Circular No. 29/2015/TT-BNNPTNT amending and supplementing certain Articles of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of animal feed.

CIRCULAR

Amending and supplementing certain Articles of TCircular No. 66/2011/TT-BNNPTNT

dated October 10, 2011 detailing certain provisions N |||Decree No. 08/2010/NĐ-CP dated February 5, 2010

of Cof the Government on the management of animal feedi

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Pursuant to Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on feed management for animal husbandry;

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

Pursuant to Circular No. 181/2013/NĐ-CP dated November 14, 2013 of the Government detailing the implementation of certain provisions of the Advertising Law;

At the proposal of the Director General of the Fisheries General Department and 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. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of animal feed.

Article 1. Amending, supplementing, and abolishing some articles of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of animal feed, which has been amended and supplemented by Circular No. 50/2014/TT-BNNPTNT dated December 24, 2014 (hereinafter referred to as Circular No. 66/2011/TT-BNNPTNT), as follows:

1. Clause 1 of Article 5 is amended and supplemented as follows:

"1. Animal feed permitted for circulation in Vietnam is animal feed recognized as meeting the conditions for circulation in Vietnam by the Fisheries General Department or the Livestock Production Department after being approved by the Minister of Agriculture and Rural Development. The Fisheries General Department and the Livestock Production Department shall regularly compile and publish the List of animal feed permitted for circulation in Vietnam every month and post it on their respective websites and the website of the Ministry of Agriculture and Rural Development for relevant organizations and individuals to access and implement."

The period of circulation of animal feed products in Vietnam is five years from the date of recognition. Six months before the end of the circulation period, organizations and individuals wishing to continue circulating the animal feed in Vietnam must re-register with the Fisheries General Department or the Livestock Production Department.

2. Point c Clause 2 Article 5 is amended and supplemented as follows:

"c) Having results of trials on animals recognized by the Fisheries General Department or the Livestock Production Department (applicable only to new animal feed)."

3. Abolish the phrase "Results of trials for complete mixed animal feed" at item 4 of point a Clause 3 Article 5.

4. Point b Clause 5 Article 5 is amended and supplemented as follows:

"b) Within no more than three working days from the date of receipt of the registration dossier, the Fisheries General Department or the Livestock Production Department shall be responsible for checking the components of the dossier and notify in writing to the registering organization or individual those components that do not meet the requirements for supplementation and completion."

5. Point c Clause 5 Article 5 is amended and supplemented as follows:

"c) Within no more than twelve working days from the date of receipt of a complete and valid dossier, the Fisheries General Department or the Livestock Production Department shall be responsible for reviewing the contents of the dossier and issue a decision recognizing animal feed permitted for circulation in Vietnam (according to the model attached as Appendix 4A to this Circular) immediately after receiving the approval of the Minister. In case of not issuing the recognition decision, the Fisheries General Department or the Livestock Production Department must respond in writing and specify the reasons."

6. Point d Clause 2 Article 6 is amended and supplemented as follows:

"d) Within no more than three working days from the date of receipt of the application dossier for quality recognition, the Fisheries General Department or the Livestock Production Department shall be responsible for checking the components of the dossier and notify in writing to the registering organization or individual those components that do not meet the requirements for supplementation and completion.

Within no more than twelve working days from the date of receipt of a complete and valid dossier, the Fisheries General Department or the Livestock Production Department shall be responsible for reviewing the contents of the dossier and issue a decision recognizing animal feed permitted for circulation in Vietnam (according to the model attached as Appendix 4A to this Circular) immediately after receiving the approval of the Minister. In case of not issuing the recognition decision, the Fisheries General Department or the Livestock Production Department must respond in writing and specify the reasons."

7. Point a Clause 2 Article 21a is amended and supplemented as follows:

"a) Inspection method: dossier inspection, sensory inspection, and sampling for analysis of at least one safety criterion and one quality criterion in the published standard or national technical regulation corresponding to ensure the assessment of the safety and quality of the inspected product. The inspecting agency or designated organization determines specific criteria and is responsible for the inspection results, quality and safety evaluation of animal feed."

