Consolidated Document No. 21/VBHN-BNNPTNT guiding certain provisions of the Livestock Law on livestock activities

CIRCULAR

Guidance on certain provisions of the Livestock Law concerning livestock activities

Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law concerning livestock activities, which took effect from January 15, 2020, was amended and supplemented by:

Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023 of the Minister of Agriculture and Rural Development to amend and supplement certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law concerning livestock activities, which took effect from February 1, 2024.

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Livestock Breeding Law on November 19, 2018;

At the proposal of the Director of the Livestock Production Department;

The Minister of Agriculture and Rural Development issues this Circular guiding certain provisions of the Livestock Law concerning livestock activities.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation^[2]

This Circular guides Point a Clause 2 Article 23, Clause 2 Article 54, Clause 3 Article 55, and Clause 3 Article 65 of the Livestock Law.

Article 2. Applicability

This Circular applies to organizations and individuals within Vietnam, and foreign organizations and individuals related to livestock activities in Vietnam.

Article 2a. Explanation of Terms^[3]

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

a) Community means a community of people living in the same village, hamlet, commune, town, ward, or similar residential area within the territory of the Socialist Republic of Vietnam.

b) Source of Drinking Water means water sources for domestic purposes.

Chapter II. CONTENTS OF GUIDANCE

Article 3. Provisions on certificates for artificial insemination training and embryo transfer technique training

1. The Livestock Service shall develop the framework of content, program, and duration of training on artificial insemination and embryo transfer techniques for cattle, buffalo, goats, sheep, and horses.

2. Training organizations in the field of livestock breeding shall develop detailed training content and programs based on the framework of content and program developed by the Livestock Service; organize training and issue certificates for artificial insemination or embryo transfer techniques according to the model prescribed in Appendix I attached hereto.

Article 4. Declaration of livestock activities

1. Organizations and individuals engaged in livestock activities must declare their livestock activities regarding the type and quantity of animals as prescribed in Appendix II attached hereto.

2^[4]. Organizations and individuals engaged in livestock activities shall declare their livestock activities in accordance with the provisions set out in Appendix III attached hereto.

a) Periodic declaration twice a year. The first half-year declaration period is from June 25 to June 30; the second half-year declaration period is from December 25 to December 31 of the declaration year;

b) Immediate declaration within three days upon bringing new animals for breeding or at the request of competent authorities.

Article 5. Provisions on safe distances in livestock farm operations

1. Principles for determining safe distances in livestock farm operations

a) The principle for determining the distance from a livestock farm to objects affected by livestock activities is the shortest distance from the animal housing or waste storage area to the fence or boundary of the affected object;

b) The principle for determining the distance between two livestock farms is the shortest distance from the animal housing or waste storage area of one farm to the animal housing or waste storage area of another farm.

2[5. The minimum distance from a small-scale livestock farm to centralized areas for treating domestic, industrial, and community wastewater is 100 meters; to schools, hospitals, and markets, it is 150 meters.

3^[6]. The minimum distance from a medium-sized livestock farm to centralized areas for treating domestic, industrial, and community wastewater is 200 meters; to schools, hospitals, markets, and community drinking water sources, it is 300 meters.

4^[7]. The minimum distance from a large-scale livestock farm to centralized areas for treating domestic, industrial, and community wastewater is 400 meters; to schools, hospitals, markets, and community drinking water sources, it is 500 meters.

5. The minimum distance between two livestock farms of different subjects is 50 meters.

Article 6. Provisions on distance and methods for moving bee colonies

1. Distance between bee colony placement points

a) A bee colony placement point is a location with at least 50 domestic bee colonies or 100 foreign bee colonies;

b) The minimum distance between two domestic bee colony placement points is 1 kilometer; between two foreign bee colony placement points is 2 kilometers; and between a domestic bee colony placement point and a foreign bee colony placement point is 2 kilometers.

2. Methods for moving bee colonies

Bee colonies when being moved must have clear origins; have a schedule before movement; and have appropriate means to ensure biosafety for the bee colonies, safety for people, and the environment.

Chapter III. IMPLEMENTATION^[8]

Article 7. Responsibilities of organizations and individuals^[9]

1. The Livestock Breeding Department shall be responsible for:

a) Organizing the declaration of livestock breeding activities and related contents within the national territory. Reviewing, updating, and managing declarations of livestock breeding activities and breeding facilities based on the national livestock breeding database.

b) Building and operating a traceability system, product database, and breeding facility database; prioritizing the organization of pilot projects to build and operate a traceability system, product database, and breeding facility database for export according to the requirements of importing countries; developing and issuing guidance materials, promoting, and disseminating the traceability system for livestock products and breeding facilities.

c) Developing the content framework, training programs, and schedules for artificial insemination and embryo transfer techniques for cattle, buffalo, goats, sheep, and horses.

d) Issuing technical guidelines for implementing biosafety and environmental hygiene measures for breeding facilities of livestock, poultry, and other permitted animal breeding.

