Law on Animal Husbandry, Law No. 32/2018/QH14

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Animal Husbandry,

which was passed on November 19, 2018, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 6^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

LAW ON ANIMAL HUSBANDRY^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Animal Husbandry.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes animal husbandry activities; rights and obligations of organizations and individuals involved in animal husbandry activities; and state management of animal husbandry.

Article 2.Interpretation of terms

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

1.Animal husbandrymeans a techno-economic sector which covers activities related to domestic animal breeds, animal feed, husbandry conditions, product processing and markets.

2.Animal husbandry activitiesmeans the raising and breeding of animals and other activities related to animals and husbandry products for use by humans as a food source, draft animals, pets or for other purposes.

3.Household-based animal husbandrymeans the animal husbandry by households.

4.Farm-basedanimal husbandrymeans concentrated animal husbandry in captive places exclusively used for animal husbandry and product trading.

5.Domestic animalsinclude cattle, poultry and other animals kept by humans for husbandry.

6.Cattlemeans four-legged mammals domesticated and kept by humans.

7.Poultrymeans two-legged animals with feather (birds) domesticated and kept by humans.

8.Other animals in animal husbandrymeans animals other than cattle and poultry not listed as endangered, rare and precious species of fauna prioritized for protection, endangered, rare and precious forest animals, common forest animals, aquatic animals or wild forest animals in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

9.Domestic animal breedmeans a population of domestic animals of the same species and origin and having homogeneous appearance and genetics, which has been formed, consolidated and developed through human manipulation and must be large enough for breeding and passing on the breed’s traits to offspring.

10.Strainmeans a group of domestic animals from a breed carrying the common traits of the breed together with some stable different characteristics.

11.New domestic animal strain or breedmeans a domestic animal strain or breed domestically created or imported for the first time into Vietnam.

12.Precious and rare domestic animal breedmeans a domestic animal breed of special scientific, medical or economic value which has a small population or is endangered.

13.Indigenous domestic animal breedmeans a domestic animal breed formed and existing in a certain locality in the territory of the Socialist Republic of Vietnam.

14.Original breedmeans a progenitor (great grandparent, grandparent) breeding stock, for pigs and poultry; a breeding nucleus stock, for cattle; a purebred stock, for bee; or a foundation breed, for silkworm.

15.Great grandparent breeding stock of pigs or poultrymeans a purebred domestic animal breeding stock or a breeding stock selected to produce grandparent breeding stock.

16.Grandparent breeding stock of pigs or poultrymeans a domestic animal breeding stock being offspring of a great grandparent breeding stock to produce parent breeding stock.

17.Parent breeding stock of pigs or poultrymeans a domestic animal breeding stock being offspring of a grandparent breeding stock to produce commercial stock.

18.Nucleus breeding stockmeans the best breeding stock of clear origin which has been raised and selected in a certain process to gain a high genetic improvement for producing multiplier stock.

19.Multiplier stockmeans a breeding stock being offspring of a nucleus breeding stock and used to produce commercial stock or selected to be added to the nucleus breeding stock.

20.Commercial stockmeans a domestic animal stock being offspring of a parent breeding stock or multiplier stock.

21.Domestic animal genetic resourcesmeans genetic information-carrying live animals and their breeding products capable of creating or being involved in the creation of new domestic animal breeds.

22.Domestic animal pedigreemeans a document or chart recording family relationships between a domestic animal individual and its ancestors.

23.Domestic animal breeding productsinclude breeding offspring, sperm, embryos, breeding eggs, larva and other genetic materials taken from domestic animals.

24.Creation of domestic animal strain or breedmeans the selection and crossbreeding or use of scientific or technical measures to create a new domestic animal strain or breed.

25.Animal feedmeans products which domestic animals eat or drink in fresh, live or processed form, including complete compound feed, concentrate feed, supplementary feed and traditional feed.

26.Complete compound feedmeans a mixture of various feed materials containing sufficient nutrients to help sustain life and production capacity of domestic animals in each growth stage or production cycle without having to take other feed than water.

27.Concentrate feedmeans a mixture of various feed materials containing nutrient concentration higher than that needed by domestic animals, which needs to be mixed with other materials to make complete compound feed.

28.Supplementary feedmeans a single material or mixture of various feed materials added to feed rations to balance nutrients essential for domestic animals; to maintain or improve properties of animal feeds; or to improve domestic animal health and properties of animal husbandry products.

29.Traditional feedmeans products of agriculture, fisheries or processing industry widely and traditionally used in animal husbandry, including paddy, husked rice, rice bran, corn, potato, cassava, wine and beer brewing dreg, cassava and pineapple bagasse, molasses, straw, hay, shrimps, crabs, fish and other similar products.

30.Single materialmeans an element in natural or synthetic form used as a domestic animal feed material.

31.Commercial animal feedmeans animal feed produced for exchange or trading on the market.

32.Main ingredient of animal feedmeans an ingredient decisive to uses and characteristics of animal feed.

33.Animal husbandry productsinclude meat, eggs, milk, honey, beeswax, silkworm cocoons, bird nests, bones, horns, nails, offal, unprocessed fur and skins, and other products taken from domestic animals.

Article 3.Principles of animal husbandry activities

1. To develop animal husbandry based on value chains, and efficiently utilize the potential and advantages of all areas to meet domestic consumption and export demands.

2. To apply science and technology in order to raise productivity, quality, efficiency and competitiveness of animal husbandry; to ensure food safety, epidemic resistance, environmental protection and response to climate change.

3. To conserve, exploit and reasonably develop indigenous, rare and precious domestic animal genetic resources; to quickly absorb the world’s genetics advances; to combine modern animal husbandry with traditional animal husbandry; to develop animal husbandry suitable to different eco-regions.

4. To mobilize all social resources for animal husbandry; to ensure harmony between interests of the State and interests of organizations and individuals in the development of animal husbandry, and equity among organizations, individuals and economic sectors in animal husbandry.

5. To meet the requirements of international integration and comply with treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 4.The State’s policies on animal husbandry

1. The State shall invest in the following activities:

a/ Making statistics and baseline surveys and building databases on animal husbandry, assessing animal husbandry potential and activities once a year and every 5 years; formulating animal husbandry development strategies; making market forecasts and storing animal husbandry products suitable to each period; elaborating standards and technical regulations on animal husbandry;

b/ Conserving genetic resources of rare and precious and indigenous domestic animal species.

2. In each period and depending on the state budget’s capability, the State shall support the following activities:

a/ Conducting scientific and technological research and application, giving priority to high, advanced and new technologies which can turn out breakthrough products in animal husbandry; importing and preserving original breeds;

b/ Building epidemic-free and bio-safe animal husbandry zones; properly treating the animal husbandry environment; developing good animal husbandry practices and models; relocating animal husbandry facilities out of cities, towns, townships and residential areas where animal husbandry is banned;

c/ Building infrastructure facilities and supplying equipment for scientific and technological research and training institutions; developing high-quality human resources for and vocational training in animal husbandry and animal husbandry extension activities, giving priority to deep-lying and remote areas, areas inhabited by ethnic minority people, and difficult or particularly difficult areas;

d/ Creating and developing national animal husbandry products, key animal husbandry products and organic animal husbandry products; building national animal husbandry product brands; building concentrated slaughterhouses, wholesale markets and auction centers for the purposes of promoting and selling domestic animal breeds and products; promoting sale of and developing markets for animal husbandry products;

dd/ Assisting animal husbandry and restoring domestic animal breeds after natural disasters or epidemics in accordance with law.

3. The State shall encourage organizations and individuals to invest in the activities specified in Clauses 1 and 2 of this Article and the following activities:

a/ Organizing farm-based animal husbandry in value chains; bringing into the fullest play the role of enterprises, trade associations and cooperatives in building animal husbandry production value chains;

b/ Investing in high technologies, advanced technologies and new technologies in slaughtering, processing and preserving animal husbandry products, disposing of and treating animal husbandry wastes into composts or for other purposes;

c/ Investing in domestic animal insurance; raising the capacity of testing and assessing regulation conformity in animal husbandry.

Article 5.Animal husbandry development strategies

1. National animal husbandry development strategies shall be formulated once every decade with 20-year orientations in line with socio-economic development strategies and agriculture and rural development strategies.

2. An animal husbandry development strategy must include such principal contents as viewpoints, orientations, objectives and targets, tasks, solutions, programs, schemes and organization of implementation.

3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and provincial-level People’s Committees in, formulating and submitting to the Prime Minister for approval animal husbandry development strategies.

Article 6.Scientific and technological activities in animal husbandry

1. The State shall prioritize the following scientific and technological activities in animal husbandry:

a/ Scientific and technological research to serve the building and improvement of institutions, policies and regulations on animal husbandry;

b/ Application-oriented basic research, applied research, transfer of high technologies, advanced technologies and new technologies, production in product value chains in animal husbandry with a view to improving productivity, quality and food safety, and ensuring environmental protection and adaptation to climate change.

2. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Science and Technology in proposing or ordering scientific and technological tasks in line with the animal husbandry development strategy in each period.

3. Provincial-level People’s Committees shall propose or order scientific and technological tasks in animal husbandry in line with local socio-economic development strategies in each period.

4. Capable organizations and individuals may propose or perform scientific and technological tasks in animal husbandry in accordance with this Law, the Law on Science and Technology, and the Law on Technology Transfer.

Article 7.Application of technologies in animal husbandry

1. Application of high technologies, advanced technologies, new technologies and hi-tech products shall be prioritized and encouraged in activities related to domestic animal breeds, livestock feed, animal husbandry conditions, product processing and markets.

2. Organizations and individuals that apply high technologies, advanced technologies or new technologies in animal husbandry shall be entitled to the policies specified in Article 4 of this Law and other relevant regulations.

Article 8.Building of epidemic-free animal husbandry zones

1. Epidemic-free animal husbandry zones must satisfy the requirements on animal epidemic-free zones prescribed by Vietnam’s law on animal health and relevant international regulations; and be suitable to conditions of different eco-regions and regional advantages related to product preservation, processing and sale.

2. Epidemic-free animal husbandry zones shall be built in conformity with socio-economic development master plans and plans and schemes on development of epidemic-free animal husbandry zones approved by provincial-level People’s Committees.

3. The Minister of Agriculture and Rural Development shall prescribe criteria for and recognize epidemic-free animal husbandry zones.

Article 9.Cooperation and association in animal husbandry production

1. Value chain-based cooperation or association in animal husbandry activities shall be developed in order to turn out sufficient products that meet quality and safety requirements and market demands, improve production and business efficiency and ensure harmony of interests of stakeholders.

2. Participants in cooperation and association in animal husbandry production shall enter into contracts and be entitled to the policies specified in Article 4 of this Law and other relevant regulations.

3. People’s Committees at all levels shall:

a/ Create conditions for and support parties to negotiate and enter into contracts on association in production and product sale, and implement their contractual commitments;

b/ Support the building of infrastructure facilities and logistics services and trade promotion for animal husbandry products.

Article 10.International cooperation in animal husbandry

1. Negotiation, conclusion and implementation of international agreements and treaties on animal husbandry.

2. Training, scientific research, technology transfer, and information and experience exchange in animal husbandry.

3. Exchange of precious and rare genetic resources, domestic animal breeds and high-yield, high-quality and climate change-adaptable varieties of plants for use as animal feed.

4. Cooperation in the building and mutual recognition of systems for certification of quality in animal husbandry.

Article 11.National database on animal husbandry

1. The national database on animal husbandry is an animal husbandry-related information system built uniformly from the central to local levels and standardized for update and management based on information technology.

2. The national database on animal husbandry includes:

a/ Database on legal documents on animal husbandry;

b/ Database on domestic animal breeds and genetic resources, animal feed and products from the treatment of animal husbandry wastes;

c/ Database on animal husbandry and processing establishments and animal husbandry product markets;

d/ Database on epidemic-free animal husbandry zones;

dd/ Other databases on animal husbandry.

3. Organizations and individuals shall provide information to, update and use the national database on animal husbandry in accordance with law.

4. The Minister of Agriculture and Rural Development shall prescribe the update, use and management of the national database on animal husbandry.

Article 12.Prohibited acts in animal husbandry

1. Carrying out animal husbandry activities in cities, towns, townships and residential areas where animal husbandry is banned, except keeping pets and keeping animals in laboratories without causing environmental pollution.

2. Using banned substances in animal husbandry.

3. Using antibiotics in animal feed other than veterinary drugs permitted for circulation in Vietnam.

4. Using antibiotics in animal feed as growth stimulants.

5. Destroying or appropriating domestic animal genetic resources.

6. Illegally exporting precious and rare domestic animal genetic resources.

7. Importing animal husbandry products containing banned substances.

8. Importing, trading in or processing animal husbandry products from domestic animals that have died of diseases or for unidentified reasons.

9. Illegally importing, keeping, raising, releasing or using genetically modified domestic animals or husbandry products thereof.

10. Using or putting substances or objects, injecting water into domestic animal bodies or products thereof for trade fraud purposes.

11. Colluding with others or cheating in testing, assay, inspection, declaration of quality, and certification of conformity in animal husbandry.

12. Discharging untreated or unsatisfactorily treated animal husbandry wastes into places for waste discharge prescribed by the law on environmental protection.

13. Cheating in the declaration of animal husbandry activities for self-seeking purposes.

14. Obstructing, destroying or infringing upon lawful animal husbandry.

Chapter II

DOMESTIC ANIMAL BREEDS AND BREED PRODUCTS

Section 1

DOMESTIC ANIMAL GENETIC RESOURCES

Article 13.Management of domestic animal genetic resources

1. Domestic animal genetic resources shall be uniformly managed by the State.

2. Organizations and individuals shall participate in the management of domestic animal genetic resources in accordance with this Law and other relevant regulations.

Article 14.Collection, conservation, exploitation and development of domestic animal genetic resources

1. Organizations and individuals that collect, conserve, exploit and develop domestic animal genetic resources shall comply with this Law and other relevant regulations.

2. The collection, conservation, exploitation and development of domestic animal genetic resources include the following activities:

a/ Investigating, surveying and collecting domestic animal genetic resources;

b/ Assessing domestic animal genetic resources by bio-criteria and use value;

c/ Developing a database on domestic animal genetic resources;

d/ Protecting and maintaining domestic animal genetic resources;

dd/ Using domestic animal genetic resources that have been assessed and had their use value confirmed in the selection, creation and propagation of domestic animals.

3. Methods of conservation of domestic animal genetic resources must comply with the law on biodiversity.

4. 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 other related ministries and ministerial-level agencies in, proposing the Government to prescribe the collection, conservation, exploitation and development of domestic animal genetic resources under the agriculture sector’s management.

Article 15.Exchange of precious and rare domestic animal genetic resources

1. Organizations and individuals may exchange precious and rare domestic animal genetic resources for the purposes of research, selection and creation of new domestic animal strains and breeds as well as production and business under the regulations of the Minister of Agriculture and Rural Development.

2. The international exchange of domestic animal genetic resources on the List of domestic animal breeds banned from export for the purpose of scientific research, exhibition or advertising shall be decided by the Minister of Agriculture and Rural Development based on the Prime Minister’s approval.

3. Organizations and individuals engaged in the international exchange of precious and rare domestic animal genetic resources shall comply with this Law and the laws on animal health, food safety, environmental protection, and biodiversity of Vietnam.

4. The exchange of Vietnamese precious and rare domestic animal genetic resources with third parties shall be decided by the Minister of Agriculture and Rural Development based on the Prime Minister’s approval.

5. When participating in the international exchange of precious and rare domestic animal genetic resources for wide use in the production or creation of new breeds, Vietnamese organizations or individuals that provide such precious and rare domestic animal genetic resources and hold their copyright in Vietnam may enjoy copyright under treaties to which the Socialist Republic of Vietnam and the country involved in such exchange are contracting parties.

Article 16.Order and procedures for exchange of precious and rare domestic animal genetic resources

1. An organization or individual that wishes to exchange a precious and rare domestic animal genetic resource shall submit a dossier to the Ministry of Agriculture and Rural Development.

2. A dossier for exchange of a precious and rare domestic animal genetic resource must comprise:

a/ An application for registration of exchange of a precious and rare domestic animal genetic resource;

b/ Records on the precious and rare domestic animal genetic resource to be exchanged;

c/ Documents related to the exchange of the precious and rare domestic animal genetic resource.

3. Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall check it. In case the dossier is incomplete, it shall request in writing the dossier submitter to supplement and complete the dossier.

Within 30 days after receiving a complete dossier, the Minister of Agriculture and Rural Development shall consider and appraise it and decide on the exchange based on the Prime Minister’s approval. In case of refusal, he/she shall clearly state the reason.

4. The Minister of Agriculture and Rural Development shall prescribe the forms of dossier documents prescribed in Clause 2 of this Article.

Article 17.Genetically modified domestic animals and cloning of domestic animals

1. Genetically modified domestic animals are those whose genetics are modified by genetic engineering technology.

2. The research, selection, creation, testing, production, trading, use, release, international exchange of and other activities involving genetically modified domestic animals must comply with the law on biodiversity.

3. Cloning of domestic animals means the use of cloning techniques to create domestic animal clones from somatic cells.

4. Organizations and individuals may conduct domestic animal cloning research in accordance with law.

Section 2

PRODUCTION AND TRADING OF DOMESTIC ANIMAL BREEDS AND DOMESTIC ANIMAL BREED PRODUCTS

Article 18.Requirements on marketed domestic animal breeds and domestic animal breed products

1. Having declared their applicable standards declared.

2. Being of quality conformable to declared standards.

3. Meeting the quarantine requirements prescribed by the law on animal health.

Article 19.Lists of domestic animal breeds that need to be conserved and are banned from export

1. List of domestic animal breeds that need to be conserved includes domestic animal breeds of small populations or endangered domestic animal breeds.

