Decree 13/2020/NĐ-CP – guiding the Animal Husbandry Law

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

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

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

The Government issues a Decree providing detailed guidance on the Law on Animal Husbandry.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This decree provides detailed guidance on Clause 4 Article 14, Clause 3 Article 19, Clause 3 Article 38, Clause 4 Article 39, Clause 5 Article 41, Clause 8 Article 43, Clause 5 Article 45, Clause 2 Article 52, Clause 4 Article 53, Clause 4 Article 58, Clause 2 Article 62, Clause 2 Article 63, Clause 4 Article 64, Clause 3 Article 67, Clause 2 Article 68, Clause 5 Article 78 of the Law on Animal Husbandry.

Article 2. Subjects of application

This decree applies to Vietnamese organizations and individuals as well as foreign organizations and individuals related to animal husbandry in the territory of Vietnam.

Supplementary provisions

Article 3. Interpretation of terms

In this decree, the following terms are understood as follows:

1. The main substances in complete mixed feed and concentrated feed are crude protein and total lysine; in complete mixed feed for pets, they are total protein; in other animal feeds, feed ingredients are the substances that determine the function and nature of the product, as announced by the manufacturer in the accompanying technical documents or on the product label.

2. Safety standards are indicators that specify the maximum allowable limits in animal feed so as not to negatively affect livestock, humans, and the environment. Safety standards in animal feed include: toxins, harmful microorganisms, heavy metals, and other indicators specified in the corresponding national technical standards and relevant legal regulations.

3. Livestock facilities are places where livestock are raised for growth and reproduction. Livestock facilities include: large-scale farms, medium-scale farms, small-scale farms; and household livestock farming.

4. Animal feed production facilities are establishments that carry out one or all activities of processing and manufacturing animal feed.

Amended and supplemented provisions:

5. Livestock unit coefficient is a constant applied to directly convert the number of livestock and poultry into livestock units.

Amended and supplemented provisions:

6. A loudspeaker is a sound device used to lure swiftlets, placed outside the exit and entrance of swiftlets.

7. A swiftlet house is a newly constructed or renovated building for raising swiftlets.

8. Artificial breeding of swiftlets is the activity of artificially incubating and raising swiftlets.

9. Swiftlet products are swiftlet nests, breeding eggs, and young swiftlets.

10. Livestock waste treatment products are products with physical, chemical, and biological properties used to treat livestock waste.

Amended and supplemented provisions:

Amended and supplemented provisions:

Article 4. General regulations on the implementation of administrative procedures in this Decree

1. Submission of dossiers for administrative procedures: Depending on the conditions for receiving and returning results of the administrative procedure-handling agency, organizations, and individuals may submit one dossier directly, by postal service, or via the network environment (national single-window mechanism, online public services, electronic software, email, fax).

Regulations on dossier submission are as follows:

a) In the case of submitting documents directly or via postal service: The components of the file must be the original or certified copies, or unverified copies accompanied by the original for comparison;

b) In the case of submitting documents online: The components of the file must be scanned or photographed from the original.

2. The response time for the completeness of the administrative procedure dossier:

a) In the case of direct submission of documents: At the time of receiving the dossier, the administrative procedure handling agency checks the components of the dossier and accepts the dossier with complete components; if the dossier is incomplete, it is returned to the organization or individual for supplementation and completion.

b) In the case of submitting dossiers via postal services or online: Within 03 working days from the date of receiving the dossier, the administrative procedure resolving agency shall consider its completeness; if the dossier is not complete as prescribed, the administrative procedure resolving agency shall notify the organization or individual to supplement and complete the dossier.

3. Method of paying fees and charges for administrative procedures: Organizations and individuals performing administrative procedures shall pay fees and charges in accordance with current regulations directly at the administrative procedure resolving agency or by bank transfer or through other services as prescribed by law.

4. Method of returning results of administrative procedures: The administrative procedure resolving agency shall return the results of administrative procedure resolution directly at the place of dossier submission or via postal services or online.

5. In cases where this Decree contains provisions different from the provisions in clauses 1, 2, 3, and 4 of this Article, those provisions shall be applied.

Amended and supplemented provisions:

6. If the dossier is in a foreign language, it must have a notarized Vietnamese translation.

7. Organizations and individuals are responsible for the legality of the submitted dossiers.

Chapter II. LIVESTOCK BREEDS

Amended and supplemented provisions:

Article 5. Regulations on the collection, preservation, exploitation, and development of livestock genetic resources

1. The investigation and collection of livestock genetic resources are regulated as follows:

a) The Ministry of Agriculture and Rural Development shall take the lead, in coordination with the Ministry of Natural Resources and Environment, the Ministry of Science and Technology, and relevant ministries and sectors, to organize the investigation, survey, collection, and preservation of newly discovered livestock genetic resources;

b) The Ministry of Agriculture and Rural Development shall establish an Appraisal Council to perform an initial assessment of the genetic resources, including their genetic nature and biological characteristics of newly discovered livestock genetic resources;

c) When discovering a new livestock genetic resource, organizations and individuals are not allowed to slaughter, trade, or destroy it. The provincial People's Committee where the new livestock genetic resource is discovered is responsible for implementing measures to preserve and protect the new livestock genetic resource and reporting to the Ministry of Agriculture and Rural Development;

d) Organizations and individuals are not allowed to export, research, or use the new livestock genetic resource together with foreign organizations or individuals before being appraised and evaluated by the Ministry of Agriculture and Rural Development.

2. The conservation of livestock genetic resources is regulated as follows:

a) Livestock genetic resource conservation activities must comply with the provisions of the law on biodiversity;

b) Based on the appraisal results, the Ministry of Agriculture and Rural Development selects livestock genetic resources that are different from the existing ones for conservation, to be included in the national gene bank program, researched, used for breeding, creation, reproduction activities, and updated in the National database on livestock genetic resources;

c) Annually, the Ministry of Agriculture and Rural Development prepares a plan for the conservation of livestock genetic resources.

3. The exploitation and development of livestock genetic resources are regulated as follows:

a) When there is production and market demand, livestock genetic resources are exploited and developed;

b) Livestock genetic resources brought into exploitation and development are removed from the list of conserved livestock genetic resources.

c) The Ministry of Agriculture and Rural Development shall take the lead, in coordination with competent agencies, in appraising and approving the exploitation and development of livestock genetic resources;

d) Organizations and individuals cooperating in research and accessing livestock genetic resources shall comply with the provisions of Decree No. 59/2017/NĐ-CP dated May 12, 2017, of the Government on the management of access to genetic resources and sharing of benefits from the use of genetic resources.

Article 6. List of livestock breeds in need of conservation

1. Livestock breeds included in the List of Livestock Breeds in Need of Conservation must meet one of the following criteria:

a) The number of individuals or the number of bloodline groups is small, leading to a high risk of inbreeding;

b) The number of individuals has declined by at least 50% according to observation or estimation in the last 5 years at the time of assessment, or is forecasted to decline by at least 50% in the next 5 years.

2. The list of livestock breeds that need to be conserved is prescribed in Appendix II attached to this Decree.

3. The updating of the list of livestock breeds that need to be conserved is carried out in accordance with the provisions of Article 8 of this Decree.

Article 7. List of livestock breeds prohibited from export

1. Livestock breeds included in the list of breeds prohibited from export must meet the following criteria:

a) Indigenous livestock breeds with precious and rare genetic resources;

b) Having uniqueness and being endemic to Vietnam.

2. The list of livestock breeds prohibited from export is prescribed in Appendix III attached to this Decree.

3. The updating of the list of livestock breeds prohibited from export is carried out in accordance with the provisions of Article 8 of this Decree.

Article 8. Updating the list of livestock breeds that need to be conserved, the list of livestock breeds prohibited from export

1. Annually, the Ministry of Agriculture and Rural Development shall review and prepare dossiers to update the list of livestock breeds that need to be conserved and the list of livestock breeds prohibited from export.

2. The file components include:

a) Results of review and evaluation on the list of livestock breeds that need to be conserved, the list of livestock breeds prohibited from export;

b) Application of organizations or individuals proposing livestock breeds to be added to or removed from the list of livestock breeds that need to be conserved, the list of livestock breeds prohibited from export (if any);

c) Information on the name of the breed and the distribution location of the livestock breed that needs to be included in or removed from the List of Livestock Breeds for Conservation, the List of Livestock Breeds Prohibited from Export;

d) A statement explaining the necessity of including or removing from the List of Livestock Breeds for Conservation, the List of Livestock Breeds Prohibited from Export.

3. The Minister of Agriculture and Rural Development shall establish a Council to appraise the dossier for updating the List of Livestock Breeds in Need of Conservation and the List of Livestock Breeds Prohibited from Export, consisting of the following members:

a) Ministry of Agriculture and Rural Development: Department of Animal Husbandry and relevant units;

b) Representative of the Ministry of Natural Resources and Environment;

c) Representative of the Ministry of Science and Technology;

d) Experts in the field of livestock breeds.

4. Based on the appraisal results, the Ministry of Agriculture and Rural Development shall submit to the Government for consideration and decision on the amendment and supplementation of the List of Livestock Breeds in Need of Conservation and the List of Livestock Breeds Prohibited from Export according to a simplified procedure.

Chapter III. ANIMAL FEED

Amended and supplemented provisions:

Article 9. Conditions for the production of animal feed

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

Production lines and equipment that come into contact with animal feed must be made of materials that are easy to clean, do not cause cross-contamination, and do not leach harmful substances from the equipment into the animal feed; the area for storing animal feed must be well-ventilated, have sufficient lighting for visual inspection, and have moisture control measures to avoid affecting the quality of the product; facilities producing microbial biomass must have equipment to create an environment, store, and culture microorganisms.

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

Feed production facilities must have measures to control contaminants (sand, metal, dust) that cause pollution in the product; have measures to control, prevent, and combat animals from entering production areas and product storage areas; have measures to prevent termites; have measures to collect and treat waste to avoid contaminating the product and ensure environmental hygiene; have measures for the protection and hygiene of workers and visitors in the production area.

Amended and supplemented provisions:

Article 10. Issuance, reissuance, and revocation of Certificates of Eligibility for Commercial Feed Production and Custom Feed Production

1. The competent authority for issuing, reissuing, and revoking Certificates of Eligibility for Commercial Feed Production and Custom Feed Production is prescribed as follows:

a) The Department of Animal Husbandry shall issue, reissue, or revoke the Certificate of Eligibility for Feed Production for feed supplement production facilities; facilities producing both feed supplements and other animal feed; and export feed production facilities upon the request of the importing party;

b) The Department of Agriculture and Rural Development shall issue, reissue, or revoke the Certificate of Eligibility for Feed Production for animal feed production facilities in the locality, except for the cases specified in point a of this clause.

2. The dossier for requesting the Certificate of Eligibility for Feed Production includes:

a) The application for the Certificate of Eligibility for Feed Production according to Form No. 01.TACN Appendix I issued together with this Decree;

b) The production conditions explanatory report according to Form No. 02.TACN Appendix I issued together with this Decree;

c) The quality control process of the production facility according to Form No. 03.TACN Appendix I issued together with this Decree;

d) A summary of the feed production process for traditional feed production facilities and single ingredients.

3. The order and procedures for granting a Certificate of Eligibility for the production of commercial feed and order-based feed are prescribed as follows:

a) Organizations and individuals submit the dossiers specified in Clause 2 of this Article to the competent authority prescribed in Clause 1 of this Article;

b) For facilities producing complete compound feed, concentrated feed, and supplementary feed:

Within 10 working days from the date of receiving a complete dossier, the competent authority shall appraise the content of the dossier.

