Circular No. 08/NN-KNKL/TT guiding the implementation of Decree No. 15/CP dated March 19, 1996 on the management of animal feed

CIRCULAR

Guidelines for implementing Decree No. 15/CP dated March 19, 1996 on the management of animal feed

To implement Decree No. 15/CP dated March 19, 1996 of the Government on the management of animal feed, the Ministry of Agriculture and Rural Development provides specific guidance on the following matters:

I. PRODUCTION AND BUSINESS

1. Registration for production and business of animal feed

a) Organizations and individuals applying for a permit to produce animal feed must meet the following conditions:

 - Having a location, factory, equipment, and technological process to ensure the quality standards, veterinary hygiene, and environmental sanitation of the feed;

- Having the means or conditions to test the quality of raw materials and products before shipment;

- Having technical staff meeting the requirements of production technology and quality testing of animal feed.

b) Organizations and individuals wishing to engage in the production and business of animal feed must comply with current State regulations on registration for establishment of enterprises and types of production facilities. The competent authority will only issue an enterprise establishment permit after obtaining the assessment opinion of the agricultural management agency:

- For joint ventures or foreign-invested enterprises with 100% foreign capital, special animal feed production facilities (amino acids, vitamins...), and central-level and ministry-affiliated animal feed production facilities, the assessment opinion of the Ministry of Agriculture and Rural Development is required.

- For organizations and individuals under local jurisdiction, the assessment opinion of the provincial Department of Agriculture and Rural Development, city, or centrally-administered municipality is required.

c) Types of animal feed that must be registered for production:

- Animal feed being produced for the first time.

- Animal feed that has been granted production registration but has undergone changes in name, nutrient content, formula, product form, packaging, or brand.

- Animal feed that was previously produced abroad but now seeks production registration in Vietnam.

- Animal feed approved for trial use by the Ministry of Agriculture and Rural Development.

d) Organizations and individuals may only produce types of animal feed listed in the permitted production and circulation catalog in Vietnam published by the Minister of Agriculture and Rural Development (Annex 1). If outside this catalog, approval for trial use from the Ministry of Agriculture and Rural Development is required.

2. Rights and responsibilities of organizations and individuals engaged in the production and business of animal feed

a) Organizations and individuals producing and trading in animal feed must have a practice permit issued by the State management agency of the agriculture sector:

- For joint venture production and trading facilities or foreign-invested enterprises with 100% foreign capital, special animal feed production facilities (amino acids, vitamins...), and central-level and ministry-affiliated animal feed production facilities, the practice permit is issued by the Ministry of Agriculture and Rural Development.

- For organizations and individuals producing and trading in animal feed under local jurisdiction, the practice permit is issued by the provincial Department of Agriculture and Rural Development, city, or centrally-administered municipality.

b) Organizations and individuals producing commercial animal feed must register product quality standards according to the regulations of the Ministry of Science and Technology and Environment.

c) Organizations and individuals producing animal feed are responsible for reporting quarterly and annually on production status to the direct superior management agency.

d) Strictly prohibited is the production of animal feed without a permit or in violation of the permit's provisions.

đ) The production site of animal feed must display a sign with the enterprise name as registered. The sign must be placed in a convenient and visible location so that everyone can see it.

e) Animal feed sold on the market must pass pre-shipment inspection and retain samples. Pre-shipment inspection certificates must be kept for at least three years.

g) All types of commercial animal feed must have packaging and labels. In cases of bulk delivery without labels, a certificate of compliance with quality standards according to the contract must be provided, indicating the date of production and expiration date.

h) Precious raw materials for animal feed must be packaged and labeled.

i) Information on labels and tags must be written in Vietnamese, but may also be written in foreign languages. The content of labels and tags for different types of feed must be as follows:

Complete mixed feed:

- Trade name of the animal feed.

- Registration number for permitted production.

- Name of the organization or individual producing the feed.

- Place of production.

- Net weight.

- Names and proportions of major nutritional components in the mixture (moisture, protein, digestible energy, crude fiber, calcium, phosphorus, salt).

- Suitable for which type of livestock or poultry; method of use.

- Date of production and expiration date.

Concentrated feed:

- Trade name of the concentrated feed.

- Registration number for permitted production.

- Name of the organization or individual producing the feed.

- Place of production.

- Net weight.

- Names and proportions of major nutritional components (moisture, protein, crude fiber, digestible energy, calcium, phosphorus, main vitamins and amino acids).

- Suitable for which type of livestock or poultry; method of use.

- Date of production and expiration date.

Supplemental feed:

- Trade name of the supplemental feed.

- Registration number for permitted production.

- Name of the organization or individual producing the feed.

- Place of production.

- Net weight.

- Names and proportions of added substances (specify the names of added substances).

- Suitable for which type of livestock or poultry; method of use (if special attention is needed for use).

- Date of production and expiration date.

3. Circulation of animal feed

a) Transportation of animal feed must ensure safety, free from harmful chemicals, bacteria, and factors causing quality degradation.

b) Organizations and individuals storing animal feed must have warehouses meeting technical requirements to ensure feed quality, veterinary hygiene, and environmental protection.

c) Conditions for organizations and individuals engaged in the business of animal feed:

- Possessing a business license issued by the competent authority.

- Having retail stores, warehouses, and necessary equipment.

d) Scope of business for animal feed:

- Only sell types of animal feed listed in the permitted usage and circulation catalog in Vietnam.