2. List of domestic animal breeds banned from export includes precious and rare domestic animal breeds being Vietnam’s advantages.

3. The Government shall promulgate the lists of domestic animal breeds that need to be conserved and are banned from export; and prescribe the order and procedures for promulgating and updating these lists.

Article 20.Import of domestic animal breeds and domestic animal breed products

1. Imported domestic animal breeds and domestic animal breed products must have their origin, quality and purposes of breed propagation and creation certified in writing by competent agencies of exporting countries.

2. The Minister of Agriculture and Rural Development shall consider and decide on the examination of legal documents on, the system for implementation organization and conditions for production of, domestic animal breeds and domestic animal breed products in exporting countries under Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party in the following cases:

a/ Evaluation is carried out for mutual recognition purpose;

b/ Domestic animal breeds and domestic animal breed products are imported into Vietnam for the first time;

c/ Risks to the quality and biosafety of domestic animal breeds and domestic animal breed products imported into Vietnam are detected.

3. Imported domestic animal breeds and domestic animal breed products must have their applicable standards announced and be quarantined in accordance with the law on animal health.

4. An importer of breeding males, sperms and embryos of cattle breeds shall comply with the following procedures:

a/ The first-time importer shall submit a dossier comprising documents specified by the Minister of Agriculture and Rural Development to the Ministry of Agriculture and Rural Development.

Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall examine it. In case the dossier is incomplete, the Ministry of Agriculture and Rural Development shall request in writing the dossier submitter to supplement and complete the dossier.

Within 15 days after receiving a complete dossier, the Minister of Agriculture and Rural Development shall reply in writing. In case of refusal, he/she shall clearly state the reason;

b/ In case of importing sperms or embryos of the same breeding domestic animal from the second time on, the importer shall only notify such in writing to the Ministry of Agriculture and Rural Development;

c/ In case of importing breeding males of the same domestic animal breed of the same producer from the second time on, the importer shall only notify such in writing to the Ministry of Agriculture and Rural Development.

Article 21.Export and international exchange of domestic animal breeds and domestic animal breed products

1. Dossiers and quality of exported domestic animal breeds and domestic animal breed products shall be made according to requests of importing organizations, individuals or countries and in compliance with Vietnam’s law.

2. Export or international exchange of domestic animal breeds and domestic animal breed products on the lists of domestic animal breeds banned from export for scientific research, exhibition or advertising must be decided by the Minister of Agriculture and Rural Development based on the Prime Minister’s approval according to the following procedures:

a/ An exporter shall submit a dossier comprising documents specified by the Minister of Agriculture and Rural Development to the Ministry of Agriculture and Rural Development.

Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall examine it. In case the dossier is incomplete, the Ministry of Agriculture and Rural Development shall request in writing the dossier submitter to supplement and complete the dossier;

b/ Within 30 days after receiving a complete dossier, the Minister of Agriculture and Rural Development shall decide on export or international exchange based on the Prime Minister’s approval. In case of refusal, he/she shall clearly state the reason.

Article 22.Conditions for production or trading of breeding domestic animals

1. Breeding domestic animals are domestic animal individuals to be raised for reproduction and breeding.

2. An organization or individual producing breeding domestic animals must satisfy the following conditions:

a/ The conditions prescribed in Article 55 of this Law;

b/ Applying an appropriate quality management system and declaring standards applicable to domestic animal breeds;

c/ The establishment keeping the original breed and establishment creating domestic animal strains or breeds must have technical workers possessing a university or higher degree in animal husbandry, animal health or biology;

d/ The establishment raising the parent breed stock for pigs or poultry, or raising the breeding stock or producing breeding domestic animals must have technical workers trained in animal husbandry, animal health or biology;

dd/ Having breed records clearly stating the breed name and level, origin, quantity and techno-economic norms.

3. An organization or individual trading in breeding domestic animals must have a written declaration of standards applied by their producers as well as breed records prescribed at Point dd, Clause 2 of this Article.

Article 23.Conditions for production or trading of breeding domestic animal sperms, embryos, eggs and larva or provision of artificial insemination or domestic animal breeding embryo transplantation services

1. An organization or individual producing breeding domestic animal sperms, embryos, eggs and larva must satisfy the following conditions:

a/ The conditions prescribed in Clause 2, Article 22 of this Law;

b/ Keeping records for monitoring quality of sperms during the period of checking or taking sperms from breeding males;

c/ Having special-use equipment satisfying technical requirements for the production, checking, assessment, preservation and transportation of sperms, embryos, eggs and larva.

2. An individual providing artificial insemination or breeding domestic animal embryo transplantation services must satisfy the following requirements:

a/ Possessing a certificate of training in artificial insemination or domestic animal breeding embryo transplantation techniques under the regulations of the Minister of Agriculture and Rural Development;

b/ Upon providing artificial insemination or embryo transplantation services, recording information about the household head, identification numbers of breeding males and females, date and times of mating.

3. An organization or individual owning breeding males for direct mating for commercial purposes must satisfy the following requirements:

a/ Declaring breeding males under Article 54 of this Law;

b/ Using breeding males of clear origin with breed records and having gone through quarantine, checking and quality assessment.

4. An organization or individual trading in breeding domestic animal sperms and embryos must satisfy the following conditions:

a/ Having preservation tools and equipment suitable to each type of sperm or embryo;

b/ Having a separate preservation place free from pesticides and toxic chemicals;

c/ Having measures to ensure safety for humans, domestic animals and surrounding environment;

d/ Keeping records for monitoring the preservation and trading of sperms and embryos.

5. An organization or individual producing breeding poultry eggs must satisfy the following conditions:

a/ The conditions prescribed in Clause 2, Article 22 of this Law;

b/ Taking breeding eggs from a parent breed stock or an equivalent or upper-level stock.

6. Organizations and individuals trading in breeding domestic animal eggs and larva must have records of declaration of applicable standards and breed records prescribed at Point dd, Clause 2, Article 22 of this Law.

Article 24.Quality requirements of breeding males and females in production

1. A breeding male used in breed production must satisfy the following requirements:

a/ Having clear origin or a pedigree;

b/ Having been produced by a breed production establishment and conformable to the declared breed quality standards;

c/ Breeding males used in a commercial sperm production establishment must have their individual productivity checked and satisfy quality standards under regulations.

2. A breeding female used in breed production must satisfy the following requirements:

a/ Having clear origin or a pedigree;

b/ Having been produced by a breed production establishment and conformable to the declared breed quality standards.

3. The Minister of Agriculture and Rural Development shall prescribe quality norms applicable to breeding males and females.

Article 25.Rights and obligations of establishments producing or trading in domestic animal breed products

1. Establishments producing or trading in domestic animal breed products have the following rights:

a/ To produce and trade in domestic animal breed products when fully satisfying the conditions prescribed in Articles 22 and 23 of this Law;

b/ To enjoy the State’s preferential policies;

c/ To file complaints or denunciations or initiate lawsuits related to the production and trading of domestic animal breed products in accordance with law;

d/ To keep confidential information about the production and trading of domestic animal breed products, unless competent state agencies request provision of such information.

2. Establishments producing or trading in domestic animal breed products have the following obligations:

a/ To declare their animal husbandry activities under Article 54 of this Law;

b/ To maintain the required conditions in the course of production or trading;

c/ To keep breed records for at least 3 years from the date of production or trading;

d/ To provide domestic animal breed product buyers with records containing information about the name and address of the production establishment, name of the domestic animal breed, quantity of sold domestic animal breed products, cattle pedigree, written declarations of applicable standards, and husbandry process;

dd/ To guarantee and take responsibility for the conformity of quality of domestic animal breed products with declared applicable standards;

e/ To recall domestic animal breed products of inappropriate categories, unclear origin or inferior quality, and compensate for damage in accordance with law;

g/ To submit to inspection and examination by competent state agencies.

Section 3

ASSAY AND INSPECTION OF DOMESTIC ANIMAL STRAINS AND BREEDS

Article 26.Assay of domestic animal strains and breeds

1. Assay of domestic animal strains and breeds means raising and monitoring a specific domestic animal strain or breed under certain conditions and during a given period in order to ascertain its distinctness, stability and uniformity in productivity, quality and disease resistance as well as its harmful characteristics.

2. New domestic animal strains or breeds shall be assayed before being put into production, except those created as outcomes of the performance of ministerial or national scientific and technological tasks which have been recognized or permitted by competent agencies.

3. Organizations and individuals wishing to have new domestic animal strains and breeds recognized shall perform assays thereof according to the national technical regulations on assay of domestic animal strains and breeds at qualified establishments.

4. The Minister of Agriculture and Rural Development shall promulgate national technical regulations on assay of domestic animal strains and breeds.