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

In case the dossier meets the requirements, within 20 working days, the competent authority shall establish a team to assess the actual conditions of the feed production facility according to the content specified in Clause 2, Article 11 of this Decree and prepare the Minutes according to Form No. 05.TACN Appendix I issued together with this Decree.

In the case that the facility does not meet the conditions, within 06 months from the date of drawing up the evaluation minutes, the organization or individual must rectify and send a written report on the rectification results to the competent authority for appraisal and reassessment of actual conditions (if necessary).

In the case that the facility meets the conditions, within 05 working days from the date of completion of the actual condition evaluation, the competent authority shall issue the Certificate of eligibility for animal feed production according to Form No. 06.AN Feed Appendix I issued together with this Decree; in case of refusal, a written response must be provided clearly stating the reasons.

c) For facilities producing (manufacturing, preliminary processing, processing) traditional animal feed for commercial purposes, based on orders:

Within 10 working days from the date of receiving a complete dossier, the competent authority shall evaluate the content of the dossier; if the dossier meets the requirements, the competent authority shall issue a Certificate of Eligibility for Livestock Feed Production according to Form No. 06.TACN Appendix I issued together with this Decree; in case of refusal, a written response must be provided stating the reasons;

d) In case the importing country requires an assessment of actual conditions to issue the Certificate of Eligibility for Livestock Feed Production, the competent authority shall carry out the procedures according to point b of this clause.

4. The dossier for re-issuance of the Certificate of Eligibility for Livestock Feed Production includes:

a) An application for re-issuance of the Certificate of Eligibility for Livestock Feed Production according to Form No. 01.TACN Appendix I issued together with this Decree;

b) Documents proving the content of changes in cases of changing information related to organizations or individuals (name of the facility, name of the address of the production facility, address of the headquarters) in the Certificate.

5. The procedures for re-issuing the Certificate of Eligibility for Animal Feed Production are regulated as follows:

a) Organizations or individuals submit the dossiers specified in Clause 4 of this Article to the competent authority specified in Clause 1 of this Article;

b) Within 05 working days from the date of receiving a complete and valid dossier, the competent authority shall re-issue the Certificate of Eligibility for Animal Feed Production according to Form No. 06.TACN Appendix I attached to this Decree; in case of refusal, the authority must respond in writing and clearly state the reasons.

6. In the case that an establishment has been granted a Certificate of Eligibility for Feed Production but changes the location of the production facility, the organization or individual must carry out procedures in accordance with the provisions of clause 3 of this Article.

7. Revocation of the Certificate of Eligibility for Feed Production:

The competent authority specified in clause 1 of this Article shall handle administrative violations, issue a decision to revoke the Certificate of Eligibility for Feed Production, and announce it via mass media in the following cases:

a) Establishments falling under the cases specified in points a and c, clause 3, Article 39 of the Law on Animal Husbandry;

b) Establishments that no longer meet the conditions specified in clause 1, Article 38 of the Law on Animal Husbandry and Article 9 of this Decree but do not rectify them within the committed time frame with the competent authority.

8. Traditional livestock feed production facilities (production, preliminary processing, processing) for commercial purposes in households or business households are not required to obtain a Certificate of Eligibility for Livestock Feed Production.

9. Costs serving the evaluation activities for granting or re-granting the Certificate of Eligibility for Livestock Feed Production, and monitoring evaluations to maintain eligible conditions for livestock feed production, shall be paid by the organizations or individuals registering, in accordance with the laws on fees and charges.

Amended and supplemented provisions:

Article 11. Evaluation of actual conditions for livestock feed production

1. The evaluation of actual conditions for livestock feed production includes:

a) Evaluation of conditions for granting the Certificate of Eligibility for Livestock Feed Production;

b) Evaluation and monitoring to maintain the conditions for livestock feed production.

2. The content of the evaluation of livestock feed production conditions is prescribed in Form No. 04.TACN Appendix I issued together with this Decree.

3. The competent state agency specified in Clause 1, Article 10 of this Decree shall establish a team to evaluate the actual conditions of the animal feed production facility. The evaluation team includes a team leader and members who meet the following requirements:

a) For the team leader: Must be a department-level leader or higher, or a public servant with at least 5 years of experience in state management of animal feed;

b) For the members: At least one member must have been trained in evaluating the actual conditions of animal feed production by the Department of Animal Husbandry; at least one member must have a university degree or higher in the field of animal husbandry.

4. The evaluation of the actual conditions of an animal feed production facility involves on-site observation; review and consultation of documents and records; and other related activities.

5. The frequency of monitoring evaluations to maintain animal feed production conditions is specified as follows:

a) The frequency of supervisory assessments to maintain feed production conditions is once every 24 months. For establishments specified in point c, clause 3, Article 10 of this Decree, the first supervisory assessment shall be conducted within 12 months from the date of issuance of the Certificate of Eligibility for feed production;

b) In the case of feed production establishments that have been granted a Quality Management System (ISO), Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP) certificate, or an equivalent certificate, supervisory assessments shall be conducted with a frequency of once every 36 months;

c) In cases where facilities are found to show signs of violating the law on animal feed, the competent authority shall conduct inspections and sudden monitoring evaluations.

Article 12. Animal feed containing antibiotics

1. The criteria for certain types of young animals to use animal feed containing antibiotics for disease prevention are as follows:

a) Piglets weighing up to 25 kg or from birth to 60 days old;

b) Chickens, ducks, geese, quails from 01 to 21 days old;

c) Rabbits from birth to 30 days old;

d) Calves and young buffaloes from birth to 06 months old.

2. Antibiotics are only allowed to be used in the production of complete compound feed for livestock and poultry and concentrated feed for grazing livestock.

3. The use of antibiotics for disease prevention in animals is regulated as follows:

a) Veterinary drugs containing antibiotics belonging to the group of critically important antibiotics in human medicine according to the recommendations of the World Health Organization (WHO) that have been licensed for circulation for the purpose of disease prevention in animals are allowed to be circulated and used until December 31, 2020;

b) Veterinary drugs containing antibiotics belonging to the group of highly important antibiotics in human medicine according to the recommendations of the World Health Organization (WHO) that have been licensed for circulation for the purpose of disease prevention in animals are allowed to be circulated and used until December 31, 2021;

c) Veterinary drugs containing antibiotics belonging to the group of important antibiotics in human medicine according to the recommendations of the World Health Organization (WHO) that have been licensed for circulation for the purpose of disease prevention in animals are allowed to be circulated and used until December 31, 2022;

d) Veterinary drugs containing antibiotics not specified in points a, b, and c of this clause that have been licensed for circulation for the purpose of disease prevention in livestock are allowed to circulate and be used until December 31, 2025.

4. The Ministry of Agriculture and Rural Development shall announce the list of antibiotics specified in points a, b, and c of clause 3 of this Article.

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

1. Licensing authority:

The Department of Animal Husbandry is the agency responsible for granting permits for the import of animal feed not yet announced on the electronic information portal of the Ministry of Agriculture and Rural Development for introduction at fairs, exhibitions, adaptive breeding, research, testing, laboratory sample analysis, or for production and processing for the purpose of export.

2. The dossier for importing animal feed for introduction at fairs and exhibitions includes:

a) Application for importing animal feed for introduction at fairs and exhibitions according to Form No. 07.TACN Appendix I issued together with this Decree;

b) Official document proving the organization or participation in fairs and exhibitions in Vietnam.

3. The dossier for importing animal feed for adaptation farming includes:

a) Application for importing animal feed for adaptation farming according to Form No. 07.TACN Appendix I issued together with this Decree;

b) Declaration of the registered facility regarding the type, quantity of adapted livestock, duration of farming, location of farming, and purpose of farming.

4. The dossier for importing animal feed for research and testing purposes includes:

a) Application for importing animal feed for research or trial purposes according to Form No. 07.TACN Appendix I issued together with this Decree;

b) Research or trial outline according to Form 08.TACN Appendix I issued together with this Decree.

5. Documents for importing animal feed for analysis at the testing laboratory include:

a) Application for importing animal feed for analysis at the testing laboratory according to Form No. 07.TACN Appendix I issued together with this Decree;

b) Written agreement on the use of analysis services between one party being the testing laboratory or domestic enterprise and the other party being the testing laboratory or enterprise or the authority on animal feed of the exporting country, including a commitment that the imported product samples are not used for commercial activities.

6. Documents for importing animal feed for production or processing for export purposes include:

a) Application for importing animal feed for production and processing for the purpose of export according to Form No. 07.TACN Appendix I issued with this Decree;

b) Contract for the production and processing of animal feed for the purpose of export in accordance with the provisions of Vietnamese law on the import of goods for production and processing for the purpose of export.

7. The order and procedures for granting an import license for animal feed that has not been publicly announced on the electronic information portal of the Ministry of Agriculture and Rural Development are regulated as follows:

a) Organizations and individuals send the dossier according to the import purpose specified in Clauses 2, 3, 4, 5, or 6 of this Article to the Department of Animal Husbandry.

b) Within 15 working days from the date of receiving a complete and valid dossier, the Department of Animal Husbandry shall issue an import permit for animal feed according to Form No. 09.TACN Appendix I attached to this Decree; in case of refusal, a written response must be provided stating the reasons.

Amended and supplemented provisions:

Article 14. Assessment to recognize the testing methods of the export country's laboratory

1. The animal feed testing methods of the export country's laboratory are recognized by the Department of Animal Husbandry when the following conditions are met:

a) Recognized by a national accreditation body or an international accreditation organization for a quality management system that meets the international ISO/IEC 17025 standard, or designated and recognized by the competent state authority in the export country, including the scope of recognition for animal feed or food;

b) Equipped with machinery, equipment, and tools suitable for the testing method and the international standard ISO/IEC 17025;

c) Have a feed testing method that has been evaluated and validated for its usability.

2. Organizations and individuals importing feed who wish to have the testing method of the exporting country's laboratory recognized must submit a registration dossier to the Department of Animal Husbandry. The dossier includes:

a) Application for recognition of the feed testing method of the exporting country's laboratory according to Form No. 10.Feed Annex I issued together with this Decree;

b) Certificate of the testing laboratory of the exporting country recognized as having a quality management system compliant with the international standard ISO/IEC 17025 or a document of designation or recognition from the competent authority of the exporting country.

c) List of machinery and testing equipment suitable for the testing method, including the following information: Name of machinery and equipment; date of put into use and date of inspection, calibration, accompanied by a valid inspection and calibration certificate provided by the testing laboratory of the exporting country;

d) Testing procedures and dossiers for appraisal and validation of the applicability of the testing method on feed sample matrices provided by the testing laboratory of the exporting country;

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

Amended and supplemented provisions:

3. The procedure for recognition of feed testing methods by the testing laboratory of the exporting country is regulated as follows:

Within 30 days from the date of receiving a complete dossier, the Directorate of Animal Husbandry shall appraise the dossier and organize an on-site evaluation at the testing laboratory (if necessary). In case the appraisal and evaluation results meet the requirements, the Directorate of Animal Husbandry shall issue a decision to recognize the feed testing methods of the exporting country's laboratory; in case of refusal, a written response must be provided with clear reasons.

The recognition decision is valid for a maximum of 3 years.

Amended and supplemented provisions:

4. The composition of the on-site evaluation team at the testing laboratory includes: the Directorate of Animal Husbandry, relevant units, and technical experts.

