year per product of the same origin of a unit. Unscheduled inspection shall be carried out when detecting signs of violations committed by production or business establishments or receiving denunciations or complaints about product quality or at the request of competent agencies or the direction of superior management agencies.

3. The testing of livestock waste treatment products must be carried out by laboratories that are designated by the Ministry of Agriculture and Rural Development or have registered for operation in accordance with law. In case such a laboratory is unavailable, the testing of livestock waste treatment products shall be carried out at a laboratory that was designated or has registered for operation under regulations in the fields of animal feed, veterinary drugs, fertilizers, aquatic feed or aquaculture environment treatment products provided that suitable testing method is applied. In case testing methods have not yet been designated or recognized, the Ministry of Agriculture and Rural Development shall decide on to-be-applied testing methods.”

e/ To add Article 32e as follows:

“Article 32e. Handling of livestock waste treatment product quality testing results

1. Livestock waste treatment product 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. The testing of livestock waste treatment product samples for the purpose of state management shall be carried out before the expiry date of the sampled product lots (this provision does not apply in case of inspection of substances banned in animal husbandry).

The notification of first-time testing results to organizations and individuals shall be made at least 15 days before the expiry date of the product lots ( this provision does not apply in case of unscheduled inspection). Within 2 working days after receiving a complaint of an organization or individual, the inspection agency shall send samples for testing.

3. Order and procedures for handling livestock waste treatment product quality testing results not up to quality requirements:

a/ Within 3 working days after receiving testing results, the inspection agency shall send a notice thereof to the concerned organization or individual by post or via the cyber environment;

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

4. Settlement of complaints about livestock waste treatment product 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 the indicators against which the complaint is filed at another designated laboratory. The testing results of these samples shall serve as a basis for making the final conclusion;

b/ In case the organization or individual files a complaint about testing results given by the sole designated laboratory in Vietnam, the inspection agency may send product samples to an overseas laboratory recognized by international or regional organizations or the Department of Livestock Production. The testing results of these samples shall serve as a basis for making the final conclusion;

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

g/ To add Article 32g as follows:

“Article 32g. Handling of livestock waste treatment products not up to quality requirements

1. Livestock waste treatment products not up to quality requirements shall be handled by one or several of the following measures:

a/ Forced re-export: Organizations and individuals having livestock waste treatment products not up to quality requirements which are 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 agencies in charge of state inspection of quality of livestock waste treatment products requirements;

b/ Forced destruction: Organizations and individuals having livestock waste treatment products not up to quality requirements which are subject to forced destruction shall sign contracts with organizations and individuals functioning to destroy violating goods. Such a contract must clearly state the destruction method for supervision by agencies in charge of state inspection of quality of livestock waste treatment products;

c/ Forced recycling: Organizations and individuals having livestock waste treatment products not up to quality requirements which are subject to forced recycling shall recycle these products under law-compliant plans, ensuring that the products, after recycled, conform to declared applicable quality standards and relevant national technical regulations; and report the recycling plans and results to the agency in charge of state inspection of quality of livestock waste treatment products for supervision when necessary;

d/ Forced repurposing: Organizations and individuals having livestock waste treatment products not up to quality requirements which are subject to forced repurposing shall repurpose these products under law-compliant plans and report repurposing plans and results to the agency in charge of state inspection of quality of livestock waste treatment products for supervision when necessary;

dd/ Forced correction of information: Organizations and individuals having livestock waste treatment products not up to quality requirements which are subject to forced correction of information shall correct product information stated in product labels or accompanying documents according to physical inspection results before selling the products in the market or using the products.

2. The supervision of destruction of livestock waste treatment products not up to quality requirements is prescribed as follows:

a/ Agencies competent to sanction administrative violations shall supervise the destruction of livestock waste treatment products not up to quality requirements in the cases falling within their sanctioning competence and make minutes of supervision of the destruction as specified at Point c of this Clause;

b/ Provincial-level Departments of Agriculture and Rural Development shall supervise the destruction of livestock waste treatment products not up to quality requirements in their localities according to their competence or at the request of the Department of Livestock Production;

c/ A minutes of supervision of the destruction of a livestock waste treatment product 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; name, type, origin, quantity and status of the product; destruction method and other contents deemed as necessary.

The destruction supervision minutes shall be certified by representatives of participants in the destruction and the organization or individual having its/his/her product destroyed.

3. Organizations and individuals having livestock waste treatment products not up to quality requirements which are subject to the measures specified in Clause 1 of this Article shall bear all expenses related to the handling of such products.

4. For unclaimed livestock waste treatment products, provincial-level People’s Committees shall organize, and allocate funds for, the handling thereof.”

h/ To add Article 32h as follows:

“Article 32h. Rights and obligations of establishments producing, trading in and importing livestock waste treatment products and organizations and individuals using livestock waste treatment products

1. Establishments producing, trading in, and importing livestock waste treatment products have the following rights:

a/ To enjoy the State’s policies related to the production of, and trading in, livestock waste treatment products;

b/ To produce, trade in or import livestock waste treatment products under this Decree and other relevant laws;

c/ To lodge complaints and denunciations, and initiate lawsuits related to the production of, trading in and import of livestock waste treatment products in accordance with law.