Article 27.Conditions on establishments assaying domestic animal strains and breeds

An establishment assaying domestic animal strains and breeds must satisfy the following conditions:

1. The conditions prescribed in Article 55 of this Law;

2. Having physical facilities and technical equipment and devices necessary for assay of domestic animal strains and breeds;

3. Having technical workers who possess a university or higher degree in animal husbandry, animal health or biology;

4. Applying an appropriate quality management system.

Article 28.Inspection of domestic animal strains and breeds

1. Inspection of domestic animal strains and breeds means revaluation and recertification of productivity, quality and disease resistance of domestic animal strains and breeds after they are put into production.

2. Inspection of a domestic animal strain or breed shall be carried out in the following cases:

a/ There is a complaint or denunciation about quality of the domestic animal strain or breed;

b/ There is a request for expert assessment from a competent state agency;

c/ There is a request from an organization or individual.

3. The Ministry of Agriculture and Rural Development shall publicize domestic animal strain and breed assay establishments licensed to carry out inspection of domestic animal strains and breeds.

Article 29.Principles of naming new domestic animal strains and breeds

1. Every new domestic animal strain or breed can be given an appropriate name in Vietnamese.

2. The naming of a new domestic animal strain or breed must ensure that:

a/ The name is not identical or confusingly similar to a recognized domestic animal strain or breed name;

b/ The name does not consist of numbers only;

c/ The name does not violate the national historical tradition, culture, morality and fine custom and traditions;

d/ The name cannot be pronounced or written in the same way as names of state leaders, national heroes or great personalities;

dd/ The name does not use the name of a state agency, people’s armed forces unit, political organization, socio-political organization, socio-politico-professional organization, social organization or socio-professional organization, unless so approved by such agency, unit or organization.

Article 30.Recognition of new domestic animal strains and breeds

1. A dossier for recognition of a new domestic animal strain or breed must comprise:

a/ A written request for recognition of a new domestic animal strain or breed, clearly stating its name and origin;

b/ Results of the assay or of the performance of the ministerial or national scientific and technological task which have been recognized or permitted by a competent agency.

2. The recognition of a new domestic animal strain or breed shall be carried out according to the following order and procedures:

a/ The organization or individual requesting the recognition shall submit a paper or electronic dossier prescribed in Clause 1 of this Article to the Ministry of Agriculture and Rural Development.

Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall examine it. In case the dossier is incomplete, it shall request in writing the dossier submitter to supplement and complete the dossier;

b/ Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall appraise it. In case results of the dossier appraisal are satisfactory, the Minister of Agriculture and Rural Development shall decide to recognize the new domestic animal strain or breed. In case such results are unsatisfactory, he/she shall issue a reply clearly stating the reason.

Article 31.Rights and obligations of domestic animal strain and breed assay establishments

1. Domestic animal strain and breed assay establishments have the following rights:

a/ To assay domestic animal strains and breeds in accordance with law;

b/ To inspect domestic animal strains and breeds under Article 28 of this Law;

c/ To get paid for the assay and inspection of domestic animal strains and breeds in accordance with law;

d/ To file complaints and denunciations and initiate lawsuits about assay of domestic animal strains and breeds in accordance with law;

dd/ To refuse to provide information about assay and inspection results, unless so requested by competent state agencies.

2. Domestic animal strain and breed assay establishments have the following obligations:

a/ To ensure the required conditions in the course of operation;

b/ To take responsibility for assay and inspection results;

c/ To comply with the regulations on biosafety, epidemic safety and environmental protection;

d/ To keep dossiers for at least 3 years after completing an assay or inspection;

dd/ To submit to inspection and examination by competent state agencies.

Chapter III

ANIMAL FEED

Article 32.Requirements for commercial animal feed products before being marketed

1. Their applicable standards and regulation conformity are declared in accordance with the laws on standards and technical regulations and product and goods quality.

2. Their quality satisfies declared applicable standards and technical regulations.

3. They are produced at establishments having a certificate of eligibility for production of animal feed granted by a competent state management agency.

4. Information about them is publicized on the portal of the Ministry of Agriculture and Rural Development.

5. Accompanied labels and/or documents comply with Article 46 of this Law.

Article 33.Publication of information about complete compound and concentrate animal feed products

1. Information about complete compound and concentrate animal feed products shall be publicized by their producers and traders on the portal of the Ministry of Agriculture and Rural Development.

2. A dossier for publication of information about a complete compound or concentrate animal feed product must comprise:

a/ For a domestically produced complete compound or concentrate animal feed product, the documents specified at Points b, c, d, dd and e, Clause 2, Article 34 of this Law;

b/ For an imported complete compound or concentrate animal feed product, the documents specified at Points b, c, d, dd, e and g, Clause 3, Article 34 of this Law, which may be the originals or copies and their notarized Vietnamese translations.

3. Producers and traders may log in the portal of the Ministry of Agriculture and Rural Development to publicize by themselves information about their complete compound and concentrate animal feed products. The publicized product information must be consistent with the information declared in the dossier prescribed in Clause 2 of this Article.

Right after publicizing information about their products, producers and traders may produce and trade in, and take responsibility for the quality and safety of, such products.

4. Change of information about a complete compound or concentrate animal feed product shall be made as follows:

a/ In case of changing the address of a production establishment or product quality, a producer or trader shall re-publicize product information under Clauses 2 and 3 of this Article;

b/ In case of changing information not mentioned at Point a of this Clause, a producer or trader shall modify by himself/herself information already publicized on the portal of the Ministry of Agriculture and Rural Development.

Article 34.Publication of information about supplementary feed products

1. Supplementary feed products shall be appraised before being publicized on the portal of the Ministry of Agriculture and Rural Development. This provision is not applicable to single ingredients.

2. A dossier of request for publication of information about a domestically produced supplementary feed product must comprise:

a/ A written request for publication of product information;

b/ A certificate of eligibility for animal feed production;

c/ A contract on hiring of animal feed processing in case the producer or trader hires processing at an animal feed production establishment having a certificate of eligibility for animal feed production;

d/ Declared applicable standards and a notice of receipt of regulation conformity declaration for the product;

dd/ A slip of product quality and safety testing results against declared applicable standards and relevant national technical regulations issued by a laboratory designated or accredited by the Ministry of Agriculture and Rural Development;

e/ Product label specimens.

3. A dossier of request for publication of information about an imported supplementary feed product must comprise:

a/ A written request for publication of product information;

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

c/ One of certificates of quality control system by the International Organization for Standardization (ISO), good manufacturing practices (GMP) and hazard analysis and critical control points (HACCP) or another certificate of equivalent validity of the producer;

d/ A sheet of product information issued by the producer, specifying feed ingredients, uses, use instructions, quality and safety standards, as prescribed by the Minister of Agriculture and Rural Development;

dd/ Declared applicable standards registered by the producer in accordance with the law on product and goods quality; and Vietnamese-language auxiliary labels of the product as prescribed;

e/ A slip of product quality and safety testing results issued by a laboratory designated by a competent agency of the country of origin or accredited by an international accreditation organization or a regional accreditation organization or a laboratory designated or accredited by the Ministry of Agriculture and Rural Development;

g/ Product label specimens provided by the producer.

Documents included in the dossier must be originals or notarized copies and their notarized Vietnamese translations.

4. A dossier of request for republication of information about a supplementary feed product must comprise:

a/ For domestically produced supplementary feed, the document specified at Point a, Clause 2 of this Article;

b/ For imported supplementary feed, the document specified at Point a, Clause 3 of this Article.

5. The publication of information about a supplementary feed product shall be carried out as follows:

a/ The producer or trader shall log in the portal of the Ministry of Agriculture and Rural Development to submit a dossier of request for publication of information about the supplementary feed product as prescribed in Clause 2, 3 or 4 of this Article.

b/ Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall examine its documents. In case the dossier is incomplete, it shall notify such on its portal for the dossier submitter to complete the dossier.

Within 20 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall appraise it and publicize product information on its portal. In case of rejecting the dossier, it shall clearly state the reason.

6. The market circulation period of a supplementary feed product is 5 years after it is publicized by the Ministry of Agriculture and Rural Development on its portal. Within 6 months before the expiration of the market circulation period, a producer or trader may make republication under Clauses 4 and 5 of this Article.

Article 35.Changes in information about supplementary feed products

1. In case of a change in information about a supplementary feed product regarding the name, address, telephone or fax number or email address of the registering producer or trader or product packaging specifications, the producer or trader shall modify by itself/himself/herself information publicized on the portal of the Ministry of Agriculture and Rural Development.

2. In case of a change in information about a supplementary feed product regarding the name of the producer, address of the production establishment, name of the product, symbols of declared applicable standards, colors, use instructions or expiry date of the product, the producer or trader shall request the modification of information on the portal of the Ministry of Agriculture and Rural Development according to the following order and procedures:

a/ It shall submit a dossier of request for information modification, which must comprise a written request for information modification, declared applicable standards, a notice of receipt of regulation conformity declaration (if any), product label specimens and a certificate of eligibility for animal feed production.

For an imported supplementary feed product, such a dossier shall be added with the original or a notarized copy of the written certification of modified information of the producer; a notarized copy of the enterprise registration certificate or written certification by a competent state management agency in case of change of the name of the production establishment or commercial name of the imported feed product;

b/ Within 3 working days after receiving a dossier, the Ministry of Agriculture and Rural Development shall examine it. In case the dossier is incomplete, it shall request the dossier submitter to complete the dossier.