Amended and supplemented provisions:

Article 15. Evaluation for the recognition of trial procedures and accreditation of feed from the exporting country

1. Organizations and individuals importing animal feed that are subject to testing according to the provisions of Clause 2, Article 37 of the Law on Animal Husbandry, and who wish to have the testing procedures and animal feed of the exporting country recognized, shall submit one set of dossiers to the Department of Animal Husbandry. The dossiers include:

a) An application for recognition of the testing procedures and approval of animal feed from the exporting country according to Form No. 11.TACN in Appendix I issued together with this Decree;

b) A description of the capabilities of the animal feed testing facility as stipulated in Clause 3, Article 37 of the Law on Animal Husbandry, provided by the testing facility of the exporting country;

c) The animal feed testing procedures according to the contents prescribed in Form 08.TACN in Appendix I issued together with this Decree, provided by the testing facility of the exporting country;

d) Report the results of animal feed trials according to the contents in the trial procedure and other relevant technical documents provided by the trial facility of the exporting country.

Amended and supplemented provisions:

2. The procedure for recognizing trial procedures and approving animal feed from the exporting country is regulated as follows:

Within 30 days from the date of receiving a complete dossier, the Department of Animal Husbandry shall appraise the dossier and organize an evaluation in the exporting country (if necessary). In case the appraisal and evaluation results meet the requirements, the Department of Animal Husbandry shall issue a decision to recognize the trial procedure and approve the animal feed of the exporting country; in case of refusal, a written response must be given clearly stating the reasons.

Amended and supplemented provisions:

3. The composition of the evaluation team includes: the Department of Animal Husbandry, relevant units, and technical experts.

Article 16. Inspection of animal feed in the exporting country

1. When detecting risks affecting the quality, food safety, and epidemic safety of feed imported into Vietnam, the Department of Animal Husbandry shall coordinate with relevant units to establish an inspection team in the exporting country.

2. Inspection content: Relevant legal documents, enforcement organizational system, feed production conditions, and testing laboratories.

3. Based on the inspection results, the Department of Animal Husbandry shall issue decisions on handling measures for inspection results for each specific case.

Article 17. State inspection of the quality of feed produced and circulated domestically

1. Inspection agencies:

a) The Department of Animal Husbandry conducts inspections nationwide;

b) The Department of Agriculture and Rural Development conducts inspections locally.

2. Inspection content:

a) State inspection of the quality of commercial feed produced and circulated domestically: Conducted according to the provisions specified in Clause 2, Article 43 of the Law on Animal Husbandry;

b) State inspection of the quality of recalled or returned animal feed: Inspect the conformity of the indicators declared in the applied standards, the safety indicators stipulated in the corresponding national technical regulations, and other relevant regulations. In case the inspection results are non-compliant, organizations and individuals must handle the animal feed in accordance with the provisions of Article 20 of this Decree.

Amended and supplemented provisions:

Amended and supplemented provisions:

Article 18. State inspection of imported animal feed quality

1. Inspection authority: Ministry of Agriculture and Rural Development.

2. Inspection measures are stipulated as follows:

a) For traditional animal feed, complete compound feed: State inspection of quality based on the results of self-assessment of conformity by organizations or individuals, or the certification results of a registered certification body, or the certification results of a designated certification body for conformity certification in the field of animal feed as prescribed by law.

In the case where traditional animal feed or complete compound feed is found to be of substandard quality during market circulation, posing safety risks to humans, livestock, or the environment, or in cases of complaints or denunciations regarding quality or production activities, state quality inspection is conducted based on the certification results from a designated certification organization recognized for conformity in the field of animal feed. The inspection authority is responsible for recording the inspection measures on the Quality Confirmation Inspection Registration Certificate for imported animal feed for traditional animal feed and complete compound feed falling under this case;

b) For animal feed products not falling under the case specified in point a of this clause: State quality inspection is based on the certification results from a designated certification organization recognized for conformity in the field of animal feed;

c) For imported batches of animal feed that have quality indicators and safety indicators tested at testing laboratories in the exporting country, in accordance with the provisions of Clause 1, Article 14 of this Decree, the test results of those indicators are recognized when conducting state inspection of the quality of imported animal feed.

3. The dossier for registering state inspection of the quality of imported animal feed includes:

a) Registration form for inspection to confirm the quality of imported animal feed according to Form No. 12.TACN Appendix I issued together with this Decree;

b) Purchase contract; packing list; sales invoice; quality analysis result certificate issued by the exporting country for the shipment (Certificate of Analysis); product label from the manufacturing facility; applicable announced standard of the importing organization or individual;

c) Certificate of free sale or an equivalent document issued by the competent authority of the country of origin for single ingredients and traditional feed;

d) One of the following documents: Quality management system certificate (ISO), Good Manufacturing Practice certificate (GMP), Hazard Analysis and Critical Control Points certificate (HACCP), or an equivalent certificate from the manufacturing facility for single ingredients.

The dossier components specified in points b, c, and d of this clause in English do not need to be accompanied by a Vietnamese translation.

Amended and supplemented provisions:

4. The procedure for state inspection of the quality of imported animal feed shall be implemented in accordance with the provisions of Decree No. 74/2018/NĐ-CP dated May 15, 2018, of the Government amending and supplementing a number of articles of Decree No. 132/2008/NĐ-CP dated December 31, 2008, of the Government detailing the implementation of certain articles of the Law on Product and Goods Quality (hereinafter referred to as Decree No. 74/2018/NĐ-CP); Decree No. 154/2018/NĐ-CP dated November 9, 2018, of the Government amending, supplementing, and abolishing certain regulations on investment and business conditions in the field of state management of the Ministry of Science and Technology and some regulations on specialized inspection (hereinafter referred to as Decree No. 154/2018/NĐ-CP).

Amended and supplemented provisions:

5. The exemption and reduction of state inspection of the quality of imported animal feed are regulated as follows:

a) The exemption and reduction of state inspection on the quality of imported animal feed shall be implemented according to the provisions in Clause 3, Article 1 of Decree No. 74/2018/NĐ-CP and Clause 3, Article 4 of Decree No. 154/2018/NĐ-CP.

The duration of the exemption and reduction of state inspection on the quality of imported animal feed is 01 year;

b) During the period of exemption and reduction, organizations and individuals must update the information of imported animal feed batches on the National Single Window Portal of the Ministry of Agriculture and Rural Development before carrying out customs procedures.

The self-updating dossier includes the dossier components prescribed in Clause 3 of this Article and the document certifying that the product is subject to exemption and reduction of state inspection on the quality of imported animal feed issued by the inspection agency.

Immediately after completing the update of information on imported animal feed shipments, organizations and individuals can proceed with customs clearance of the shipment and are responsible for the documentation and product quality themselves;

c) The evaluation and supervision of animal feed shipments exempted from state quality inspection shall be carried out in accordance with the provisions in Clause 3, Article 1 of Decree No. 74/2018/NĐ-CP and Clause 3, Article 4 of Decree No. 154/2018/NĐ-CP.

Article 19. Handling the test results on animal feed quality

1. The test results on animal feed quality are the results of product sample tests conducted by the designated testing laboratory after calculating the test result variability as prescribed in Appendix IV issued together with this Decree.

Amended and supplemented provisions:

2. The testing of animal feed samples for state management purposes must be conducted before the product batch being sampled reaches its expiration date.

3. Procedures for handling test results of substandard animal feed quality:

a) Within 03 working days from the date of receiving the test results, the inspection agency shall notify the organization or individual of the test results by postal service or via the online environment;

b) Within 07 working days from the date of receiving the notification, if the organization or individual has no complaint regarding the test results, the inspection agency shall handle the violation in accordance with the provisions of law.

4. Resolving complaints regarding test results of animal feed quality:

a) In case of disagreement with the test results, organizations or individuals have the right to file a written complaint to the inspection agency.

The inspection agency uses the retained sample or re-collects the sample (when necessary) to test the complained indicators at a laboratory different from the initial testing laboratory. This test result serves as the basis for making the final conclusion;

b) In the case where an organization or individual complains about the test results conducted by the only designated laboratory in Vietnam, the inspection agency may send the sample to a laboratory abroad that is recognized by an international or regional organization or is acknowledged by the Department of Animal Husbandry. These test results serve as the basis for making the final conclusion;

c) In the case of a batch of goods with disputed test results that has expired, the initial test result shall be the basis for making the final conclusion;

d) The costs for resolving complaints about test results shall be borne by the organization or individual in accordance with the law.

Article 20. Handling substandard animal feed

1. Substandard animal feed shall be handled by one or several of the following measures:

a) Forced re-export: Organizations or individuals with animal feed that violates quality standards and are subject to re-export measures must carry out re-export procedures in accordance with customs law, other relevant legal regulations, and submit the re-export dossier to the state inspection agency for animal feed quality;

b) Forced destruction: Organizations or individuals with animal feed that violates quality standards and are subject to destruction measures must sign a contract with an organization or individual authorized to destroy violating goods. The contract must clearly state the destruction measures for the state inspection agency for animal feed quality to supervise;

c) Mandatory recycling: Organizations and individuals with animal feed that violates quality standards and are subject to recycling measures must carry out recycling of the product according to a plan in compliance with legal regulations, ensuring that the product after recycling meets the quality standards announced and the corresponding national technical regulations; they must report the plan and the recycling results to the state inspection agency for animal feed quality for monitoring if necessary;

d) Mandatory change of use: Organizations and individuals with animal feed that violates quality standards and are subject to a measure of changing its use must change the product's use according to a plan in compliance with legal regulations; they must report the plan and the results of changing the use to the state inspection agency for animal feed quality for monitoring if necessary;

d) Requirement to correct information: Organizations or individuals whose animal feed violates quality standards and are subject to information correction measures must correct the product information according to the actual inspection results on the label or accompanying documents before the product is circulated in the market or before use.

2. Supervision of the destruction of animal feed that violates quality standards is regulated as follows:

a) The Department of Agriculture and Rural Development shall supervise the destruction of animal feed that violates quality standards within the locality, prepare a supervision record as prescribed in point b of this clause within its authority, and supervise upon request of the inspection agency under the Ministry of Agriculture and Rural Development;

b) The minutes of monitoring the destruction of substandard animal feed must include the following information: Legal basis, reason; time, location; participants; name, type, origin, source, quantity, current condition of the product; disposal measures and other necessary contents.

The destruction monitoring record must be confirmed by representatives of the participating monitoring parties and the organization or individual whose products are being destroyed.

3. Organizations and individuals with animal feed that violates quality standards and are subjected to measures prescribed in Clause 1 of this Article shall bear all costs related to the handling.

4. In the case of ownerless animal feed, the provincial People's Committee shall organize the handling and allocate funding for the process.

Chapter IV. LIVESTOCK RAISING CONDITIONS

Article 21. Livestock Raising Scale

Amended and supplemented provisions:

1. The principles for determining the scale of livestock raising are prescribed as follows:

a) The scale of livestock and poultry farming is determined by the number of livestock units at the farming facility at the same time;

b) The scale of farming other types of animals is determined by the number of animals at the farming facility at the same time;

c) In the case of a mixed farming facility including livestock, poultry, and other animals, the scale of farming includes the total number of livestock units of livestock and poultry, and the number of each type of other animals.

Amended and supplemented provisions:

2. The scale of livestock and poultry farming is regulated as follows:

a) Large-scale farm livestock raising: From 300 livestock units or more;

b) Medium-scale farm livestock raising: From 30 to under 300 livestock units;

c) Small-scale farm livestock raising: From 10 to under 30 livestock units;

d) Household livestock raising: Under 10 livestock units.

3. Management of livestock raising scale is regulated as follows:

a) Large-scale farm livestock raising is managed according to the provisions in Articles 23 and 24 of this Decree;

Amended and supplemented provisions:

b) Medium- and small-scale farm livestock raising must meet the conditions stipulated in Clause 1, Article 55, and Clause 2, Article 57 of the Law on Livestock.

