Decree No. 08/2010/ND-CP on Feed Management

DECREE

Regarding the management of animal feed

___________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Fisheries Law dated November 26, 2003;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Based on the Law on Technical Standards and Regulations dated July 12, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Livestock Breed Law dated March 24, 2004;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the production, business; export, import; testing and recognition of animal feed; state management; inspection, supervision, and administrative violations in the field of animal feed.

Article 2. Applicability

This Decree applies to organizations and individuals, both domestic and foreign, engaged in activities related to animal feed within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. Feed These are products consumed or drunk by animals in fresh, live, or processed and preserved forms, including: animal feed raw materials or single feeds, mixed complete feeds, concentrated feeds, supplementary feeds, feed additives, premixes, active substances, and carriers.

a) Animal feed raw materials - Competition Administration Department: in cases where standard contracts and general trading terms apply nationwide or apply in two or more centrally governed cities/provinces; Single feed is feed used to provide one or more nutrients in the diet for animals;

b) Mixed complete feed is a mixture of several feed raw materials formulated according to a recipe to ensure sufficient nutrients to maintain the life and productivity of animals at different growth stages or production cycles without the need for any other type of feed except drinking water;

c) Concentrated feed is a mixture of animal feed raw materials with higher nutrient content than the requirements of animals and used to blend with other raw materials to form mixed complete feeds;

d) Supplementary feed is a single ingredient or a mixture of several ingredients added to the diet to balance the essential nutrients needed by the animal's body;

đ) Feed additives are substances with or without nutritional value added to animal feed during processing or handling to maintain or improve certain characteristics of the feed;

e) Premix is a supplementary feed consisting of a mixture of one or more active substances together with a carrier;

g) Active ingredient is a micronutrient or growth stimulant, reproductive stimulant, or other biological function substance introduced into the animal's body through feed or drinking water;

h)||| Carrier is an edible substance used to mix with active substances in premixes but does not affect the health of animals.

2. Livestock includes livestock, poultry, bees, silkworms, and aquatic animals kept by humans.

3. Production of animal feed involves carrying out one, some, or all of the production, processing, packaging, storage, and transportation activities of animal feed.

4. Business of animal feed includes trading activities of various types of animal feed.

5. Processing of animal feed is the process of implementing one or all of the production stages of animal feed to produce a product according to the customer's requirements.

6. Animal feed production facility is an organization or individual producing animal feed for commercial purposes.

7. New animal feed is feed imported for the first time or discovered and produced in Vietnam containing active substances that have not been tested in Vietnam.

8. Food safety for animal feed refers to necessary conditions and measures to ensure that animal feed does not harm the health of animals, people consuming animal products, and the environment.

Article 4. State policy on animal feed

1. Investment in research, training, promoting industry, promoting agriculture, and transferring scientific and technological advancements related to nutrition and processing of animal feed.

2. Planning regions for raw material production for animal feed; encouraging exploitation and processing of supplementary feeds from domestic raw materials to reduce import ratios.

3. Supporting the enhancement of analytical laboratories' capacity to serve inspection, supervision, and monitoring of animal feed quality; providing financial support for activities related to inspection, supervision, and monitoring of quality and food safety for animal feed.

4. Supporting post-harvest technology for preliminary processing and preservation of domestically produced raw materials for animal feed.

5. Supporting enterprises to borrow funds from banks to invest in analytical equipment for testing animal feed quality and premises for constructing specialized storage and port systems to serve the export and import of animal feed.

Article 5. Prohibited acts in the field of animal feed

1. Producing, trading, and using types of animal feed not listed in the permitted circulation directory in Vietnam or listed in the prohibited production and circulation directory in Vietnam issued by the Ministry of Agriculture and Rural Development.

2. Producing, trading, importing, and marketing animal feed that does not meet technical standards issued by the Ministry of Agriculture and Rural Development.

3. Trading and advertising animal feed without published standards or without certification of conformity and compliance.

4. Providing false information or advertising about the quality, origin, and place of manufacture of animal feed.

5. Other violations as prescribed by law.

Chapter II

PRODUCTION AND TRADING OF ANIMAL FEED

Article 6. Conditions for establishments producing and processing animal feed

Organizations and individuals producing and processing animal feed must satisfy the following conditions:

1. Possess a business registration certificate for animal feed production issued by competent state authorities.

2. Have factory buildings, equipment, and production processes ensuring animal feed quality standards as stipulated by the Ministry of Agriculture and Rural Development.

3. Have an analytical laboratory for testing animal feed quality or hire analysis services from recognized facilities by competent state authorities.

4. Have a waste treatment system ensuring no environmental pollution; have conditions meeting labor safety and environmental hygiene requirements under labor and environmental laws.

5. Have technical staff with at least a college degree in relevant fields, meeting production technology and quality control requirements for animal feed.

Article 7. Conditions for establishments trading in animal feed

Organizations and individuals trading in animal feed must satisfy the following conditions:

1. Possess a business registration certificate for animal feed products issued by competent state authorities.

2. Have a store, signboard, and clear business address.

3. Have tools, equipment, and means of transportation suitable for each type of animal feed product; have display areas ensuring product quality and food safety according to legal regulations.