Within 15 days after receiving a complete dossier, the Ministry of Agriculture and Rural Development shall certify and publicize modified product information on its portal. In case of refusal, it shall clearly state the reason.

3. The provisions of Clauses 1 and 2 of this Article are not applicable to single ingredients.

Article 36.Publication of information about other animal feed products

1. The Ministry of Agriculture and Rural Development shall publicize on its portal the following information about traditional feed products and single ingredients:

a/ Names of products;

b/ Technical requirements of products.

2. Animal feed products not required to be publicized on the portal of the Ministry of Agriculture and Rural Development include:

a/ Animal feed for internal consumption, which means animal feed mixed by an establishment itself for its own animal husbandry activities but not for exchange and trading on the market;

b/ Ordered animal feed, which means animal feed produced under orders between ordering establishments and animal feed suppliers for internal use within the ordering establishments but not for exchange and trading on the market;

c/ Other animal feed not specified in Clause 1 of this Article.

Article 37.Assay of animal feed

1. Assay of animal feed means the assessment of its quality and safety for domestic animals and the environment through the test raising of domestic animals in each growth stage or production cycle. Assay of animal feed covers:

a/ Analysis of quality of animal feed;

b/ Assessment of toxicity and safety of animal feed for domestic animals and the environment;

c/ Other contents depending on characteristics of each type of animal feed.

2. Animal feed products imported for the first time from countries and territories that have not obtained Vietnam’s recognition of animal feed assay and recognition process or produced in Vietnam and containing new substances not yet assayed in Vietnam shall be assayed before being publicized, except those created as results of ministerial or national scientific and technological tasks recognized or permitted by a competent agency.

3. An animal feed assay establishment must satisfy the following conditions:

a/ The conditions prescribed in Article 55 of this Law;

b/ Having physical foundations and technical equipment satisfying the requirements for animal feed assay;

c/ Having a head technician who possesses a university or higher degree in animal husbandry, animal health, biology, food technology or post-harvest processing technology.

4. The Minister of Agriculture and Rural Development shall promulgate the list of chemicals, bio-products and microorganisms banned from use in animal feed and the list of materials permitted for use as animal feed; promulgate national technical regulations on assay of animal feed and regulations on mutual recognition of animal feed assay and recognition process with countries and territories that commercially exchange animal feed with Vietnam.

Article 38.Conditions on animal feed production

1. An organization or individual that produces commercial animal feed or ordered animal feed must satisfy the following conditions:

a/ Having its/his/her production establishment located in an area not contaminated with hazardous wastes or toxic chemicals;

b/ Designing production sections and installing equipment in one direction from input materials to output products, ensuring adequate space between production sections in order to prevent cross contamination;

c/ Having appropriate lines and equipment for producing animal feed;

d/ Devising measures to preserve animal feed materials according to recommendations of suppliers;

dd/ Devising measures to control harmful organisms, impurities and contaminants so as to minimize their impacts on animal feed safety and quality;

e/ Having measuring devices and tools that have been inspected and calibrated under regulations;

g/ Having or renting a laboratory for analyzing animal feed quality in the production process;

h/ Having a head technician who possesses a university or higher degree in animal husbandry, animal health, biology, food technology or post-harvest processing technology;

i/ For an establishment producing animal feed containing antibiotics, devising measures to control the dispersal and cross contamination of antibiotics and between animal feed containing antibiotics and animals feed not containing antibiotics;

k/ Devising environmental protection measures in accordance with the law on environmental protection.

2. Producers of animal feed for internal consumption must satisfy the conditions prescribed at Points a, b, d, dd, e, g, i and k, Clause 1 of this Article, except animal feed for internal use in household-based animal husbandry.

3. The Government shall detail Clause 1 of this Article.

Article 39.Grant, re-grant and revocation of certificates of eligibility for animal feed production

1. The competence for grant, re-grant and revocation of certificates of eligibility for animal feed production is as follows:

a/ The Ministry of Agriculture and Rural Development may grant, re-grant and revoke certificates of eligibility for animal feed production to/from supplementary animal feed production establishments;

b/ Provincial-level People’s Committees may grant, re-grant and revoke certificates of eligibility for animal feed production to/from all animal feed production establishments in their localities, except those specified at Point a of this Clause.

2. A certificate of eligibility for animal feed production may be re-granted in the following cases:

a/ It is lost or damaged;

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

3. A certificate of eligibility for animal feed production shall be revoked in the following cases:

a/ It is erased or has its contents modified;

b/ Its holder no longer satisfies the conditions prescribed in Clause 1, Article 38 of this Law;

c/ Its holder commits a violation subject to certificate revocation in accordance with law.

4. The Government shall prescribe dossiers, order and procedures for grant, re-grant and revocation of certificates of eligibility for animal feed production.

Article 40.Conditions for animal feed trading

1. Having equipment and tools for preservation of animal feed according to instructions of animal feed producers or suppliers.

2. Building animal feed-selling stalls and warehouses in separate areas or areas not contaminated with pesticides, fertilizers or other toxic chemicals.

3. Devising measures to prevent and control harmful organisms.

Article 41.Import of animal feed

1. Imported animal feed is subject to state inspection of quality under Clause 4, Article 43 of this Law.

2. Animal feed importers must have or rent warehouses for animal feed satisfying the food quality and safety requirements in accordance with law and recommendations of suppliers.

3. Organizations and individuals may only import animal feed about which information has been publicized on the portal of the Ministry of Agriculture and Rural Development.

The import of animal feed about which information has not been publicized on the portal of the Ministry of Agriculture and Rural Development for the purposes of display at trade fairs or exhibitions, raising for adaptation, research or use as analysis samples in laboratories or production or processing for export is subject to permission by the Minister of Agriculture and Rural Development.

4. The Minister of Agriculture and Rural Development shall consider and decide to examine legal documents, enforcement system, animal feed production conditions and laboratories in exporting countries in accordance with Vietnam’s law and treaties to which the Socialist Public of Vietnam is a contracting party in the following cases:

a/ Assessment for mutual recognition purpose;

b/ Detection of risks to the quality, the environment, food safety and epidemic safety of animal feed imported into Vietnam.

5. The Government shall detail this Article.

Article 42. Export of animal feed

1. Dossiers and quality of exported animal feed must follow requirements of importing organizations, individuals and countries and comply with relevant regulations of Vietnam.

2. The export of animal feed must comply with this Law and other relevant regulations.

Article 43.State inspection of quality of animal feed

1. The state inspection of quality of animal feed must comply with this Law, the Law on Product and Goods Quality and other relevant regulations.

2. Contents of the state inspection of quality of domestically produced and sold commercial animal feed include:

a/ Declaration of applicable standards and regulation conformity (if any);

b/ Application of measures to control quality of animal feed;

c/ Labeling of animal feed products;

d/ Sampling of animal feed for inspection of conformity with declared applicable standards, relevant national technical regulations and other relevant regulations, focusing on inspecting and evaluating main safety and quality indicators in animal feed.

3. Contents of the state inspection of quality of animal feed for internal consumption, animal feed produced under orders and traditional animal feed include sampling of animal feed for inspection of safety indicators prescribed in relevant national technical regulations and other relevant regulations.

4. Contents of the state inspection of quality of imported animal feed include:

a/ Examination of import dossiers;

b/ Physical inspection of quantity, volume, packaging specifications, labeling, expiry date, origin and other sensitive features of products;

c/ Sampling of imported animal feed for testing and assessment of its conformity with quality and safety standards.

5. Contents of the state inspection of quality of exported animal feed include:

a/ Examination of dossiers for declaration of quality and regulation conformity (if any);

b/ Physical inspection of packaging specifications, labeling, expiry date, origin and other sensitive features of products;

c/ Analysis of quality as requested by importers.

6. Contents of the state inspection of quality of exported animal feed which is recalled or returned include:

a/ Identification of reasons for which exported animal feed is recalled or returned;

b/ Physical inspection of packaging specifications, labeling, expiry date and sensitive features of products;

c/ Sampling of animal feed for inspection of its quality and safety.

7. The handling of violations related to quality of animal feed is prescribed as follows:

a/ Animal feed producers and traders shall, depending on the severity of their quality-related violations, be administratively sanctioned or examined for penal liability in accordance with law;

b/ Animal feed involved in quality-related violations shall be disposed of in the form of having its false information corrected, recycling, use purpose change, re-export or destruction.

8. The Government shall detail this Article.

Article 44.Sampling and testing of animal feed

1. The sampling of animal feed for the state inspection of quality shall be carried out under the provisions in national standards or regulations of the Ministry of Agriculture and Rural Development.

2. Persons taking animal feed samples for state management purposes must possess an animal feed sampling certificate granted by the Ministry of Agriculture and Rural Development.