In cases of violations, medium-scale and small-scale farm livestock establishments must commit to remediate, ensuring livestock farming conditions within 06 months from the date the violation is detected and send a report on the remediation results to the Department of Agriculture and Rural Development in the area. The Department of Agriculture and Rural Development conducts an on-site inspection of the remediation results if necessary.

The Department of Agriculture and Rural Development is responsible for inspecting the livestock farming conditions of medium-scale and small-scale farm livestock establishments. The inspection frequency is once every 03 years;

c) Household livestock farming must comply with the requirements specified in Article 56 and Clause 2 of Article 57 of the Law on Animal Husbandry.

4. The livestock unit coefficient is specified as follows:

a) Livestock unit coefficients used as the basis for converting the number of livestock into livestock units;

b) Livestock unit coefficient, the formula for converting the number of livestock into livestock units as prescribed in Appendix V issued together with this Decree.

5. In case it is necessary to amend or supplement the scale of livestock farming or the livestock unit coefficient, the Ministry of Agriculture and Rural Development shall submit to the Government for consideration and decision on the amendment or supplementation according to the simplified procedure.

Article 22. Livestock density for regions

1. The agricultural land area used as a basis to determine livestock density includes the total area of all types of agricultural land according to the provisions of the land law.

2. Provinces and centrally governed cities are defined into regions as follows to determine livestock density:

a) The Red River Delta region comprises the provinces and cities: Hanoi, Vinh Phuc, Bac Ninh, Quang Ninh, Hai Duong, Hai Phong, Hung Yen, Thai Binh, Ha Nam, Nam Dinh, Ninh Binh;

b) The midland and northern mountainous region includes the provinces: Hà Giang, Cao Bằng, Bắc Kạn, Tuyên Quang, Lào Cai, Yên Bái, Thái Nguyên, Lạng Sơn, Bắc Giang, Phú Thọ, Điện Biên, Lai Châu, Sơn La, Hòa Bình;

c) The North Central and central coastal region includes the provinces and cities: Thanh Hóa, Nghệ An, Hà Tĩnh, Quảng Bình, Quảng Trị, Thừa Thiên Huế, Đà Nẵng, Quảng Nam, Quảng Ngãi, Bình Định, Phú Yên, Khánh Hòa, Ninh Thuận, Bình Thuận;

d) The Central Highlands region includes the provinces: Kon Tum, Gia Lai, Đắk Lắk, Đắk Nông, Lâm Đồng;

dd) The Southeast region includes the provinces and cities: Bình Phước, Tây Ninh, Bình Dương, Đồng Nai, Bà Rịa - Vũng Tàu, Ho Chi Minh City;

e) The Mekong Delta region includes the provinces and cities: Long An, Tiền Giang, Bến Tre, Trà Vinh, Vĩnh Long, Đồng Tháp, An Giang, Kiên Giang, Cần Thơ, Hậu Giang, Sóc Trăng, Bạc Liêu, Cà Mau.

3. The livestock density for a region applied to the localities within each region is specified in Appendix VI issued together with this Decree.

4. Based on the livestock development strategy, livestock technology, and ecological environment, the provincial People's Committee shall decide the local livestock density but shall not exceed the regional livestock density specified in Clause 3 of this Article.

5. In case it is necessary to amend or supplement the livestock density of the regions, the Ministry of Agriculture and Rural Development shall submit to the Government for consideration and decision on amendments and supplements according to a streamlined procedure.

Article 23. Issuance, re-issuance, and revocation of the Certificate of Eligibility for Livestock Farming for large-scale farm livestock

1. The competent authority for issuing, re-issuing, and revoking the Certificate of Eligibility for Livestock Farming for large-scale farm livestock is stipulated as follows:

a) The Department of Agriculture and Rural Development shall issue, re-issue, and revoke the Certificate of Eligibility for Livestock Farming for large-scale farm livestock in the locality;

b) In the case of large-scale farm animal husbandry establishments located in areas spanning two or more provinces, the Department of Agriculture and Rural Development where the organization or individual registers the investment procedure shall issue, re-issue, or revoke the Certificate of Eligibility for Livestock Farming for large-scale farm animal husbandry.

2. The dossier for requesting the Certificate of Eligibility for Livestock Farming for large-scale farm animal husbandry includes:

a) Application for the Certificate of Eligibility for Livestock Farming for large-scale farm animal husbandry according to Form No. 01.DKCN Appendix I issued together with this Decree;

b) Explanatory report on livestock farming conditions according to Form No. 02.DKCN Appendix I issued together with this Decree.

3. The procedures for issuing the Certificate of Eligibility for Livestock Farming for large-scale farm animal husbandry are prescribed as follows:

a) Organizations and individuals submit the dossiers specified in Clause 2 of this Article to the competent authority prescribed in Clause 1 of this Article;

b) Within 10 working days from the date of receipt of a complete dossier, the competent authority shall appraise the contents of the dossier.

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

In cases where the dossier meets the requirements, within 20 working days, the competent authority shall establish a team to assess the actual conditions of the livestock facility in accordance with the provisions of Article 24 of this Decree.

In the case that the facility does not meet the conditions, within 06 months from the date of drawing up the evaluation minutes, the organization or individual must rectify and send a written report on the rectification results to the competent authority for appraisal and reassessment of actual conditions (if necessary).

If the facility meets the conditions, within 5 working days from the date of completion of the actual condition assessment, the competent authority shall issue a Certificate of Livestock Eligibility according to Form No. 05.ĐKCN in Appendix I issued together with this Decree; in case of refusal, a written response must be provided clearly stating the reasons.

4. The dossier for requesting reissuance of the Certificate of Satisfactory Livestock Conditions for large-scale farm livestock includes:

a) Application for reissuance of the Certificate of Satisfactory Livestock Conditions for large-scale farm livestock according to Form No. 01.ĐKCN Appendix I issued together with this Decree;

b) Documents proving the content changes in case of changes in information related to organizations or individuals in the Certificate;

c) The Certificate of Satisfactory Livestock Conditions that has been issued, except in cases where the Certificate is lost.

5. The procedures for reissuing the Certificate of Satisfactory Livestock Conditions for large-scale farm livestock are regulated as follows:

a) Organizations or individuals submit the dossiers specified in Clause 4 of this Article to the competent authority specified in Clause 1 of this Article;

b) Within 5 working days from the date of receiving a complete and valid dossier, the competent authority shall re-issue the Certificate of Animal Husbandry Eligibility for large-scale farm animal husbandry using Form No. 05.DKCN, Appendix I issued together with this Decree; in case of refusal, a written response must be provided stating the reasons.

6. The competent authority specified in Clause 1 of this Article shall handle administrative violations, issue a Decision to revoke the Certificate of Animal Husbandry Eligibility for large-scale farm animal husbandry, and notify the Department of Animal Husbandry and the media in the following cases:

a) The animal husbandry establishment falls under the cases specified in points a and c, Clause 3, Article 58 of the Animal Husbandry Law;

b) The animal husbandry establishment no longer meets the conditions stipulated in Clause 1, Article 55 of the Animal Husbandry Law but fails to remediate within the committed timeframe to the competent authority.

7. The funds for activities of assessment for granting or re-granting the Certificate of Sufficient Breeding Conditions, and for monitoring the maintenance of breeding conditions for large-scale farm breeding, shall be implemented in accordance with the law on fees and charges.

Article 24. Assessment of conditions for large-scale farm breeding

1. The content of assessment for granting the Certificate of Sufficient Breeding Conditions for large-scale farm breeding establishments includes:

a) Evaluation of the registration dossier;

b) Assessment of the actual conditions of the breeding establishment regarding compliance with the provisions of Clause 1, Article 55 of the Law on Animal Husbandry, implemented according to the instructions specified in Form No. 03.ĐKCN, and recording the evaluation minutes according to Form No. 04.ĐKCN Appendix I issued together with this Decree.

2. The competent authority specified in Clause 1, Article 23 of this Decree shall establish an evaluation team to assess the actual conditions of large-scale farm breeding establishments. The composition of the evaluation team includes:

a) The head of the evaluation team must be a department-level leader or an official with at least 5 years of experience in the livestock sector;

b) There must be at least 1 member trained in evaluating livestock facility conditions organized by the Department of Livestock;

c) There must be at least 1 member with a university degree or higher in the field of livestock.

3. The content of monitoring and evaluation of maintaining livestock conditions for large-scale farm livestock facilities includes:

a) Assessing the maintenance of actual conditions of livestock facilities prescribed in Clause 1, Article 55 of the Law on Livestock;

b) Assessing the fulfillment of obligations of livestock facilities prescribed in Clause 2, Article 57 of the Law on Livestock.

Amended and supplemented provisions:

4. The frequency of monitoring and evaluating the maintenance of livestock conditions for large-scale farm livestock is once every 24 months.

In cases where a facility is found to show signs of violating livestock farming conditions, the competent authority specified in Clause 5 of this Article shall conduct an unexpected evaluation and supervision.

5. The Department of Agriculture and Rural Development evaluates and supervises the maintenance of livestock farming conditions for large-scale farm livestock facilities in the area.

If necessary, the Department of Animal Husbandry shall take the lead, in coordination with the Department of Agriculture and Rural Development, to evaluate and supervise the maintenance of livestock farming conditions for large-scale farm livestock facilities in the locality.

Article 25. Management of swiftlet farming

1. Regulations on swiftlet farming areas:

a) Swiftlet farming areas are decided by the provincial People's Council upon the proposal of the provincial People's Committee;

b) Swiftlet farming areas must ensure they are suitable for the activity behavior of swiftlets, conform to the socio-economic conditions of the locality, and do not negatively affect the lives of residents in the swiftlet farming area.

2. Regulations for swiftlet breeding facilities:

a) The swiftlet house and equipment used for swiftlet farming must ensure compatibility with the activity habits of swiftlets.

In cases where the swiftlet house was operating prior to the effective date of this Decree but does not meet the provisions specified in point a, clause 1 of this Article, it must remain in its current state and cannot be expanded;

b) Have sufficient water sources ensuring quality for swiftlet farming activities, and have environmental protection measures in accordance with the provisions of the law on environmental protection;

c) Have records of information on swiftlet farming activities, processing, and preserving bird's nests to ensure traceability of the origin of bird's nest products;

d) Sound-emitting devices used to attract swiftlets must have a sound intensity measured at the speaker mouth not exceeding 70 dBA (A-weighted decibels); the broadcasting time to attract swiftlets is from 5:00 to 11:30 and from 13:30 to 19:00 every day, except in cases specified in point đ of this clause;

d) In cases where swiftlet houses were operational before the effective date of this Decree but do not meet the requirements in point a, clause 1 of this Article, and the swiftlet house is located in a residential area, or less than 300 meters from a residential area, the use of broadcasting speakers is not allowed;

e) Do not hunt; do not attract swiftlets for purposes other than raising them for edible nest harvesting or scientific research.

3. Organizations and individuals involved in the harvesting, preliminary processing, and preservation of swiftlet nests must comply with the following requirements:

a) Issue and adhere to technical procedures for harvesting, preliminary processing, and preserving swiftlet nests;

b) The area, house, and workshop serving the preliminary processing and storage of bird's nests must be located away from sources of pollution, meeting the requirements for epidemic safety hygiene and food safety;

c) There must be appropriate preventive and treatment measures to ensure that harmful organisms do not enter the bird's nest processing and storage area;

d) The water used in bird's nest processing must meet the standards for domestic water;

d) Bird's nests after preliminary processing must meet the technical requirements specified in Appendix VII issued with this Decree.