Article 8. Responsibilities of organizations and individuals producing livestock feed

1. Announce applicable standards or announce compliance with standards and regulations as prescribed.

2. Record and retain production process logs for at least three years.

3. Test, retain test results, and retain samples of raw materials and finished products; store retained samples for one year from the expiration date of the product.

4. Display quality information on product labels, packaging, or accompanying documents in accordance with legal provisions.

5. Recall and handle livestock feed that does not meet quality requirements and compensate for losses caused to livestock farmers.

6. Comply with inspections regarding production conditions and product quality as prescribed by law.

7. Report to state management agencies when requested regarding activities related to livestock feed.

Article 9. Responsibilities of organizations and individuals trading in livestock feed

1. Inspect the origin of goods, product labels, conformity marks, and other documents related to the quality of livestock feed.

2. Apply quality control measures to maintain the quality of livestock feed.

3. Comply with inspections regarding trading conditions and product quality as prescribed by law.

4. Post prices and comply with price inspections for livestock feed as prescribed by law.

5. Handle, recall livestock feed that does not meet quality requirements or destroy harmful livestock feed affecting the quality of livestock products and food safety.

Chapter III

EXPORT AND IMPORT OF LIVESTOCK FEED

Article 10. Export of Livestock Feed

Organizations and individuals exporting livestock feed must establish and implement a management system to ensure the quality of their products and meet the requirements of the importing country and Vietnamese law.

Article 11. Import of Livestock Feed

1. Organizations and individuals are only permitted to import types of livestock feed listed in the Catalogue of Permitted Circulation in Vietnam issued by the Ministry of Agriculture and Rural Development.

2. In cases where livestock feed not listed in the Catalogue of Permitted Circulation in Vietnam is imported, the following procedures must be followed:

a) Imports for trial purposes must have written approval from the Ministry of Agriculture and Rural Development and conduct trials according to Clause 1, Article 12 of this Decree.

b) Imports for testing or production, processing for re-export under registered contracts with foreign countries or for display at trade fairs must have written approval from the Ministry of Agriculture and Rural Development and comply with inspections by competent state authorities.

3. Organizations and individuals importing livestock feed are responsible for the quality and labeling of the product in accordance with legal provisions; they are responsible for recalling and handling livestock feed that does not meet quality requirements and compensating for losses caused to livestock farmers.

4. The procedures for importing livestock feed shall be carried out in accordance with current legal provisions.

Chapter IV

TRIAL AND RECOGNITION OF LIVESTOCK FEED

Article 12. Trial of Livestock Feed

1. New types of livestock feed must undergo trials. The content, procedure, and formalities of the trial are prescribed by the Ministry of Agriculture and Rural Development.

2. New types of livestock feed do not need to undergo trials if they are the result of research recognized by the Ministry of Agriculture and Rural Development as technical progress.

3. The entity conducting the trial of livestock feed must meet the following conditions:

a) Registered for trial activities with the competent state authority;

b) Have suitable locations and ensure veterinary hygiene and environmental hygiene in accordance with legal provisions.

c) Have appropriate facilities and equipment for each type of feed trial;

d) Have or hire technical staff with a bachelor's degree or higher in relevant fields such as animal husbandry, veterinary animal husbandry, and aquaculture.

Article 13. Recognition of new animal feed

1. New animal feed shall only be recognized when it meets the following requirements:

a) Having the results of testing from the entity conducting the tests;

b) Being evaluated by the specialized scientific council established by the Ministry of Agriculture and Rural Development on the test results and recommending recognition;

c) Having a recognition decision issued by the Ministry of Agriculture and Rural Development.

2. The Ministry of Agriculture and Rural Development recognizes new animal feed and supplements it to the List of Permitted Animal Feeds for Circulation in Vietnam.

Chapter V

STATE MANAGEMENT OF ANIMAL FEED

Article 14. Contents of state management of animal feed

1. Developing planning and production plans for animal feed

2. Issuing and implementing legal documents governing management, production procedures, standards, technical regulations, mechanisms, and policies to encourage the development of animal feed.

3. Testing and recognizing new animal feed.

4. Collecting and managing information and materials related to animal feed.

5. Organizing research and applying advanced science and technology in activities within the field of animal feed.

6. Investing in and developing testing and inspection systems to meet production, business, and state management requirements for the quality of animal feed.

7. Training, enhancing, and issuing certificates to create human resources serving state management activities related to animal feed.

8. Promoting and disseminating knowledge and experience regarding the production, management, and use of animal feed.

9. Inspecting and supervising compliance with state regulations, resolving complaints, accusations, and disputes concerning animal feed.

10. International cooperation in the field of animal feed.

Article 15. Responsibilities for state management of animal feed

1. The Government uniformly manages state affairs related to animal feed.

2. Ministries and agencies at the ministerial level, within their respective tasks and authorities, have the responsibility to coordinate with the Ministry of Agriculture and Rural Development in implementing state management of animal feed.