- Not to sell expired feed, low-quality feed, feed of unknown origin, feed not matching the registered brand, or feed without pre-shipment inspection marks.

||| Within animal feed stalls, no items such as chemical fertilizers, pesticides, gasoline, etc., which may damage or affect the quality of animal feed, shall be stored.

||| d) Packaging containing animal feed sold on the market must be intact and undamaged. Animal feed contained in torn or damaged packaging shall not be sold.

||| Organizations and individuals engaged in the business of animal feed must display a signboard with the name of the store as registered. The location of the signboard must be convenient and easily visible for public recognition.

||| II. IMPORT AND EXPORT OF ANIMAL FEED AND RAW MATERIALS FOR ANIMAL FEED

||| 1. Import

||| a) The Ministry of Agriculture and Rural Development annually prepares a plan to balance the demand for animal feed and raw materials for animal feed. It determines the import needs and issues permits to organizations and individuals to import animal feed and raw materials for animal feed at appropriate times to protect domestic production.

||| b) The application for importation submitted to the Ministry of Agriculture and Rural Development includes:

||| - An import application form (must clearly state: type, quantity of goods to be imported, place of import, requested import period).

||| - Quality certification for each type of imported goods issued by the national management agency of the exporting country.

||| - Business registration certificate for import and export issued by the Ministry of Trade.

||| c) Organizations and individuals importing animal feed and raw materials for animal feed must complete plant quarantine procedures or animal disease control procedures according to the Plant Quarantine Regulations (issued together with Decree No. 92/CP dated November 27, 1993 of the Government) or the Animal Disease Control Regulations (issued together with Decree No. 93/CP dated November 27, 1993 of the Government).

||| 2. Export

||| Organizations and individuals wishing to export animal feed and raw materials for animal feed must obtain approval from the Ministry of Agriculture and Rural Development and meet the following conditions:

||| - Having an overseas order contract.

||| - Holding a business registration certificate and import-export permit issued by the Ministry of Trade.

||| III. PROHIBITED PRODUCTION AND SALE OF ANIMAL FEED

||| Organizations and individuals are not allowed to produce, sell, or import for sale the following types of animal feed:

||| 1. Low-quality or expired animal feed.

||| 2. Animal feed that has not been registered or has been suspended or revoked registration.

||| 3. Animal feed packaged incorrectly without labels.

||| 4. Animal feed listed in the prohibited production and sale list established by the Minister of Agriculture and Rural Development (Annex 2).

||| 5. Animal feed and raw materials for animal feed containing toxic substances and harmful substances exceeding the prescribed levels (Annex 1).

||| IV. STATE MANAGEMENT OF ANIMAL FEED QUALITY

||| The Ministry of Agriculture and Rural Development performs the State management function over the quality of animal feed nationwide.

||| Until a system of quality inspection organizations for animal feed is established from central to local levels, the Ministry of Agriculture and Rural Development will temporarily guide as follows:

1. At the Central Level

||| a) The Ministry of Agriculture and Rural Development will designate scientific centers or analytical laboratories to conduct analysis of animal feed samples in three regions across the country.

||| b) Issuing regulations and guidelines on the content of business operations related to the management of animal feed quality.

||| c) Inspecting, supervising, and managing the quality of animal feed throughout the country.

||| 2. At provincial and centrally-administered city level

||| a) Provincial Departments of Agriculture and Rural Development, centrally-administered city departments, and special zone departments under the central government perform the State management function over the quality of animal feed within their jurisdictional areas.

||| b) Monitoring and inspecting the quality of animal feed produced and circulated within their jurisdictional areas, including:

||| - Organizing sampling and testing of animal feed quality twice a year.

||| - Conducting surprise inspections when necessary and obtaining approval from the Ministry of Agriculture and Rural Development.

||| - Inspection contents include:

||| + Checking product quality records and origin.

||| + Collecting samples of animal feed according to the prescribed procedures for quality analysis.

||| + Inspecting labels, packaging, and weight.

||| + Inspecting hygiene of animal feed, production environment hygiene, and storage hygiene.

||| - When conducting inspections, a record must be made, which both the inspector and the inspected party must sign. The record is copied into four copies, one of which is sent to the Ministry of Agriculture and Rural Development (Agricultural Extension Bureau and Forestry Extension Bureau).

||| - The results of animal feed quality analysis must be reported in writing to the inspected entity.

||| c) Collecting fees and costs during the inspection process, complaint resolution, and registration according to the prescribed rates of the Ministry of Agriculture and Rural Development and the Ministry of Finance.

||| V. REWARDING AND HANDLING VIOLATIONS

||| - Organizations and individuals who have achievements in implementing Decree No. 15/CP dated March 19, 1996 of the Government shall be rewarded according to current regulations.

||| - Organizations, individuals, and state officials who violate Decree No. 15/CP dated March 19, 1996 of the Government shall be subject to administrative penalties and must compensate for material losses according to the provisions of the law, depending on the extent of damage caused to the State, organizations, and individuals.

VI. IMPLEMENTATION PROVISIONS

This Circular takes effect from the date of signature. Previous regulations contrary to this Circular are abolished.

||| Departments, bureaus, and sectors directly under the Ministry and Provincial Departments of Agriculture and Rural Development shall guide, urge, and inspect the implementation of this Circular according to their functions and authorities. Any issues encountered during implementation that require amendments should be promptly reported to the Ministry (Agricultural Extension Bureau and Forestry Extension Bureau).