Article 26. Management of star deer farming

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

a) The farm must ensure that the star deer live close to natural conditions;

b) Star deer breeding stock must originate from legally recognized star deer farming facilities;

c) Breeding establishments must have records tracking individual animals and the pedigree of sika deer.

2. Organizations and individuals exploiting and preserving deer velvet must comply with the following requirements:

a) Use measures to reduce pain for the deer during velvet cutting procedures;

b) Preserve deer velvet after cutting under conditions that ensure hygiene and food safety;

c) Record and store information on the exploitation and preservation of deer velvet to ensure product traceability.

Article 27. List of other animals allowed for farming

1. The list of other animals allowed for farming is specified in Appendix VIII issued together with this Decree.

2. The Ministry of Agriculture and Rural Development shall take the lead, in coordination with the Ministry of Natural Resources and Environment, in reviewing, evaluating, and submitting to the Government for consideration and decision on the amendment and supplementation of the list of other animals allowed to be farmed, periodically every 3 years or upon written request from organizations or individuals, according to an abbreviated procedure.

Chapter V. IMPORT OF LIVESTOCK PRODUCTS AND LIVE ANIMALS

Article 28. Import of livestock products

1. Imported livestock products with high risks to epidemic safety and food safety include the following cases:

a) Livestock products of animal species listed in the list of animals and terrestrial animal products that are subject to risk analysis regulations under Article 37 of the Law on Veterinary Medicine;

b) Livestock products subject to risk analysis for food safety as stipulated in Article 49 of the Law on Food Safety.

c) Livestock products originating from or sourced from livestock farms, processing facilities, or storage facilities suspected or found to have used prohibited substances in livestock raising;

d) Livestock products that have been pre-processed, packaged, or stored at facilities suspected or found to be contaminated with substances harmful to consumer health;

đ) Livestock products imported into Vietnam through an intermediary country.

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant units to inspect production facilities and suppliers of livestock products in the exporting country before importation in cases where the importation of livestock products falls under the provisions of Clause 1 of this Article, in accordance with Decree No. 35/2016/NĐ-CP dated May 15, 2016 of the Government detailing a number of articles of the Law on Veterinary Medicine, and Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain articles of the Law on Food Safety.

Article 29. Regulations on the import of live animals

1. Live animals imported for food must meet the following requirements:

a) Be confirmed by the competent authority of the country of origin to be used for food;

b) Not use substances banned in animal husbandry according to the provisions of Vietnamese law during the breeding process;

c) Comply with the provisions of Clause 1, Article 44 of the Law on Veterinary Medicine.

Amended and supplemented provisions:

2. Except in cases where agreements between Vietnam and foreign countries provide otherwise, checkpoints receiving live animals imported into Vietnam include:

a) Airports: Noi Bai, Da Nang, Tan Son Nhat.

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

c) Seaports: Cai Lan (Quang Ninh), Hai Phong, Cua Lo (Nghe An), Da Nang, Quy Nhon (Bình Định), Cat Lai (Ho Chi Minh City), Cai Mep (Bà Rịa - Vũng Tàu).

Chapter VI. LIVESTOCK WASTE TREATMENT

Article 30. Regulations on livestock waste treatment products circulating in the market

1. Organizations and individuals producing and trading livestock waste treatment products must announce the applicable standards according to the law on product and goods quality.

The technical indicators of livestock waste treatment products must be announced in the applicable standard as prescribed in Appendix IX issued together with this Decree.

2. Organizations and individuals must self-declare product information on the electronic information portal of the Ministry of Agriculture and Rural Development before putting the product into circulation in the market.

During the time of building and completing the database system used for self-declaration of information on livestock waste treatment products, organizations and individuals must send information about livestock waste treatment products to the Department of Livestock for compilation and posting on the electronic information portal of the Ministry of Agriculture and Rural Development.

3. The dossier for declaring information on domestically produced livestock waste treatment products includes:

a) Information about the production facility of the livestock waste treatment product (name, location, contact information);

b) Declaration standards applied according to the provisions of Clause 1 of this Article;

c) Product quality test result certificates within 12 months up to the date of information declaration issued by a laboratory that has been granted a certificate of registration for testing activities;

d) Product label sample according to the provisions of the law on goods labeling;

d) The trial results for livestock waste treatment products newly produced in Vietnam that contain new substances not previously tested, or evaluation and acceptance minutes of the Scientific Council for the product, are the results of ministerial or national-level scientific research projects that have been recognized or permitted by the competent authority;

e) Patent certificates or commitments not to violate intellectual property regulations for the products proposed for circulation registration.

4. The dossier for declaring information on imported livestock waste treatment products includes:

a) Information about the production facility of the livestock waste treatment product (name, location, contact information);

b) The Certificate of Free Sale or an equivalent document issued by a competent authority of the country of origin;

c) A copy of information on ingredients, uses and instructions for use of the product provided by the manufacturer or individual;

d) The declared standard applied to the importer's product in Vietnamese;

d) The product packaging label from the producing organization or individual; accompanied by a Vietnamese supplementary label;

e) Test result certificates within 12 months up to the date of information announcement issued by testing laboratories that have been granted certification for testing activities registration;

g) Trial results for products imported into Vietnam for the first time that contain new substances that have not yet been tested in Vietnam.

5. In case of changes in information about livestock waste treatment products, organizations and individuals shall update product information on the electronic portal of the Ministry of Agriculture and Rural Development.

Article 31. Trial of livestock waste treatment products

1. Livestock waste treatment products that are produced or imported into Vietnam for the first time containing new substances that have not yet been tested in Vietnam must undergo trials before product declaration; except for livestock waste treatment products resulting from scientific and technological tasks at the ministerial or national level that have been recognized.

2. Organizations and individuals must carry out testing at testing facilities that meet the following requirements:

a) Have facilities and technical equipment that meet the testing requirements for each type of livestock waste treatment product;

b) The technical person in charge must have a university degree or higher in one of the following majors: animal husbandry, veterinary medicine, chemistry, biotechnology, environmental technology;

c) Have or contract with units that have testing laboratories granted a certificate of registration for testing activities;

d) In the case of testing facilities for microbial products used to treat livestock waste, there must be refrigerators and ultra-low temperature freezers to store microbial strains to serve the testing process.

3. The content of testing includes:

a) Evaluation of the composition and quality of the product according to the applied announced standards;

b) Assessing the safety for human health, livestock, and the environment during the use of the product;

c) Evaluating the effectiveness of the product in treating livestock waste.

4. The testing facility shall prepare a report on the product testing results according to Form No. 01.MTCN Appendix I attached to this Decree.

5. The testing facility must keep the records of testing results for at least 3 years after the completion of the tests.

Article 32. Livestock waste treatment product manufacturing facility

A livestock waste treatment product manufacturing facility must ensure the following requirements:

1. The location of the manufacturing facility must not be in an area contaminated by hazardous waste or toxic chemicals;

2. There must be a firmly constructed workshop, ensuring requirements for quality control and biosecurity; areas for storing raw materials, materials, and finished products must prevent cross-contamination; there must be a warehouse or specialized equipment to preserve raw materials and products with specific characteristics according to the manufacturers' or suppliers' recommendations;

3. The production line and equipment in contact with raw materials and finished products must be made of materials that are easy to clean;

4. Have or contract with a laboratory to test quality during the production process;

5. Have equipment for collecting and treating waste during the production process to ensure no pollution in the production area;

6. Microbial biomass production facilities must have equipment to create an environment, store, and culture microorganisms to ensure safety for people and the environment;

7. Have a product quality control system.

Chapter VII. IMPLEMENTATION PROVISIONS

Article 33. Effective date

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

2. This Decree replaces the following documents:

a) Decree No. 39/2017/NĐ-CP dated April 4, 2017, of the Government on the management of animal and aquaculture feed;

b) Decree No. 100/2017/NĐ-CP dated August 18, 2017, of the Government amending and supplementing certain articles of Decree No. 39/2017/NĐ-CP.

c) Clause 5 Article 1 and Article 3 of Decree No. 123/2018/NĐ-CP dated September 17, 2018, of the Government on the amendment and supplementation of a number of decrees regulating investment and business conditions in the agricultural sector;

d) Articles 9, 10, and 11 of Decree No. 66/2016/NĐ-CP dated July 1, 2016, of the Government stipulating investment and business conditions on plant protection and quarantine; plant varieties; breeding of common forest animals; livestock; aquaculture; food.

3. This decree abolishes the following documents:

a) Decision No. 78/2004/QD-BNN dated December 31, 2004, of the Minister of Agriculture and Rural Development promulgating the List of rare and precious livestock breeds prohibited from export;

b) Decision No. 88/2005/QĐ-BNN dated December 27, 2005, of the Minister of Agriculture and Rural Development promulgating the List of rare livestock genetic resources that need conservation;

c) Decision No. 43/2006/QĐ-BNN dated June 1, 2006, of the Minister of Agriculture and Rural Development promulgating regulations on the international exchange of rare livestock genetic resources;

d) Circular No. 92/2007/TT-BNN dated November 19, 2007, of the Minister of Agriculture and Rural Development guiding the implementation of certain provisions in Decision No. 1405/QĐ-TTg dated October 16, 2007, of the Prime Minister on the conditions for incubating poultry eggs and raising waterfowl;

đ) Circular No. 02/2011/TT-BNNPTNT dated January 21, 2011, of the Minister of Agriculture and Rural Development guiding the state management tasks of livestock farming;

e) Clause 1, Article 1 of Circular No. 61/2011/TT-BNNPTNT dated September 12, 2011, of the Minister of Agriculture and Rural Development promulgating the National Technical Regulation in the field of animal feed;

g) Articles 1, 2, 3, 4, 5, and 6 of Circular No. 19/2011/TT-BNNPTNT dated April 6, 2011, of the Minister of Agriculture and Rural Development amending, supplementing, and abolishing certain regulations on administrative procedures in the livestock sector according to Resolution No. 57/NQ-CP dated December 15, 2010;

h) Circular No. 06/2012/TT-BNNPTNT dated February 1, 2012, of the Minister of Agriculture and Rural Development promulgating the list of additional rare animal genetic resources that need to be conserved;

i) Circular No. 35/2013/TT-BNNPTNT dated July 1, 2013, of the Minister of Agriculture and Rural Development temporarily regulating the management of swiftlet farming;

k) Circular No. 14/2014/TT-BNNPTNT dated April 28, 2014, of the Minister of Agriculture and Rural Development promulgating the List of High-Productivity Livestock Breeds;

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

m) Circular No. 01/2018/TT-BNNPTNT dated January 16, 2018, of the Minister of Agriculture and Rural Development promulgating the List of Livestock Breeds that are produced and traded in Vietnam.

Article 34. Transitional Provisions

1. Animal feed production facilities that have been granted a Certificate of Conformity regarding the conditions of production and processing of animal feed in accordance with Decree No. 39/2017/NĐ-CP dated April 4, 2017, of the Government on the management of animal and aquaculture feed (hereinafter referred to as Decree No. 39/2017/NĐ-CP) but whose validity expired during the period from the effective date of this Decree until December 31, 2020, may continue production for no more than 12 months from the date the Certificate of Conformity expires.

2. Animal feed production facilities that have been granted a Certificate of Conformity regarding the conditions of production and processing of animal feed in accordance with Decree No. 39/2017/NĐ-CP may continue production until the Certificate of Conformity expires, except in the case stipulated in clause 1 of this Article.

3. Feed production facilities that are not subject to the regulations in Clauses 1 and 2 of this Article shall continue production and must register to be issued a Certificate of Eligibility for animal feed production within 12 months from the effective date of this Decree.