2. Establishments producing livestock waste treatment products have the following obligations:

a/ To ensure the conditions required for production establishments of livestock waste treatment products throughout their operation;

b/ To formulate and carry out the process of control of quality and biosafety of livestock waste treatment products, ensuring products’ traceability and conformity with the declared applicable quality standards and relevant national technical regulations; and archive documents on such process;

c/ To abide by the inspection and examination of state competent agencies regarding production conditions and quality of livestock waste treatment products; to take responsibility before law for the quality of the livestock waste treatment products they produce;

d/ To carry out declaration of applicable standards and declaration of conformity with relevant national technical regulations; to carry out goods labeling in accordance with the law on labeling; to make and archive production records in service of origin tracing; to store livestock waste treatment product samples for at least 30 days from the expiry date of products.

3. Establishment trading in or importing livestock waste treatment products have the following obligations:

a/ To ensure conditions required for establishments trading in or importing livestock waste treatment products throughout their operation;

b/ To comply with law in ensuring the quality and information on the origin of livestock waste treatment products;

c/ To apply product preservation measures recommended by producers in order to maintain the quality of livestock waste treatment products;

d/ To trade in or import only livestock waste treatment products for which information disclosure on the Ministry of Information and Communications’ Portal has been carried out;

dd/ To record and store the information on the trading in or import of livestock waste treatment products during the trading and import process to ensure traceability;

e/ To list prices of livestock waste treatment products and submit to the inspection and examination of competent state agencies.

4. Organizations and individuals using livestock waste treatment products have the following rights:

a/ To be provided by the suppliers with sufficient information on the quality. origin and use instructions of livestock waste treatment products;

b/ To lodge complaints and denunciations or initiate lawsuits related to the use of livestock waste treatment products in accordance with law;

c/ To receive compensations for damage in accordance with law.

5. Organizations and individuals using livestock waste treatment products have the following obligations:

a/ To comply with law and use instructions of livestock waste treatment product suppliers and producers concerning the transportation, storage, preservation and use of such products;

b/ To submit to the inspection and examination of product quality of competent state agencies; to coordinate in handling livestock waste treatment products violating regulations on quality and safety in accordance with law.”

19. To amend and supplement a number of forms and appendices as follows:

a/ To amend Form No. 06.TACN, Appendix I, Appendix II, and Appendix V to Decree No. 13/2020/ND-CP; to add Forms No. 13.TACN, No. 14.TACN, No. 15.TACN, No. 16.TACN, No. 17.TACN, No. 06.DKCN, No. 01.MTCN, No. 02.MTCN, No. 03.MTCN, No. 04.MTCN, No. 05.MTCN, No. 06.MTCN, No. 07.MTCN, No. 08.MTCN, No. 09.MTCN, No. 10.MTCN, No. 11.MTCN, No. 12.MTCN, No. 13.MTCN, No. 14.MTCN, and No. 15.MTCN provided in the Appendix to this Decree.

b/ To amend and supplement Points a and b, Clause 1, and add Clause 3 to Section III, of Form No. 04.TACN provided in Appendix I as follows:

“a/ For establishments producing complete compound feed, concentrate feed or compound feed supplements:

Not to add or remove evaluation contents provided in Sections I and II.

In case establishments do not have equipment for mixing of premixes separately before mixing them with other raw ingredients or macro ingredients to create finished products (unless they purchase premixes from other production and business establishments) specified at Point a, Clause 3, Section I of this Guidance, they must produce documents proving the evenness of such premixes in the finished products.

In case establishments producing animal feed containing antibiotics do not have equipment or tools for mixing animal feed with veterinary drugs containing antibiotics before production as specified Point a, Clause 9, Section I of this Guidance, they must produce documents proving the evenness of antibiotics in the finished products;

b/ For establishments producing traditional animal feed or feed supplements: Depending on the production technology and nature of animal feed products, evaluation teams may reduce evaluation criteria or change evaluation requirements or the professional majors  of the establishments’ chief  technical officers provided that the establishments are able to control their products’ quality, safety and traceability. These contents must be stated in the evaluation minutes. Particularly, establishments that carry out microbial biomass fermentation must comply with Point d, Clause 3 of this Guidance and, at the same time, produce documents proving that the microbial strains are safe to domestic animals.

3. Handling of evaluation results

a/ Evaluation for grant of certificates

An establishment may request for grant of a certificate when evaluated as satisfactory in all evaluation criteria;

b/ Supervisory evaluation of maintenance of conditions

An establishment may maintain its certificate when evaluated as satisfactory in all evaluation criteria.

An establishment shall be suspended from production pending remediation of violations when evaluated as unsatisfactory in 2 or more type-A criteria or in 7 or more criteria.