3. The Ministry of Agriculture and Rural Development has the responsibility:

a) To take the lead and coordinate with relevant ministries and sectors in building plans, master plans, policies for the development and use of animal feed nationwide;

b) To draft, issue, or submit to competent authorities for issuance and implementation of legal documents on animal feed;

c) To organize testing and recognize new animal feed;

d) To collect and manage information and materials related to animal feed;

đ) To build plans and organize supervision of inspections, audits, and handling of violations in the production and use of animal feed;

e) To promote and disseminate legal documents on animal feed;

g) To engage in international cooperation in the field of animal feed;

h) To manage production, export, import, and trade of animal feed;

i) To organize state inspections and audits of animal feed.

4. Provincial People's Committees and Municipal People's Committees under the Central Government shall be responsible for:

a) To build plans for the development and use of animal feed at the local level;

b) To direct and guide the effective use of animal feed without causing environmental pollution;

c) To issue policies to encourage and create favorable conditions for enterprises in the locality to improve the quality and competitiveness of animal feed. Direct local functional agencies to develop and implement programs to enhance productivity, quality, and competitiveness of local animal feed;

d) To promote, disseminate, and organize guidance on laws, provide information on the quality of animal feed to organizations, individuals producing, and consumers;

đ) To build plans and organize inspections, audits, and handling of violations in the field of animal feed in the locality.

Article 16. Sources of funds for animal feed management activities

1. State budget at all levels.

2. Fees and charges in the field of animal feed.

The Ministry of Finance shall take the lead in coordinating with relevant agencies to guide the collection, payment, management, and use of fees and charges in the field of animal feed.

Chapter VI

INSPECTION, AUDIT AND ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ANIMAL FEED

Article 17. State inspection on animal feed

1. Inspection content:

a) Implementation of regulations on conditions for animal feed production facilities and business establishments as stipulated in Articles 6 and 7 of this Decree;

b) Implementation of standard announcement, conformity declaration, and compliance declaration;

c) Implementation of measures to manage the quality of animal feed;

d) Implementation and results of conformity assessment, labeling, marking of conformity and compliance, and accompanying documents of products;

đ) Sampling of animal feed for testing conformity with announced standards and corresponding technical regulations.

2. Conducting the inspection:

a) Regular inspections must be notified in writing, not more than twice a year, or conducted unexpectedly when there are signs of violation;

b) Samples taken for quality testing of animal feed only have legal validity if the sampler has a certificate for sampling animal feed issued by the Ministry of Agriculture and Rural Development. After sampling, a record must be established and kept sealed at the facility for each type of product;

c) Quality testing analysis of animal feed can only be carried out in laboratories designated by the Ministry of Agriculture and Rural Development.

Article 18. Inspection on animal feed

1. Animal feed inspection is specialized inspection.

2. Organization and operation of animal feed inspection in accordance with laws on inspection.

3. Content of inspection on animal feed quality is the inspection of compliance with laws on animal feed quality, recommending preventive and cessation measures for violations of laws on animal feed quality within their authority.

Article 9. Tasks of specialized inspection on animal feed

1. Building programs, plans, and inspection work on animal feed to submit to competent authorities for decision.

2. Training specialized inspection skills on animal feed for inspectors.

3. Receiving complaints and reports, investigating, concluding, and recommending solutions to complaints and reports according to the law.

4. Inspecting and concluding on the implementation of laws on animal feed.

5. Administering administrative penalties for violations of laws on animal feed according to the law.

6. Reporting and recommending to the head of the same-level agency or higher-level inspection organization about inspection results and post-inspection prevention and handling measures.

7. Performing other tasks as prescribed by law.

Article 20. Powers of specialized inspection on animal feed

1. Organizing inspections of animal feed production, business, and usage facilities.

2. Requesting individuals and organizations related to provide necessary information and documents for inspection work.

3. Temporarily suspending production, business, and usage of animal feed when there are signs of violation of the law.

4. Applying administrative penalty measures as prescribed by laws on administrative violations.

5. Exercising other powers as prescribed by law.

Article 21. Administrative violations in the field of animal feed

1. Violations of laws on the production and business of animal feed include:

a) Not announcing quality standards;

b) New animal feed not undergoing testing before being put into business and use;

c) Producing and selling counterfeit animal feed; not meeting announced standards; not ensuring quality or having expired;

d) Violating the provisions of Article 5 of this Decree.

2. Violations of laws in the activities of managing, testing, inspecting, and testing animal feed

a) Engaging in testing, inspecting, and testing animal feed without a permit;

b) Obstructing legitimate testing, inspecting, testing, management, production, and business activities of animal feed;

c) Refusing to recognize new animal feed when all conditions are met;

d) Conducting false testing, inspecting, and testing;

đ) Violating other obligations in the activities of managing, testing, inspecting, and testing animal feed.

3. Organizations and individuals who violate the provisions of this Decree shall be subject to handling according to the forms prescribed by current laws depending on the degree and nature of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree takes effect from March 25, 2010, and replaces Government Decree No. 15/CP dated March 19, 1996, on the management of animal feed.

Article 23. Guidance for Implementation

The Minister of Agriculture and Rural Development is responsible for guiding the implementation of the provisions set forth in this Decree.

Article 24. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree./.