4. Imported animal feed products that have been subject to the temporary reduced inspection regime or temporary exemption from quality inspection in accordance with Decree No. 39/2017/NĐ-CP shall continue to be applied according to the validity stated in the reduced inspection or exemption confirmation document.

5. The quality inspection of imported animal feed that does not yet have technical standards shall continue to be applied according to the provisions of Decree No. 39/2017/NĐ-CP until June 30, 2020.

6. Complete mixed feed products and imported concentrated feed permitted for circulation according to the provisions of Decree No. 39/2017/NĐ-CP shall continue to circulate according to the validity period posted on the electronic information portal of the Ministry of Agriculture and Rural Development.

7. Organizations and individuals who submit a full application for administrative procedures on animal feed before the effective date of this Decree shall be applied according to the legal regulations at the time of submission.

8. Livestock waste treatment products that have been recognized by the Department of Animal Husbandry, Ministry of Agriculture and Rural Development for technological progress or new technology before December 31, 2019, are not required to implement the provisions of Clause 2, Article 31 of this Decree.

Article 35. Responsibilities for implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial and centrally-run city People's Committees, and relevant agencies are responsible for implementing this Decree.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

(Signed)

Nguyễn Xuân Phúc

Appendix I

FORMS

(Attached to Decree No. 13/2020/NĐ-CP dated January 21, 2020)

Form No. 01.TACN

APPLICATION FOR ISSUANCE/REISSUANCE OF CERTIFICATE

OF ELIGIBILITY FOR LIVESTOCK FEED PRODUCTION

To: .............................................

1. Name of the applying facility:

- Address of head office:

- Production address:

- Phone number: Fax number: E-mail:

- Business registration certificate or Investment license or Establishment decision: ...............................................................................................................................

2. Application for issuance/reissuance of Certificate of Eligibility for commercial livestock feed production, custom order livestock feed production as follows:

3. First-time registration: 🞏

Re-registration: 🞏 Reason for re-registration:

We commit to complying with the regulations on conditions for animal feed production according to the law.

Form No. 02.TACN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

EXPLANATION

Conditions for animal feed production

(Attached to the application for the Certificate of Eligibility for

Animal Feed Production No...... dated... month..... year...)

1. Name of production facility:

2. Type of animal feed products registered for production:

3. Certificate of conformity system (attach a certified copy from the facility, if available):

4. Explanation of animal feed production conditions (including cases of change of production location, equipment lines, production at facilities that have been granted a Certificate of eligibility for animal feed production):

a) Production location: (Describe area, location).

b) Factory, equipment (layout diagram of the factory, brief description of equipment, production lines).

c) Copies, photographs of documents proving environmental protection measures recognized by competent authorities in accordance with environmental protection law.

....., day....... month....... year....

REPRESENTATIVE OF THE FACILITY

(Signature, seal)

Form No. 03.TACN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

PROCESS

Quality control of animal feed production facilities

(Attached to the application for the Certificate of Eligibility for

Animal Feed Production No...... dated... month..... year...)

1. The quality control process of animal feed is self-established by the facility, ensuring the principle of traceability of raw materials and products, and ensuring product quality.

2. Contents of the process*:

a) Control of water quality used in production (in cases where water is used during animal feed production):

- Establish technical quality requirements for production water, in accordance with relevant technical standards and national technical regulations (if any).

- Specify plans for water quality assessment and measures for remedial action if standards are not met.

- Specify the department or person responsible.

b) Control of input materials:

- Establish technical requirements for each type of raw material before storage and before production.

- Regulations for evaluating the competence of raw material suppliers to implement appropriate raw material quality control measures.

- Regulations for evaluating raw material quality (through documents accompanying the shipment, for example: product label information, expiration date, origin, quality analysis certificates, sensory evaluation, sampling for testing, etc.).

- Developing a plan for sampling and testing quality and safety indicators based on risk assessment.

- Regulations for raw material storage measures and a plan for monitoring raw material quality during storage.

- Regulations for handling raw materials that do not meet quality and safety standards.

- Regulations on responsible departments/persons.

c) Control of packaging and containers for raw materials and finished products:

- Develop technical requirements for packaging and containers for raw materials and finished products to ensure they do not affect the quality of animal feed.

- Regulations on quality control measures for packaging and utensils.

- Regulations on responsible departments/persons.

d) Control of the production process and finished products:

- Depending on the type of animal feed product, the production process needs to control contents such as mixing formulas, raw materials used in production, weighing, grinding, mixing, storage containers, packaging, labeling, preservation, and production batch logging to ensure traceability of information of the ingredients in the finished product.

- Plan for sampling finished products to evaluate quality and safety (with documentation proving that the sampling plan is based on the risk assessment principle).

- Regulations on measures for storing finished products and labeling.

- Regulations on measures to handle finished food products that do not meet quality and safety standards.

- Regulations on corrective measures when it is found that these contents are not properly implemented.

- Regulations on responsible departments/persons.

đ) Recycling control:

- Regulations on cases that must be recycled.

- Recycling methods.

- Purpose of recycling, recycling log, post-recycling testing.

- Regulations on handling if recycling results are not appropriate.

- Regulations on responsible departments/persons.

e) Sample control and sample storage:

- Methods for sampling each type of food (sampling location, sample weight, sample storage time, person taking the sample, sampling method, etc.).

- Regulations on recording information to identify and trace the origin of the sample.

- Regulations on sample storage time and measures to handle the sample after the storage period expires.

- Regulations on responsible departments/persons.

g) Inspection, calibration, and adjustment of equipment:

- List (or make a table of) types of tools and equipment that must be calibrated and inspected.

- Plan for periodic calibration and adjustment.

- Regulations for identifying the status of measuring devices (e.g., affixing calibration labels, verification); in cases where the device does not meet technical standards, there must be identifiable signs.

- Regulations on responsible departments/persons.

h) Pest control:

- In case of self-control: Develop pest control methods, control frequency, and keep a log.

- In case of using external units, it must be specified in the procedure.

- Regulations on responsible departments/persons.

i) Control of sanitation in the factory, equipment, and tools:

- Specify the frequency of sanitation inspections for the factory, equipment, and chemicals used for cleaning (if any), and keep a log.

- Regulations on responsible departments/persons.

k) Control of waste collection and disposal:

- Specify the waste collection area.

- Specify the frequency of moving waste from the production area or warehouse to the collection point.

- In case of hiring a waste treatment facility, the facility must ensure capacity according to legal requirements.

- Regulations on responsible departments/persons.

l) Control of antibiotic cross-contamination for feed production facilities containing antibiotics:

- Regulations on cleaning procedures for equipment and production lines to prevent the spread and cross-contamination of antibiotics between production batches.

- Regulations on controlling the antibiotic content in products in accordance with the dosage prescribed by the veterinary prescriber.

- Regulations on remedial measures and handling when non-compliance is detected.

- Regulations on responsible departments/persons.

m) Control of outsiders and visitors entering the production facility.

- Regulations on recording information of outsiders and visitors entering the production facility.

- Regulations on guiding visitors when visiting the production area to ensure occupational safety and not affect the production process.

- Regulations on responsible departments/persons.

....., date ....... month....... year ....

REPRESENTATIVE OF THE FACILITY

(Signature, seal)

*Note:

- This quality control procedure applies to facilities producing complete compound feed, concentrated feed, and mixed supplementary feed. For facilities producing traditional feed and single-ingredient supplementary feed, depending on the production technology and the nature of the animal feed product, the facility may reduce unrelated content in this procedure but must ensure control over product quality and safety and traceability of origin.

- When implementing the contents of this procedure, animal feed production facilities must record and keep documents and evidence as a basis for evaluating and monitoring the maintenance of the Certificate of Eligibility for Animal Feed Production and provide it to state management agencies upon request.

Form No. 04.TACN

GUIDELINES

Assessment of the actual conditions of the animal feed production facility

I. INITIAL ASSESSMENT

1. The facility location is not in an area contaminated by hazardous waste or toxic chemicals.

Requirement: The production facility must not be polluted by hazardous waste or toxic chemicals from the surrounding environment, such as waste sources from hospitals, hazardous chemical business establishments, landfills, waterlogging, etc. In cases where changing the location is not possible, the risk of pollution must be assessed; preventive measures must be established to stop the risk of pollution; there must be evidence (such as self-assessment results, monitoring) to prove it is not contaminated. The production area must have a fence separating it from other areas.

2. Design of the production area and arrangement of equipment must follow the one-way rule from input materials to output products, ensuring separation between production areas to avoid cross-contamination.

Requirements: The areas in the production facility must be arranged according to a one-way principle in the following order: Receiving area, raw material storage area, production area, packaging area, finished product storage area, and finished product dispatch area. In cases where raw materials or finished products are already in sealed packaging or the production areas mentioned above are arranged separately, it is not required to follow this principle, but it must ensure no cross-contamination, easy identification of raw material and finished product information, and no risk of confusion during production and transportation.

3. Have production lines and equipment suitable for manufacturing animal feed.

a) Have production lines and equipment suitable for each type of animal feed product.

Requirements: The production line must be suitable for complete compound feed, concentrated feed, supplementary feed, traditional feed, single feed, liquid feed, powdered feed... Facilities producing complete compound feed and concentrated feed must have equipment to mix trace ingredients (premix) separately before mixing with other raw materials or bulk ingredients to create the final product (except in cases where the facility purchases premix from another production or business facility).

b) The production line and equipment that come into contact with animal feed must be made of materials that are easy to clean, do not release harmful substances from the equipment into the animal feed, do not cause contamination, and do not cross-contaminate, ensuring safety according to legal regulations.

Requirements: The surfaces of the conveyor and equipment must be smooth to ensure that food does not adhere or stick to the surface after production; in cases where the conveyor and equipment need to be cleaned with water, they must be ensured to be dried after cleaning.

c) The area for storing animal feed must be ventilated, have sufficient light to visually recognize information, and have moisture-proof solutions that do not affect product quality.

Requirements: There must be sufficient area and space to store different ingredients to ensure their quality during storage. Different types of ingredients must be stored separately; spoiled or defective food must be kept apart to avoid cross-contamination. Food must be placed in the designated locations (if any) and have identification information to prevent confusion. Production support materials such as cleaning agents, gasoline, lubricating oils, etc., must have identification information and be stored separately to ensure no contact and no risk of contamination with animal feed.

Each area in the warehouse and factory must have sufficient natural or artificial lighting to ensure clear visibility and the ability to read instructions on equipment, machinery, and tools; to read instructions and information on labels and packaging in production.

There should be shelves (pallets) or moisture-proof materials to place raw materials and finished products, ensuring ventilation and moisture protection (except when the warehouse or factory floor already has a technical solution for moisture protection). Shelves, pallets, and moisture-proof materials must be kept clean and easy to sanitize (if reused).

d) The production facility for microbial biomass fermentation must have equipment to create the environment, maintain, and culture microorganisms.

Requirements: Refrigerators, biomass fermentation cabinets, drying cabinets, scales, counting and reading tools, microbial strains, chemicals, media, and other necessary equipment.

4. There must be measures to store animal feed raw materials according to the recommendations of the supplying organization or individual.

Requirement: There must be methods to evaluate temperature, light, humidity, and other conditions to ensure that animal feed products are stored according to the manufacturer's recommendations. There must be corrective measures in place if inappropriate storage conditions are detected; these measures must be documented and approved by the facility's authorized personnel. The control process must be recorded.

5. There must be measures to control pests, impurities, and waste contamination so as not to affect the safety and quality of animal feed.

a) There must be solutions to control impurities (such as sand, metal, dust...) that contaminate the product.