đ) Inspecting and supervising organizations and individuals engaged in livestock breeding to implement biosafety and environmental hygiene measures during breeding at farms across the country.

e) Conducting inspections and checks on livestock breeding activities across the country.

2. Departments of Agriculture and Rural Development of provinces and centrally governed cities shall be responsible for:

a) Implementing the contents related to livestock breeding activities as stipulated in this Circular within their respective jurisdictions.

b) Summarizing and reporting the results of periodic declarations of livestock breeding activities in the first six months of the year to the Livestock Breeding Department before July 10 each year and the results of declarations of livestock breeding activities in the last six months of the year before January 10 of the following year or when requested by competent authorities.

c) Implementing the application of a traceability system for livestock products and breeding facilities in localities. Promoting and disseminating the traceability system for livestock products and breeding facilities.

d) Inspecting and supervising organizations and individuals engaged in livestock breeding to implement biosafety and environmental hygiene measures during breeding at households and farms within their jurisdictions.

đ) Carrying out inspection and supervision work on livestock breeding activities within their jurisdictions.

3. Organizations and individuals engaged in livestock breeding:

a) Implementing biosafety and environmental hygiene measures during breeding.

b) Adhering to the provisions of this Circular and relevant laws.

Article 8. Transitional Provisions

Individuals who have been issued certificates for artificial insemination and embryo transfer techniques prior to the effective date of this Circular may continue to use them.

Article 9. Effective Date

This Circular takes effect from January 15, 2020.

During the implementation of this Circular, if there are difficulties or obstacles, organizations and individuals are advised to report in writing to the Ministry of Agriculture and Rural Development for consideration of amendments and supplements.

SAMPLE TRAINING CERTIFICATE FOR ARTIFICIAL INSEMINATION AND EMBRYO TRANSFER TECHNIQUES FOR CATTLE, BUFFALO, GOATS, SHEEP, AND HORSES

(Issued together with Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development)
(Name of Training Organization)

ANNEX II ^[10]

(Issued together with Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023 amending and supplementing certain articles of Circular No. 23/2019/TT-BNNPTNT of the Minister of Agriculture and Rural Development)
Type of animals

ANNEX III^[11]

DECLARATION OF LIVESTOCK BREEDING ACTIVITIES
Type of animals

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Name of organization or individual engaged in livestock breeding:

Address of breeding facility:

Telephone number (if available):

Declaration period:

Declaration method (periodic, new entry, or upon request of management authority):

Type of animals

Note:

- Organizations or individuals responsible for declaring and updating livestock activities shall submit the declaration and update directly or through postal services or via email, fax... to the People's Committee of the commune or on the livestock database system.

- ^{Terrestrial Mobile Radio Equipment with Detachable Antennas Used for Analog Voice Communication} For swiftlets, crickets, scorpions, silkworms, earthworms, and black soldier flies, the quantity of animals to be exported during the period: (leave blank).

^{______________________________________}

^[1] Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, is promulgated based on the following grounds:

"Based on Decree No. 105/2022/NĐ-CP dated December 22, 2022, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Livestock Breeding Law on November 19, 2018;

Based on Decree No. 13/2020/NĐ-CP dated January 21, 2020, of the Government detailing the Livestock Law, and Decree No. 46/2022/NĐ-CP dated July 13, 2022, of the Government amending and supplementing some articles of Decree No. 13/2020/NĐ-CP dated January 21, 2020, of the Government detailing the Livestock Law;"

At the proposal of the Director of the Livestock Production Department;

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities.

^[2] This provision is amended and supplemented according to Clause 1, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[3] This provision is added according to Clause 2, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[4] This clause is amended and supplemented according to Clause 3, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[5] This clause is amended according to Clause 4, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[6] This clause is amended according to Clause 4, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[7] This clause is amended according to Clause 4, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, of the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[8] Article 2 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development on amending and supplementing certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, issued by the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, is stipulated as follows:

“Article 2. Effective Date

1. This Circular takes effect from February 1, 2024.

2. The Director of the Livestock Production Department, heads of units under the Ministry, and related organizations and individuals shall be responsible for implementing this Circular.

3. During the implementation of this Circular, if there are any difficulties or need for amendments or supplements, it is requested that agencies, organizations, and individuals promptly reflect these issues to the Ministry of Agriculture and Rural Development (through the Livestock Production Department) for research and supplementary guidance.

^[9] This provision has been amended and supplemented according to Clause 5, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development on amending and supplementing certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, issued by the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[10] This annex has been replaced according to Clause 6, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development on amending and supplementing certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, issued by the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.

^[11] This annex has been replaced according to Clause 6, Article 1 of Circular No. 18/2023/TT-BNNPTNT dated December 15, 2023, issued by the Minister of Agriculture and Rural Development on amending and supplementing certain provisions of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019, issued by the Minister of Agriculture and Rural Development guiding certain provisions of the Livestock Law regarding livestock activities, which takes effect from February 1, 2024.