3. Results of testing of animal feed for state management purposes may only be recognized if they are obtained by testing methods applied at laboratories designated by the Ministry of Agriculture and Rural Development. In case of absence of a testing method designated or agreed upon, the Minister of Agriculture and Rural Development shall decide on testing methods to be applied on a temporary basis.

4. Testing shall be conducted based on quality standards declared by animal feed producers or suppliers for application and safety indicators prescribed in relevant national technical regulations and other relevant regulations.

Article 45.Animal feed containing antibiotics

1. Antibiotics used in animal feed must be veterinary drugs permitted for circulation in Vietnam.

2. Antibiotics may only be used in the production of animal feed according to prescriptions of persons who possess an animal disease prevention and treatment practice certificate as prescribed in the law on animal health and for the purpose of prevention of diseases for juvenile domestic animals or treatment of diseased domestic animals.

3. The use of animal feed containing antibiotics must comply with instructions of animal feed producers or suppliers.

4. Product labels of or documents accompanying animal feed containing antibiotics must show antibiotic names and contents, use instructions and non-use period.

5. The Government shall specify which domestic animals can use animal feed containing antibiotics in their juvenile stage for disease prevention or prescribe the schedule of stopping the use of antibiotics for prevention of diseases in domestic animals.

Article 46.Labeling of animal feed

1. Labeling of animal feed must comply with the labeling regulations and the following provisions:

a/ For commercial animal feed, product labels or accompanying documents must show information about product names, main ingredients, quality standards, place and date of production, expiry date, preservation and use instructions, organizations or individuals responsible for products, meeting the requirements on tracing product origin;

b/ For other types of animal feed, product labels or accompanying documents must contain information for identifying and tracing origin of products.

2. The Minister of Agriculture and Rural Development shall detail the provisions on labeling of animal feed.

Article 47.Advertising of animal feed

1. Animal feed advertisers shall comply with the law on advertising.

2. Animal feed advertisements must conform with product information publicized on the portal of the Ministry of Agriculture and Rural Development.

Article 48.Rights and obligations of animal feed production establishments

1. Animal feed production establishments have the following rights:

a/ To enjoy the State’s policies applied to animal feed production and trading;

b/ To produce animal feed in accordance with this Law and other relevant regulations;

c/ To file complaints and denunciations or initiate lawsuits about animal feed production in accordance with law;

d/ In addition to the rights provided at Points a, b and c of this Clause, establishments producing commercial animal feed have the right to process other types of animal feed in accordance with law.

2. Animal feed production establishments have the following obligations:

a/ To ensure the conditions on animal feed production throughout the course of operation;

b/ To establish and implement the process of animal feed quality control, ensuring the conformity of animal feed with quality standards declared for application and relevant national technical regulations, and traceability of origin of animal feed products, and to keep such process;

c/ To use only animal feed products and materials permitted by law; to ensure that materials used in finished products must have a use duration at least equal to the useful life of finished products;

d/ To submit to examination and inspection of animal feed production conditions and quality by competent state agencies; to take responsibility before law for quality of animal feed which they produce;

dd/ Establishments producing commercial animal feed shall declare their applicable standards and regulation conformity, animal feed labeling, and keep all records and dossiers under regulations; keep animal feed production logs and testing results for at least 2 years; keep animal feed samples for at least 30 days from the expiry date of products; report on the animal feed production on a periodical or an unscheduled basis under regulations of the Minister of Agriculture and Rural Development, and perform the obligations prescribed at Points a, b, c and d of this Clause.

Article 49.Rights and obligations of animal feed trading, import or export establishments

1. Animal feed trading, import or export establishments have the following rights:

a/ To enjoy the State’s policies applied to animal feed trading;

b/ To trade in, import or export animal feed products in accordance with this Law and other relevant regulations;

c/ To file complaints and denunciations or initiate lawsuits about the trading, import or export of animal feed in accordance with law.

2. Animal feed trading, import or export establishments have the following obligations:

a/ To maintain the conditions on animal feed trading, import or export throughout the course of operation;

b/ To comply with the regulations on assurance of quality and provision of information about origin of animal feed;

c/ To apply measures to preserve product quality according to recommendations of producers in order to maintain animal feed quality;

d/ To tag prices and submit to inspection of animal feed prices;

dd/ To submit to examination and inspection of the animal feed trading, import or export conditions and quality by competent state agencies;

e/ To refrain from trading in, importing and exporting animal feed products containing substances banned from use in animal feed;

g/ To trade in or import only types of animal feed about which information has been publicized on the portal of the Ministry of Agriculture and Rural Development;

h/ To record and keep animal feed information in the course of trading, import or export in order to ensure origin traceability;

i/ To establish the process of evaluation and selection of imported animal feed producers or suppliers; to formulate and implement plans on quality inspection of imported animal feed product shipments to ensure their conformity with trading contracts, declared applicable standards and technical regulations.

Article 50.Rights and obligations of animal feed users

1. Animal feed users have the following rights:

a/ To be provided with sufficient information about quality, origin, prices and use instructions of animal feed by suppliers;

b/ To file complaints and denunciations or initiate lawsuits about the use of animal feed in accordance with law;

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

2. Animal feed users have the following obligations:

a/ To use animal feed products that satisfy quality standards and food safety requirements for human health, domestic animals and the environment;

b/ To comply with relevant regulations and instructions provided by animal feed suppliers on transportation, storage, preservation and use of animal feed;

c/ To submit to examination and inspection of animal feed quality by competent state agencies;

d/ To collaborate with competent agencies in disposing of animal feed and husbandry products involved in quality and safety violations in accordance with law;

dd/ To keep records of use of animal feed containing antibiotics under regulations.

Article 51.Rights and obligations of animal feed assay establishments

1. Animal feed assay establishments have the following rights:

a/ To assay animal feed in accordance with law;

b/ To get paid for animal feed assay in accordance with law;

c/ To file complaints and denunciations or initiate lawsuits about animal feed assay in accordance with law.

2. Animal feed assay establishments have the following obligations:

a/ To maintain the conditions on animal feed assay establishments throughout the course of operation;

b/ To take responsibility for results of animal feed assay;

c/ To keep animal feed assay dossiers for at least 3 years;

d/ To submit to examination and inspection of animal feed assay by competent state agencies.

Chapter IV

CONDITIONS ON ANIMAL HUSBANDRY ESTABLISHMENTS OR ANIMAL HUSBANDRY WASTE TREATMENT ESTABLISHMENTS

Section 1

CONDITIONS ON ANIMAL HUSBANDRY ESTABLISHMENTS

Article 52.Animal husbandry scale

1. Animal husbandry may be of the following scales:

a/ Animal husbandry on big, medium or small farms;

b/ Farmer household-based animal husbandry.

2. The Government shall detail this Article.

Article 53.Domestic animal unit and animal husbandry density

1. Domestic animal unit means a unit of weight of live cattle or poultry regardless of breed, age and sex. Each domestic animal unit is equivalent to 500 kg of live animal weight.

2. Animal husbandry density refers to the total number of domestic animal units per hectare of agricultural land.

3. Animal husbandry scale shall be determined based on animal husbandry density.

4. The Government shall prescribe the animal husbandry density for each region based on the strategy for animal husbandry development, animal husbandry technology and the ecological environment.

5. Provincial-level People’s Committees shall base themselves on the regional animal husbandry density to prescribe the animal husbandry density for their respective provinces or centrally run cities.

Article 54.Declaration of animal husbandry activities

1. Organizations and individuals engaged in animal husbandry shall declare their animal husbandry activities to commune-level People’s Committees.

2. The Minister of Agriculture and Rural Development shall prescribe types and minimum number of domestic animals subject to declaration, time of declaration and declaration form.

Article 55.Farm-based animal husbandry

1. Farm-based animal husbandry must satisfy the following conditions:

a/ Farm locations are conformable with local or regional socio-economic development strategies and animal husbandry development strategy; and satisfy the animal husbandry density requirements prescribed in Clauses 4 and 5, Article 53 of this Law;

b/ There are sufficient sources of quality water for animal husbandry and animal husbandry waste treatment;

c/ There are environmental protection measures in accordance with the law on environmental protection;

d/ There are farmhouses, stables and equipment for animal husbandry suitable to each type of domestic animals;

dd/ There are written records of animal husbandry activities, use of animal feed, veterinary drugs and vaccines, and other information to ensure origin traceability; these records shall be kept for at least 1 year after the end of the animal husbandry cycle;

e/ There are safe distances from animal husbandry farms to subjects affected by animal husbandry activities and from polluting sources to animal husbandry farms.

2. Organizations and individuals engaged in animal husbandry on large-scale farms must have a certificate of eligibility for animal husbandry.

3. The Minister of Agriculture and Rural Development shall prescribe safe distances in farm-based animal husbandry to ensure bio-safety, epidemic safety and environmental protection.