Requirement: In cases where feed is at risk of contamination by impurities, there must be equipment to remove impurities during the production process (for example: fans, sieves, magnets...).

b) There are solutions for controlling and preventing harmful organisms (insects, rats, birds, etc.) and animals from entering production areas, raw material storage, and finished product storage; prevention and control of termites.

Requirements: Doors and windows must be designed so that when closed or opened, they prevent harmful organisms and animals from entering the production facility (e.g., curtains, screens, rat traps, insect-killing lights, or other measures). There should be a plan for termite control.

Control measures must be documented and approved by the competent authority of the production facility. The control process must be recorded.

c) There are solutions for collecting and treating waste to avoid contamination of products and ensure environmental hygiene.

Requirement: There must be containers for different types of waste (for example: household waste, recyclable waste, and hazardous waste) with identification labels. Hazardous waste must be contained in sealed containers, placed separately from other waste. The waste collection area must be separated from the production area.

d) There should be occupational safety and hygiene solutions for production workers and visitors to the production area.

Requirement: There should be safety instructions and appropriate personal protective equipment for production workers and visitors (for example: glasses, helmets, masks, clothing, shoes, gloves...). There should be sanitation facilities, changing rooms, sufficient clean water, and cleaning agents for production workers and visitors.

6. There should be inspection and calibration of measuring equipment and tools according to regulations.

Requirement: Equipment must be periodically inspected to ensure technical safety in production. Measuring instruments (scales, containers, gauges, counters, etc.) must be periodically adjusted and calibrated to ensure accuracy.

7. Have or rent a testing laboratory to analyze the quality of animal feed during the production process.

Requirements:

- Have or rent a testing laboratory to control the quality of raw materials and finished products in production; the laboratory must have sufficient capacity (equipment, personnel, documents...) suitable for the testing requirements to ensure that the test results are accurate.

- The testing must be conducted according to the established quality control plan approved by the authorized person of the production facility.

8. The technical person in charge must have a university degree or higher in one of the following majors: animal husbandry, veterinary medicine, biology, food technology, or post-harvest technology.

Requirements: Must have a university degree in livestock, veterinary medicine, biology, food technology, post-harvest technology and must be officially assigned as the technical manager in writing by the authorized person of the facility. For traditional feed production facilities with single ingredients, the technical manager is not required to meet this requirement but must be trained in a major suitable for the product being produced.

9. Feed production facilities containing antibiotics must have control measures to ensure that there is no spread or cross-contamination between different types of antibiotics, and between antibiotic-containing feed and non-antibiotic feed.

a) Feed production facilities containing antibiotics must have equipment and tools to mix veterinary drugs containing antibiotics before production, and this mixing equipment must be separated from the finished feed production line.

Requirement: Equipment and tools for mixing veterinary drugs containing antibiotics must ensure that they do not disperse into the surrounding environment and must be separated from the animal feed production line.

b) There must be a procedure for cleaning equipment and the production line to prevent dispersion and cross-contamination of antibiotics between production batches.

Requirement: The facility must issue in writing a procedure to control and prevent cross-contamination of antibiotics during production, and control the antibiotic content in the finished product according to the veterinary prescription from the prescriber.

10. There must be an environmental protection solution that complies with the legal regulations on environmental protection.

Requirement: There must be an environmental protection plan or a written confirmation of environmental impact assessment in accordance with the legal regulations on environmental protection.

11. Quality control procedures of the animal feed production facility.

II. ASSESSMENT OF SUPERVISION AND MAINTENANCE OF CERTIFICATION MEETING THE CONDITIONS FOR ANIMAL FEED PRODUCTION

1. Evaluate the indicators stated in Section I of this guideline.

2. Assess the implementation of the quality control process of the manufacturing facility according to the contents stated in Form No. 03.TACN of this Appendix.

3. Evaluate the fulfillment of obligations by the animal feed manufacturing facility as prescribed in Clause 2, Article 48 of the Law on Livestock, regarding the following contents:

a) Implement the declaration of applicable standards and conformity declaration as prescribed.

Requirement: There must be complete documentation of the declaration of applicable standards and conformity declaration for each product as prescribed.

b) Implement product labeling in accordance with the law on product labeling.

Requirement: The information on the product label must comply with the current regulations on product labeling and the product information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.

c) Publicize or register product information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.

Requirement: Products produced by the unit must be publicized or registered on the Electronic Information Portal of the Ministry of Agriculture and Rural Development before circulation (except for cases where organizations or individuals are not required to publicize product information according to regulations).

d) Use feed ingredients in accordance with the provisions at point c, clause 2, Article 48 of the Law on Livestock.

Requirement: Only use livestock feed ingredients allowed for use in Vietnam. Ingredients used in finished products must have a minimum shelf life at least equal to the shelf life of the finished product. In case the ingredients have a shorter shelf life than the finished product, the organization or individual must have control measures to ensure they do not affect the quality of the finished product.

d) Comply with inspections and examinations by competent state authorities as prescribed by law; comply with the reporting regime.

Requirement: Facilities being inspected and evaluated must cooperate and comply correctly with the regulations. Reports must be submitted periodically or spontaneously as prescribed.

III. PRINCIPLES OF EVALUATION AND RECORDING EVALUATION MINUTES

1. Evaluation principles

a) For facilities producing complete compound feed, concentrated feed, and mixed supplemental feed: It is not allowed to add or remove evaluation content as prescribed in Section I and Section II.

b) For traditional feed manufacturing establishments, single-ingredient supplemental feed: Depending on the production technology and the nature of the animal feed product, the assessment team may reduce the evaluation criteria or change the evaluation requirements and the specialty of the technical supervisor, but it must ensure that the manufacturing establishment can control the quality, safety of the product, and traceability. These contents must be recorded in the Evaluation Report.

c) For establishments producing both animal feed and aquafeed that have been granted a Certificate of eligibility for aquafeed production by the competent state authority, the results for the criteria already assessed when granting the Certificate of eligibility for aquafeed production are recognized. These contents must be recorded in the Evaluation Report.

d) For traditional animal feed production facilities, feed additives that are single ingredients and have been certified by the competent state agency with a Certificate of Food Safety for the production facility will have their results recognized for the indicators that were evaluated when issuing the Certificate of Food Safety for the production facility. These contents must be recorded in the Evaluation Report.

d) For animal feed production facilities that have been granted a certificate of Quality Management System (ISO), Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), or an equivalent certificate, the results for the indicators that have been evaluated will be recognized. These contents must be recorded in the Evaluation Report.

2. Principles for recording in the Evaluation Report

- Evaluate and record information fully and accurately according to the regulations in the Evaluation Report.

- If the content recorded in the Assessment Report is amended, it must be confirmed with the signature of the Head of the Assessment Team.

- The evaluation result of the indicator is “Pass” or “Fail”.

- Use the symbols x or √ to mark the evaluation levels identified for each criterion.

- Must provide detailed explanations of criteria that are met and not met; each unmet criterion must specifically record the error and determine the deadline by which the facility must correct that error. Criteria that are not evaluated or where the evaluation requirements are changed must have the reasons for not evaluating and the reasons for changing the evaluation requirements stated in the Evaluation Report.

Form No. 05.TACN

MINUTES

Evaluation of animal feed production conditions

No.: ............../BB-ĐKSX

I. GENERAL INFORMATION

1. Basis of evaluation: ..............................................................................................

2. Evaluation time: ..........................................................................................

3. Name of the evaluated facility: ..................................................................................

- Head office address: ..........................................................................................

- Phone number: ............................ Fax number: ........................... Email: ......................

- Representative of the evaluation facility: ............................. Position: .......................

- Certificate of conformity to standards (if any): .................................

- New assessment: 🞏 Surveillance assessment: 🞏

4. Evaluation location:

- Address: ..............................................................................................................

- Phone: .......................... Fax: ............................. Email: .........................

5. Evaluation team members:

Mr./Ms.: ............................................. Position: ....................................................

6. Representative of the evaluated facility:

Mr./Ms.: ............................................. Position: ....................................................

7. Type of products produced by the establishment being evaluated:............................................

II. CONTENT OF ASSESSMENT OF CONDITIONS AT THE PRODUCTION FACILITY

1. The assessment content is conducted according to the Appendix attached to this Minutes.

2. Sampling (if any):

III. OPINION OF THE EVALUATION TEAM:

IV. OPINION OF THE FACILITY REPRESENTATIVE:

Appendix

ASSESSMENT CONTENT TABLE

CONDITIONS FOR PRODUCTION OF ANIMAL FEED

(Attached to the Minutes of assessment of production conditions

for animal feed No.:..../BB-ĐKSX)

Conclusion

Form No. 06.TACN

CERTIFICATE OF SUITABILITY

FOR ANIMAL FEED PRODUCTION

Number*: A/B/C/TACN

Facility name......................................... Headquarters address:.............................................

Phone number:.................................. Fax number:.........................................................

Production address: ...................................................................................................

Phone number:................................. Fax number:......... ..................................................

Business registration certificate/Investment license/Establishment decision:.....................

Certified to meet the conditions for producing animal feed for:

- Product type: Specify the type of animal feed (complete compound feed, concentrated feed, traditional feed, mixed type supplementary feed, single ingredient type supplementary feed).

- Production of animal feed containing antibiotics (if any).

*Note:

Regulations on the Feed Production Eligibility Certificate number are as follows:

- A: Is the administrative unit code of the locality (where the production facility is located) according to Decision No. 124/2004/QĐ-TTg dated July 8, 2004 by the Prime Minister on promulgating the list and codes of administrative units in Vietnam.

- B: Is the sequential number of the facility issued the Eligibility Certificate for production, starting from number 001.

- C: Is the year the certificate is issued.

- TACN: Abbreviation of “animal feed.” In the case the certificate is issued by the Department of Animal Husbandry, the symbol “/CN” is added after TACN.

- The certificate number does not change in the case of re-issuance.

Form No. 07.TACN

APPLICATION FOR IMPORT OF UNANNOUNCED ANIMAL FEED

To: Department of Animal Husbandry

Unit name:

Address:

Phone: .....................; Fax number: ..........................; Email:

Request to import the following animal feed:

2. Import time:

3. Purpose of import (Clearly state the purpose of import for introduction at fairs, exhibitions, adaptive farming, research, testing, sample analysis at laboratories, or for production, processing for export purposes)...

4. Time, export border gate, importing country (for production, processing for export purposes)

5. Implementation time (Clearly state the time for introduction at fairs, exhibitions, adaptive farming, research, testing, sample analysis at laboratories, or for production, processing for export purposes): ................

6. Plan for handling products after fairs, exhibitions, analysis: ......

The enterprise commits to fully comply with the current laws and regulations related to animal feed.

REPRESENTATIVE OF THE ORGANIZATION OR INDIVIDUAL

(Full name, signature, and seal)

*No more than 2.0 kg for each product for laboratory sample analysis. For imports intended for research purposes, the quantity must be suitable for the research content.

Form No. 08. TACN

OUTLINE

Research, testing procedures for animal feed

Title of the outline/testing procedure: ..................................................................

Part 1: General information

1. Unit with research/testing products

- Unit name: .........................................................................................................

- Address: ...........................................................................................................

- Phone number:............................................... Fax number:...........................................

2. Research/Testing Unit

- Unit name: .........................................................................................................

- Address: ..............................................................................................................

- Phone number: .................................................. Fax number: .......................................

3. Information about the product requested for research/testing

- Product name, ingredients, nature and function, expiration date, warnings.

- Product origin (Name and address of the manufacturer).