8. The content "Analysis Method" in Appendix 19 is amended as follows: "As stipulated in Clause 7 Article 1 of this Circular."

Article 2. Supplement Chapter IVa of Circular No. 66/2011/TT-BNNPTNT as follows:

Chapter IVa

ADVERTISING OF FEEDSTUFFS

Article 29a. Content of Advertising of Feedstuffs

1. The content of advertising of feedstuffs must be consistent with the announced standards applicable and corresponding technical regulations (if any), and must include the following contents:

a) Name of feedstuff;

b) Origin of raw materials in processing;

c) Name and address of the organization or individual responsible for bringing the product to market.

2. The content of advertising of feedstuffs must be confirmed by the competent authority specified in Article 29b of this Circular.

Article 29b. Competent Authority for Issuing Certificate of Confirmation of Advertising Content of Feedstuffs

1. The Fisheries General Department and the Livestock Service shall issue the Certificate of Confirmation of Advertising Content of Feedstuffs for cases of advertising on the following media:

a) Press, electronic information websites, electronic devices, terminal devices, and other telecommunications equipment, printed products, audio and video recordings, and other technological devices at the central level, nationwide distribution;

b) Trade fairs, seminars, conferences, event organizations, exhibitions, cultural and sports programs nationwide.

2. The Fisheries Sub-department and the Livestock and Veterinary Service Sub-department shall issue the Certificate of Confirmation of Advertising Content of Feedstuffs for cases of advertising on the following media:

a) Press, electronic information websites, electronic devices, terminal devices, and other telecommunications equipment, printed products, audio and video recordings, and other technological devices at the local level;

b) Billboard, banner, signboard, light box, dedicated advertising screen;

c) Transportation means;

d) Trade fairs, seminars, conferences, event organizations, exhibitions, cultural and sports programs at the local level;

đ) Carrier of advertised products, advertising objects;

e) Other advertising media as prescribed by law.

Article 29c. Documents, Procedures, and Formalities for Issuing the Certificate of Confirmation of Advertising Content of Feedstuffs

1. Documents

a) Application form for confirmation of advertising content of feedstuffs according to the model prescribed in Appendix 27 issued together with this Circular;

b) Photocopy of the document recognizing feedstuffs permitted to circulate in Vietnam (for applications submitted to local competent authorities, it must be a certified copy; in case of direct submission, it must be a photocopy while presenting the original for verification);

c) Product information sheet published by the manufacturer, including: product name, manufacturer's name and address, names of raw materials, quality criteria, functions, usage instructions;

d) Description of advertising content (advertising content, advertising medium, advertising location, advertising time).

2. Submission of documents

a) Organizations and individuals submit the documents directly or send them through postal service to the competent state agency as stipulated in Article 29b of this Circular;

b) Number of sets of documents: 01 set.

3. Examination of documents and issuance of the Certificate of Confirmation of Advertising Content of Feedstuffs

a) Within no more than 03 working days from the date of receipt of the registration application, the competent state agency as stipulated in Article 29b of this Circular shall be responsible for checking the components of the documents and notify in writing to the registering organization or individual about the incomplete or non-compliant components to be supplemented and completed;

b) Within no more than 10 working days from the date of receipt of complete and valid documents, the competent state agency as stipulated in Article 29b of this Circular shall issue the Certificate of Confirmation of Advertising Content of Feedstuffs according to the model prescribed in Appendix 28 issued together with this Circular. In case of refusal to issue the Certificate of Confirmation of Advertising Content, the competent state agency must reply in writing and specify the reasons for refusal.

Article 3. Effectiveness

This Circular takes effect from September 4, 2015.

Article 4. Responsibilities for Implementation

The Director of the Office of the Ministry, the General Director of the Fisheries General Department, the Director of the Livestock Service, the Directors of the Departments of Agriculture and Rural Development of provinces and centrally-administered cities, the Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.