Article 56.Farmer household-based animal husbandry

Farmer household-based animal husbandry must satisfy the following conditions:

1. Stables are separated from human residences;

2. Animal husbandry stables and tools are sanitized, disinfected and decontaminated;

3. There are appropriate anti-epidemic sanitation measures; measures to collect and treat and dispose of domestic animal excrement, animal husbandry wastewater, domestic animal carcasses and other animal husbandry wastes in accordance with the laws on animal health and environmental protection.

Article 57.Rights and obligations of organizations and individuals engaged in animal husbandry

1. Organizations and individuals engaged in animal husbandry have the following rights:

a/ Those that have declared their animal husbandry activities under Article 54 of this Law may receive support for remedying damage caused by natural disasters or epidemics and for restoring production in accordance with law;

b/ To enjoy the State’s policies applied to animal husbandry;

c/ To be trained in animal husbandry;

d/ To advertise their products in accordance with law;

dd/ To file complaints and denunciations or initiate lawsuits about animal husbandry in accordance with law.

2. Organizations and individuals engaged in animal husbandry have the following obligations:

a/ To declare their animal husbandry activities under Article 54 of this Law;

b/ To take bio-safety and environmental sanitation measures in animal husbandry;

c/ To treat and dispose of animal husbandry wastes in accordance with the law on environmental protection;

d/ To ensure humane treatment of domestic animals in accordance with law.

Article 58.Grant, re-grant and revocation of certificates of eligibility for animal husbandry for large-scale farm-based animal husbandry

1. Provincial-level People’s Committees may grant, re-grant and revoke certificates of eligibility for animal husbandry.

2. A certificate of eligibility for animal husbandry may be re-granted in the following cases:

a/ It is lost or damaged;

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

3.  A certificate of eligibility for animal husbandry shall be revoked in the following cases:

a/ It is erased, crossed out or has its contents modified;

b/ Its holder no longer satisfies the conditions prescribed in Article 55 of this Law;

c/ Its holder commits another violation subject to certificate revocation under law.

4. The Government shall prescribe dossiers, order and procedures for grant, re-grant and revocation of certificates of eligibility for animal husbandry.

Section 2

TREATMENT OF ANIMAL HUSBANDRY WASTES

Article 59.Treatment of wastes in farm-based animal husbandry

1. Animal husbandry wastes include solid organic wastes, wastewater, waste gases and other wastes.

2. The treatment of solid organic wastes is prescribed as follows:

a/ Owners of farm-based animal husbandry establishments shall treat solid organic wastes up to national technical regulations before using them as manure for plants or as aquatic animal feed;

b/ Untreated solid organic wastes shall be transported from farm-based animal husbandry establishments to treatment and disposal facilities by special-use vehicles.

c/ Domestic animals that die of diseases and other hazardous wastes shall be treated and disposed of in accordance with the laws on animal health and environmental protection.

3. The treatment of animal husbandry wastewater is prescribed as follows:

a/ Owners of farm-based animal husbandry establishments shall collect and treat animal husbandry wastewater up to national technical regulations before discharging it into wastewater-receiving sources in accordance with the law on environmental protection;

b/ Animal husbandry wastewater treated up to national technical regulations on animal husbandry wastewater may be used for plants;

c/ Untreated animal husbandry wastewater shall be transported from farm-based animal husbandry establishments to treatment and disposal facilities by special-use vehicles.

4. Owners of farm-based animal husbandry establishments shall treat waste gases emitted from animal husbandry activities up to national technical regulations on animal husbandry waste gases.

5. The treatment of other wastes must comply with the laws on animal health and environmental protection.

Article 60.Treatment of wastes in farmer household-based animal husbandry

Farmer household-based animal husbandry owners must satisfy the following requirements:

1. Having measures to treat and dispose of animal excrement, animal husbandry wastewater and waste gases to ensure environmental sanitation and avoid impacts on surrounding households;

2. Domestic animals that die of diseases and other hazardous wastes shall be treated and disposed of in accordance with the laws on animal health and environmental protection.

Article 61.Reduction of noise in animal husbandry

1. Noise in animal husbandry includes noise made by domestic animals and from equipment used in animal husbandry.

2. Owners of farm-based animal husbandry establishments and farmer household-based animal husbandry owners shall reduce noise from animal husbandry up to the national technical regulations on noise in animal husbandry.

Article 62.Management of products from the treatment of animal husbandry wastes

1. In order to be permitted for market circulation, a product from the treatment of animal husbandry wastes must satisfy the following requirements:

a/ Its applicable standards and regulation conformity have been declared in accordance with law;

b/ Its quality is up to the declared applicable standards;

c/ Information about it has been publicized on the portal of the Ministry of Agriculture and Rural Development;

d/ Any product from the treatment of animal husbandry wastes produced or imported into Vietnam for the first time and containing a new substance not yet tested in Vietnam must be assayed before being publicized.

2. The Government shall detail this Article.

Article 63.Management of establishments producing products from the treatment of animal husbandry wastes

1. The management of an establishment producing products from the treatment of animal husbandry wastes aims to ensure that:

a/ The production location is in an area not polluted by hazardous wastes;

b/ An environmental impact assessment report or environmental protection plan is made in accordance with the law on environmental protection;

c/ Technology lines and equipment are suitable to the production;

d/ Measuring equipment and devices for quality control are precise in accordance with the law on measurement;

dd/ Warehouses for preservation of products apply a separate preservation regime;

e/ The chief technician of the establishment possesses a university or higher degree in animal husbandry, animal health, chemistry, bio-technology or environmental technology.

2. The Government shall detail this Article.

Chapter V

FARMING OF OTHER ANIMALS AND HUMANE TREATMENT OF DOMESTIC ANIMALS

Section 1

FARMING OF OTHER ANIMALS

Article 64.Management of edible-nest swiftlet farming

1. Attraction of edible-nest swiftlets means the use of technical measures to attract edible-nest swiftlets to build nests in bird-nesting houses.

2. Edible-nest swiftlet farming activities include attracting, hatching eggs of and raising edible-nest swiftlets and harvesting their nests.

3. Organizations and individuals engaged in farming edible-nest swiftlets in farming areas shall protect the environment, reduce noise, prevent and control epidemics, and ensure food safety in accordance with law.

4. The Government shall detail this Article.

Article 65.Management of honeybee keeping

1. Bee colony kept for honey means a domesticated and disease-free bee colony.

2. Honeybee keepers shall ensure epidemic safety for their honeybee colonies, environmental sanitation in beekeeping places and food hygiene and safety for products made from honeybees.

3. The Minister of Agriculture and Rural Development shall prescribe the minimum distance between honeybee hive locations, methods of moving honeybee colonies, plants and flower-growing areas for honeybees, and use of honeybees for pollination.

Article 66.Management of dog and cat keeping

Dog and cat owners must satisfy the following requirements:

1. To get their dogs and cats vaccinated to prevent rabies in accordance with the law on animal health;

2. To promptly report to commune-level People’s Committees or grassroots animal husbandry or animal health officers upon suspecting that their dogs and cats have symptoms of rabies, and act in accordance with the law on animal health;

3. To take measures to ensure safety for humans and other domestic animals, keep the environment clean and ensure animal health sanitation conditions;

4. To pay compensations for damage caused by their dogs and cats in accordance with law.

Article 67.Management of sika deer farming

1. Organizations and individuals may only farm domesticated sika deer of lawful origin and take responsibility before law for origin of sika deer they farm.

2. Sika deer farmers must have stables suitable to biological characteristics of sika deer, ensuring safety for humans and other domestic animals, environmental sanitation, animal health sanitation conditions, epidemic prevention and food safety in accordance with law.

3. The Government shall detail this Article.

Article 68.Management of farming of other animals

1. Organizations and individuals may farm other animals specified in Articles 64, 65, 66 and 67 of this Law and other animals on the list of other animals permitted for farming.

2. The Government shall promulgate the list of other animals permitted for farming. The Minister of Agriculture and Rural Development shall prescribe the farming of other animals on the list of other animals permitted for farming.

Section 2

HUMANE TREATMENT OF DOMESTIC ANIMALS

Article 69.Humane treatment of domestic animals in animal husbandry

Organizations and individuals engaged in animal husbandry activities must satisfy the following requirements:

1. To have animal husbandry stables and areas suitable to domestic animals;

2. To supply adequate hygienic feed and water;

3. To prevent and treat diseases for domestic animals in accordance with the law on animal health;

4. To refrain from beating and maltreating domestic animals.

Article 70.Humane treatment of domestic animals in transportation

Organizations and individuals transporting domestic animals must satisfy the following requirements:

1. To use appropriate vehicles and equipment, ensuring sufficient space and minimizing injury and stress for domestic animals;

2. To supply adequate feed and water for domestic animals;

3. To refrain from beating and maltreating domestic animals.

Article 71.Humane treatment of domestic animals in slaughter

Slaughterhouses must satisfy the following requirements:

1. To have sanitary places for temporary keeping of domestic animals; to supply water suitable to domestic animals pending slaughtering;

2. To minimize stress and pain caused to domestic animals; to refrain from beating and maltreating domestic animals;

3. To take measures to render domestic animals unconscious prior to slaughter; to avoid allowing domestic animals to see the slaughter of their fellow animals.