Part 2: Research plan/detailed testing procedure

1. Purpose of the research/testing:

2. Content and method of the research/testing:

a) Evaluate the quality of the product by sensory assessment, physical analysis, and chemical analysis, safety indicators (specifying the name of the method for each indicator to be evaluated).

b) Evaluate the direct impact of the product on livestock:

- Location and time of conducting the research/testing.

- Research/experimental animals: Clearly state the breed, age or body weight, growth stage, and number of animals.

- Experimental materials: Clearly state the feed ingredients, research/experimental equipment...

- Implementation methods:

+ Research/experimental design method: Specify the method in detail.

+ Number of experimental groups, clarifying the differences between groups in terms of research/experimental factors, and the similarities between groups in terms of technical factors and research/experimental conditions.

+ Number of replications: How many times repeated, repeated at the same time or at different times.

+ Feed rations used in the research/experiment: Clearly state the composition of ingredients, the main factors creating differences between the rations (for example, the proportion of experimental feed in the ration, processing methods...).

+ Feeding method: Free access to feed/water or restricted, feeding/drinking equipment...

+ Monitoring indicators: List the indicators that need to be monitored to reflect the results of research/trials (productivity, economic, health, product quality, and environmental impact indicators...).

+ Methods for handling research/trial results.

+ Quantity of feed materials required for research/trials.

Form No. 09. Feed

To:........................*

The Department of Animal Husbandry has received Document No. ........... dated ........... from the organization or individual requesting certification that the animal feed is eligible for import to be used as samples for trade fairs, exhibitions / adaptive farming / research / trials / laboratory analysis / for production, processing for export purposes. After reviewing the dossier, the Department of Animal Husbandry has the following opinion:

1. Agrees to allow the organization or individual to import the following animal feed products to serve as samples for trade fairs, exhibitions / adaptive farming / research / trials / laboratory analysis / for production, processing for export purposes:

2. Import time:....................................................................................

3. The above-mentioned animal feed products are only allowed to be used as samples for trade fairs, exhibitions / adaptation feeding / research / testing / as analysis samples in laboratories / for production, processing for export purposes and are not to be used for any other purposes.

4. Samples after being displayed and introduced at trade fairs, exhibitions / research / as analysis samples in laboratories must be handled in accordance with the provisions of the law.

* Name of the organization or individual requesting import

Form No. 10. Animal Feed

APPLICATION FOR RECOGNITION OF TESTING METHODS

ANIMAL FEED OF THE EXPORT WATER LABORATORY

To: Department of Animal Husbandry

Proposing Unit Name:

Address:

Phone: .....................; Fax number: ..........................; Email:

1. Request the Department of Animal Husbandry to recognize the animal feed testing methods of the export water laboratory as follows:

- Name of the testing laboratory: ......................................................................................

- Address of the testing laboratory: ................................................................................

- List of testing methods proposed for recognition:

2. Attached documents include: ..................................................................................

3. Proposed evaluation time for the testing laboratory (if any): ...................................

4. We commit to providing complete dossiers, ensuring the authenticity of the registration documents, and fully complying with the provisions of the current law related to animal feed.

REPRESENTATIVE OF THE ORGANIZATION OR INDIVIDUAL

(Full name, signature, and seal)

Form No. 11. TACN

APPLICATION FOR RECOGNITION OF TESTING PROCEDURE

AND RECOGNITION OF EXPORTING COUNTRY'S ANIMAL FEED

To: Department of Animal Husbandry

Applicant unit name: ...............................................................................................

Address:

Phone: ......................... Fax number: ......................... Email:

Requesting the Department of Animal Husbandry to recognize the testing procedure and recognize the animal feed from the exporting country as follows:

1. Animal feed testing procedure (Specify the name of the animal feed product testing procedure)

2. List of animal feed products:

3. Attached dossiers: ................................................................................................

4. Location and time of the trial:.................................................

5. Proposed time for evaluating the trial process and recognizing the feed (if any):......................................................................................................

6. We commit to providing complete documents, ensuring the authenticity of the registration documents, and fully complying with the relevant current laws on animal feed./.

REPRESENTATIVE OF THE ORGANIZATION OR INDIVIDUAL

(Full name, signature, and seal)

Form No. 12.TACN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

REGISTRATION FORM FOR QUALITY VERIFICATION

Number: ………………………….(For the evaluation agency to fill in)

To:.............................................................

1. State the type of imported animal feed: traditional feed, complete compound feed, concentrated feed, single ingredients, mixed feed, other types; in the case of traditional feed, it must be accompanied by a detailed description of the imported product (including: trade name, nature of the product).

2. At least one quality criterion in the published standard applied and safety indicators according to the provisions of the corresponding national technical regulation.

3. Write "exempt from inspection" if the shipment applies for a temporary inspection exemption, or "inspection according to point a, clause 2, Article 18 of this Decree" or "inspection according to point b, clause 2, Article 18 of this Decree".

Form No. 01.ĐKCN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

APPLICATION FOR ISSUANCE/REISSUANCE OF CERTIFICATE

MEETS THE CONDITIONS FOR LIVESTOCK RAISING

To: Department of Agriculture and Rural Development of ............. province/city

Full name of the livestock facility owner.............................................................................

ID/ Citizen identification number/ passport number.............. issued on...../..../.... Place of issue:.........

1. Location of the livestock facility:

2. Type of livestock:

Livestock:................................................................................................................;

Poultry:...............................................................................................................;

Other animals:......................................................................................................;

3. New registration: 🞏 Re-issuance registration: 🞏

Reason for re-issuance request (detailed description):.......................................................................

Attached documents (if any):............................................................................

I commit and take full responsibility before the law for the legality, accuracy, and truthfulness of the declared content./.

Form No. 02.DKCN

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

EXPLANATORY STATEMENT

Regarding livestock farming conditions

I. GENERAL INFORMATION ABOUT THE LIVESTOCK FARM

1. Name of the livestock farm:..........................................................................................

2. Full name of the farm owner:......................................................................................

3. Address:..................... Phone number:.............. Email:........................................

4. Type of construction (new/old/expanded):.............................................................

5. Total area of the livestock farm:........m2, including:

a) Area of animal pens (m2):................................................................................

b) Waste treatment area (m2):...................................................................

II. LIVESTOCK FARMING CONDITIONS

1. Construction site:

a) Construction location:.........................................................................................

b) Water demand (m3/year):................................................................................

c) Water supply capacity (m3/year):...................................................................

2. Livestock pens: General description of the overall design, farm layout, type of pens, and equipment.

3. Copies or photos of documents proving that environmental protection measures have been confirmed by a competent authority as prescribed by environmental protection law.

4. Management records: Notebooks or logs used during the farming process.

Form No. 03.DKCN

GUIDELINES

Assessing the actual conditions of livestock farms

A. PRINCIPLES OF ASSESSMENT

1. Recording the assessment report: Fully and accurately record information according to the form; if correcting content already recorded in the Report, it must be confirmed with the signature of the Head of the assessment team.

2. How to record: Record the assessment result of each criterion as "met" or "not met"; use the symbol X or √ to mark the evaluation level for each criterion; explain in detail the criteria that are met and not met.

3. Applicable criteria:

- Criteria 1 to 7 apply to assessments for first-time certification.

- Criteria 8 to 9 apply to monitoring assessments for condition maintenance.

B. ASSESSMENT GUIDELINES

Form No. 04.DKCN

MINUTES

Assessment of livestock conditions

1. Basis for assessment:...............................................................................................

2. Time of assessment:...........................................................................................

3. Name of the evaluated facility: ..................................................................................

4. Location:..........................................................................................................

Phone:.................................................. Fax:..................................................

5. Representative of the Assessment Team:

Mr./Mrs.: ................................................... Position: ............................................

Mr./Mrs.: ................................................... Position: ............................................

6. Representative of the livestock facility:

Mr./Mrs.: ................................................... Position: ............................................

Mr./Mrs.: ................................................... Position: ............................................

7. Evaluation content: The evaluation content and evaluation methods are carried out according to the Appendix attached to this Minutes.

Sampling (if any): .................................................................................................

8. Conclusion of the Evaluation Team:.............................................................................

9. Opinion of the facility:

...............................................................................................................................

The minutes have been read aloud to all parties and agreed upon with signatures. The minutes are made in 04 copies, each party keeps 02 copies with equal legal value.

Appendix

TABLE OF LIVESTOCK CONDITION ASSESSMENT CONTENT

(Attached to the Livestock Condition Assessment Minutes No:..../BB-LC)

Conclusion:

Form No. 05.DKCN

CERTIFICATE

MEETS THE CONDITIONS FOR LIVESTOCK RAISING

No*: A/B/C/LC

__________

Name of the livestock facility............................................. Head office address:.........................

Telephone number:....................................................... Fax number:....................................

Farm address: ..................................................................................................

Telephone number:....................................................... Fax number:....................................

Business registration certificate/Investment license/Establishment decision:.....................

Certified as a facility meeting livestock breeding conditions.

Cattle:................................................ Quantity:...............................................;

Poultry:............................................... Quantity:...............................................;

Other animals:..................................... Quantity:................................................;

*Note:

Regulations for issuing the Certificate of Eligibility for Livestock Breeding are as follows:

- A: is the administrative unit code of the locality (where the Certificate is issued) according to Decision No. 124/2004/QĐ-TTg dated July 8, 2004, of the Prime Minister on issuing the list and codes of administrative units in Vietnam.

- B: is the sequential number of the facility that is granted the Certificate of eligible livestock raising conditions, starting from number 001.

- C: Is the year the certificate is issued.

- ĐKCN: abbreviation for 'livestock raising conditions'.

Form No. 01.MTCN

REPORT

Results of the trial of animal waste treatment products

Report on the results of the trial of animal waste treatment products of the testing facility includes the following contents:

1. Name of the testing facility: ....................................................................................

2. Name of the organization or individual requesting the trial: .....................................................

3. Name of the livestock waste treatment product under trial along with the dossier on composition, effectiveness, storage, usage, labeling, packaging:..............................

4. Condition of the livestock waste treatment product before the trial

5. Trial content:.....................................................................................

6. Location, time, scale, and method of the trial:...........................

7. Trial results:.......................................................................................

8. Conclusion and recommendations:.......................................................................................

Appendix II

LIST OF LIVESTOCK BREEDS THAT NEED TO BE CONSERVED

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Appendix III

LIST OF LIVESTOCK BREEDS PROHIBITED FROM EXPORT

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Appendix IV

ALLOWABLE VARIATION IN INSPECTION

FEED QUALITY

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Note:

- For indicators whose content and measurement units are not specified in the table above, the allowable variation is ± 15%.

- The above allowable variation does not apply to the evaluation of banned substances belonging to the Beta-agonist group.

Appendix V

LIVESTOCK UNIT FACTOR AND CONVERSION FORMULA

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

1. Livestock unit factor:

2. Calculation formulas:

a) Livestock unit coefficient = Average live weight of livestock/500.

b) Formula for calculating livestock units through livestock unit coefficients:

LU = LUC x Number of head

Where:

- LU: Livestock unit;

- LUC: Livestock unit coefficient.

Appendix VI

LIVESTOCK DENSITY BY REGION

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Appendix VII

QUALITY INDICATORS OF RAW BIRD'S NEST

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Appendix VIII

LIST OF OTHER ANIMALS PERMITTED TO BE KEPT

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)

Appendix IX

TECHNICAL SPECIFICATIONS MUST BE ANNOUNCED IN THE

ANNOUNCEMENT OF APPLICATION OF LIVESTOCK WASTE TREATMENT PRODUCTS

(Attached to Decree No. 13/2020/NĐ-CP

dated January 21, 2020, of the Government)