An establishment shall have its certificate revoked when unable to remediate violations in the criteria in which it is evaluated as unsatisfactory as recorded in the evaluation minutes within the committed time limit.”

c/ To amend ordinal number 9, Section II, of the appendix on the Table of contents of evaluation of animal husbandry conditions, enclosed with Form No. 04.DKCN to Appendix I, as follows:

“To perform the obligations of farm-based animal husbandry facilities.”

d/ To add the phrase “After being granted, a scanned copy of the certificate must be sent to the Department of Livestock Production” and the phrase “In case of re-grant of the certificate, to clearly state “this Certificate replaces Certificate No…, date…”; the code of the re-granted certificate must be the same as the code of the certificate granted for the first time” to the Notes in Form No. 05.DKCN provided in Appendix I;

dd/ To amend the title of Appendix IV as follows “Allowable rangeability of results of testing of quality of animal feed and livestock waste treatment products serving state management.”

e/ To add ordinal number 8 to Appendix VIII as follows:

STT

Animal

Latin name

Species name

8

Black Soldier Fly

Hermetia illucens

Hermetia illucens

 

Article 2. To replace or annul a number of phrases, points, clauses and articles of, and appendices to, the Government’s Decree No. 13/2020/ND-CP of November 21, 2020, guiding in detail the Law on Animal Husbandry

1. To replace the phrase “a copy of the document proving the availability of environmental protection measures certified by the competent agency in accordance with the law on environmental protection” with the phrase “description of the establishment’s environmental protection measures in accordance with law” at Point c, ordinal number 4 of Form No. 02.TACN and ordinal number 3, Section II of Form No. 02.DKCN.

2. To replace the phrase “environmental protection plan” with the phrase “environmental protection license” in Forms No. 04.TACN, No. 03.DKCN, and No. 04.DKCN provided in Appendix I.

3. To annul Point c, Clause 3, Article 18, and Point c, Clause 4, Article 19, Form No. 01.MTCN provided in Appendix I, and Appendix IX.

4. To annul the conclusion in the appendix to Form No. 05.TACN provided in Appendix I.

5. To annul the evaluation content “livestock units satisfying the province/city’s requirement on animal husbandry density” in ordinal number 2, Section I, Part B of Form No. 03.DKCN and ordinal number 2, Section I, of the appendix to the Table of contents of evaluation of animal husbandry conditions made according on Form No. 04.DKCN to Appendix I.

Article 3. Transitional provisions

1. For organizations and individuals that have submitted a complete dossier of registration for processing of administrative procedures regarding animal feed and import of live domestic animals before the effective date of this Decree, the Law on Livestock Production, documents guiding in detail the Law on Livestock Production, and relevant laws effective at the time of dossier submission shall apply. In case the provisions of this Decree are more favorable to organizations and individuals, this Decree shall apply.

2. Establishments producing livestock waste treatment products which are put into operation before the effective date of this Decree may continue their operation and shall carry out procedures for grant of certificates of eligibility for production of livestock waste treatment products within 12 months from the effective date of this Decree.

3. For organizations and individuals that carry out disclosure of information on livestock waste treatment products containing new substances before the effective date of this Decree, the Law on Livestock Production, documents guiding in detail the Law on Livestock Production, and relevant laws effective at the time of information disclosure shall apply.

4. Establishments producing feed supplements which are granted certificates of eligibility for production of animal feed before the effective date of this Decree may produce livestock waste treatment products in the same production lines and equipment with feed supplements.

5. For establishments producing animal feed supplements and livestock waste treatment products in the same production lines; or producing products that may be used as both animal feed and livestock waste treatment products, the law on animal feed shall apply.

6. For products used as feed supplements and livestock waste treatment products for which information disclosure on the Ministry of Agriculture and Rural Development’s Portal has been carried out in accordance with the regulations on animal feed and livestock waste treatment products, it is permitted to use a single label.

7. The retention of documents and dossiers related to state inspection of quality of imported animal feed; state inspection of quality of imported livestock waste treatment products; import of animal feed for which information disclosure on the Ministry of Agriculture and Rural Development’s Portal has not yet been carried out; and import of livestock waste treatment products containing new substances before the effective date of this Decree must comply with Point c, Clause 2, Article 1 of this Decree.

8. The state inspection of the quality of animal feed and livestock waste treatment products must comply with this Decree. In case this Decree does not have provisions on the matter, the law on goods and product quality and other relevant laws shall apply.

Article 4. Effect

1. This Decree takes effect on the date of its signing.

2. Clause 10, Article 1 of this Decree shall apply upon annulment of provisions on pre-customs clearance state inspection of quality of imported animal feed in Article 18 of Decree No. 13/2020/ND-CP.

3. The state inspection of quality of imported livestock waste treatment products shall  apply from the date the national technical regulation on livestock waste treatment products takes effect.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE VAN THANH

* The Appendix to this Decree is not translated.


[1] Công Báo Nos 625-626 (27/7/2022)a

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