Article 72.Humane treatment of domestic animals in scientific research and other activities

1. Domestic animals used in scientific research and other activities must be humanely treated under Articles 69, 70 and 71 of this Law.

2. Humane treatment of domestic animals must respect and be in harmony with belief and religious activities and traditional cultures, and be accepted by social communities.

Chapter VI

PROCESSING AND MARKETS OF ANIMAL HUSBANDRY PRODUCTS

Article 73.Slaughter of domestic animals

1. Slaughter of domestic animals must comply with the regulations on animal health, food safety and humane treatment of domestic animals.

2. Slaughterhouses must have records of origin of domestic animals, ensuring traceability of origin of slaughtered animals.

Article 74.Trading, preliminary processing and processing of animal husbandry products

1. Establishments trading in, preliminarily processing or processing animal husbandry products shall comply with the regulations on animal health, food safety and environmental protection.

2. Traded, preliminarily processed or processed animal husbandry products must be of clear and traceable origin.

3. Trading in animal husbandry products in areas where epidemics are announced must comply with the law on animal health.

4. It is prohibited to use animal husbandry product processing additives and aids that have expired or are not on the list of substances permitted for use or are on the list of substances permitted for use but of excessive contents; chemicals of unclear origin and chemicals banned from use in preliminary processing and processing of foods being animal husbandry products in accordance with law.

Article 75.Preservation of animal husbandry products

1. The preservation of animal husbandry products at preliminary processing or processing establishments or display-for-sale places and during transportation must comply with the laws on animal health, food safety and environmental protection.

2. It is prohibited to use animal husbandry product preservation additives and aids that have expired or are not on the list of substances permitted for use or are on the list of substances permitted for use but of excessive contents, chemicals of unclear origin and chemicals banned from use in preservation of animal husbandry products in accordance with law.

3. Expiry dates and technical regulations applicable to the preservation of animal husbandry products shall be clearly stated to users.

Article 76.Animal husbandry product market forecasts

1. Annually, the Ministry of Industry and Trade shall make forecasts of animal husbandry product market demands, the Ministry of Agriculture and Rural Development shall make forecasts of animal husbandry product supply sources; and publicize them on their bulletins and in the mass media.

2. The Ministry of Industry and Trade and Ministry of Agriculture and Rural Development shall update domestic animal husbandry product prices and markets on a weekly basis and international animal husbandry product prices and markets on a monthly basis to meet the state management requirements, and publicize updates on their bulletins and in the mass media.

Article 77.Export of domestic animals and animal husbandry products

1. Animal husbandry products and domestic animals not on the list of domestic animal breeds banned from export may be exported.

2. Dossiers and quality of exported domestic animals and animal husbandry products must follow requirements of importers and importing countries and comply with Vietnam’s law.

Article 78.Import of domestic animals and animal husbandry products

1. Imported domestic animals and animal husbandry products must have dossiers of origin, be of clear origin and satisfy food quality and safety standards and epidemic safety requirements prescribed by law.

2. Before being brought into the territory of the Socialist Republic of Vietnam through border gates under regulations, imported domestic animals and animal husbandry products must undergo quality, food safety and epidemic safety inspections in accordance with Vietnam’s law.

3. The Minister of Agriculture and Rural Development shall consider and decide on inspection of legal documents, enforcement system and conditions for production and trading of domestic animals and animal husbandry products in countries of origin 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 is carried out for mutual recognition purpose;

b/ Domestic animals and animal husbandry products are imported for the first time from their countries of origin;

c/ Risks to the quality, the environment, food safety or epidemic safety of animal husbandry products imported into Vietnam are detected;

d/ Animal husbandry products exposed to high food safety and epidemic safety risks are subject to inspection at their production or supply establishments in their countries of origin before their importation into Vietnam is permitted.

4. Imported animal husbandry products involved in violations of the laws on food quality and safety and epidemic safety shall be recalled and disposed of in accordance with law.

5. The Government shall detail Point d, Clause 3 of this Article and specifically prescribe the import of live domestic animals for use as food and specify border gates permitted to receive live domestic animals imported into Vietnam.

Chapter VII

STATE MANAGEMENT OF ANIMAL HUSBANDRY

Article 79.Responsibilities of the Government, ministries and ministerial-level agencies

1. The Government shall perform the unified state management of animal husbandry nationwide.

2. The Ministry of Agriculture and Rural Development shall act as the focal point assisting the Government in performing the state management of animal husbandry nationwide and has the following responsibilities:

a/ To formulate, and direct the implementation of, animal husbandry strategies, plans and schemes;

b/ To promulgate according to its competence or submit to competent authorities for promulgation and organize implementation of policies and legal documents on animal husbandry;

c/ To elaborate national standards and technical regulations on animal husbandry; to set out quality standards subject to compulsory declaration; to formulate and guide the process of good animal husbandry practices;

d/ To make animal husbandry statistics, baseline surveys and reports;

dd/ To conduct scientific research and apply high technologies, advanced technologies and new technologies;

e/ To formulate, and organize the implementation of, programs and plans on animal husbandry knowledge and skills training and refresher courses;

g/ To organize the provision of information, public communication, dissemination of, and education about the law on animal husbandry;

h/ To examine, inspect, settle complaints and denunciations, and handle violations of the law on animal husbandry according to its competence;

i/ To act as a focal point in undertaking international cooperation in animal husbandry.

3. Related ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of animal husbandry.

Article 80.Responsibilities of People’s Committees at all levels

1. Within the ambit of their tasks and powers, provincial-level People’s Committees have the following responsibilities:

a/ To perform the state management of animal husbandry in their localities;

b/ To promulgate according to their competence or submit to competent authorities for promulgation documents guiding or organizing the implementation of the law on animal husbandry in their localities; to elaborate and promulgate local technical regulations on animal husbandry;

c/ To formulate local animal husbandry development strategies in line with the national animal husbandry development strategy and local socio-economic development strategies;

d/ To build and organize zones for concentrated animal husbandry, production and processing of animal feed associated with waste treatment and environmental protection;

dd/ To direct and organize public communication and dissemination of and training in animal husbandry knowledge and law;

e/ To examine, inspect, settle complaints and denunciations, and handle violations according to their competence, and coordinate with other authorities in, handling violations of the law on animal husbandry in their localities;

g/ To allocate or lease land, clear grounds and ensure water sources for development of animal husbandry, grow plants for use as animal feed materials, and build concentrated slaughterhouses according to their competence; to grant, re-grant or revoke certificates of eligibility for animal husbandry for large-scale animal farms;

h/ To propose to provincial-level People’s Councils for decision inner areas of cities, towns and townships and residential areas where animal husbandry is prohibited, areas for edible-nest swiftlet farming, and policies on support for relocation of animal husbandry establishments from areas where animal husbandry is prohibited.

2. Within the ambit of their tasks and powers, district-level People’s Committees have the following responsibilities:

a/ To direct and organize the public communication and dissemination of and training in animal husbandry knowledge and law;

b/ To allocate or lease land and clear grounds according their competence for development of animal husbandry, and grow plants for use as animal feed materials;

c/ To organize the management and development of animal husbandry in their localities; to make statistics and evaluation and provide support for animal husbandry establishments to overcome damage caused by natural disasters or epidemics;

d/ To inspect, examine, settle complaints and denunciations, and handle violations of the law on animal husbandry in their localities.

3. Within the ambit of their tasks and powers, commune-level People’s Committees have the following responsibilities:

a/ To organize public communication and dissemination of and training in animal husbandry law;

b/ To organize the declaration of animal husbandry activities in their localities;

c/ To make statistics on animal husbandry establishments and households and animal feed production establishments in their localities.

Article 81.Responsibilities of the Vietnam Fatherland Front and its member organizations, socio-professional organizations and social organizations

1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their functions and tasks, organize the public communication and mobilization for the implementation of the policies and law on animal husbandry; give their opinions on draft laws and regulations, and participate in social oversight and criticism of animal husbandry in accordance with law.

2. Socio-professional organizations and social organizations shall give their opinions on draft laws and regulations in the fields in the animal husbandry sector and participate in animal husbandry activities in accordance with law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 82.Effect

1. This Law takes effect on January 1, 2020.

2. Ordinance No. 16/2004/PL-UBTVQH11 on Domestic Animal Breeds ceases to be effective on the effective date of this Law.

Article 83.Transitional provisions

1. Organizations and laboratories designated; and licenses, certificates and written certifications in animal husbandry granted before the effective date of this Law may continue operating or being used until their validity duration expires.

2. Animal husbandry establishments built and commencing operation before the effective date of this Law in the areas specified in Clause 1, Article 12 of this Law shall terminate their operation or be relocated to appropriate areas within 5 years from the effective date of this Law.

3. Animal husbandry establishments built and commencing operation before the effective date of this Law and failing to satisfy any animal husbandry conditions prescribed by this Law must satisfy such conditions within 5 years from the effective date of this Law.

This Law was passed on November 19, 2018, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 6^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN