Decision No. 34/2001/QĐ-BNN-VP on issuing regulations on business conditions in certain sectors under the crop production and animal husbandry industries.

Pursuant to …;

Regarding issuance of regulations on business conditions in certain fields under the crop production and livestock sectors

belonging to the crop production and animal husbandry sector

__________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Enterprise Law, Decree No. 02/2000/NĐ-CP and Decree No. 03/2000/NĐ-CP dated February 3, 2000 of the Government on business registration and implementation of certain provisions of the Enterprise Law; Decree No. 30/2000/NĐ-CP dated August 11, 2000 of the Government on abolishing some permits and converting some permits into business conditions;

Pursuant to the Plant Protection and Quarantine Ordinance, Animal Health Ordinance; Decree No. 07/CP on seed plant management; Decree No. 14/CP on animal seed management and Decree No. 15/CP on livestock feed management;

At the proposal of the Director of the Ministry's Office and Heads of relevant Departments and Services,

DECISION:

Article 1. Now promulgates Regulations 1, 2, and 3 on business conditions for certain fields under the crop production and livestock sectors as follows:

Regulation 1 - Business conditions for trading, producing, and importing plant seeds; breeding conditions for animal seeds; import conditions for raw materials of livestock feed and testing new livestock feed;

Regulation 2 - Business conditions (buying and selling) for veterinary drugs; service conditions for slaughtering livestock and poultry;

Regulation 3 - Business conditions for trading, producing, processing (bottling, packaging), and importing plant protection chemicals.

Article 2. This Decision takes effect fifteen days after the date of signature.

All previous regulations that conflict with this document are hereby abolished.

Article 3. The Director of the Ministry's Office, Leaders of Departments and Services, Inspectors of the Ministry, Heads of agencies, Directors of Provincial Departments of Agriculture and Rural Development, and related organizations and individuals are responsible for implementing this Decision.

 

 

REGULATION 1

ON BUSINESS CONDITIONS FOR PLANT SEEDS, ANIMAL SEEDS, AND LIVESTOCK FEED.

(Issued pursuant to Decision No. 34/2001/QĐ-BNN/VP dated March 30, 2001)

of the Minister of Agriculture and Rural Development)

Article 1 - Plant Seeds.

1- Trading in plant seeds must meet the following conditions:

a- Organizations and individuals must register the name of the plant seeds they intend to trade with the Department of Agriculture and Rural Development at the location where their business establishment is headquartered.

b- Must have locations, warehouses, and storage areas meeting technical standards appropriate for each type of plant seed and each level of seed according to the regulations of the Ministry of Agriculture and Rural Development.

c- Plant seeds, when traded, must be labeled according to the "Regulations on Labeling Domestic Circulation Goods and Export and Import Goods," issued by Decision No. 178/1999/QĐ-TTg of the Prime Minister and guidance documents from the Ministry of Agriculture and Rural Development.

d- Individuals trading in plant seeds must announce the quality of the plant seeds in accordance with established standards; they must compensate for losses caused by the sale of plant seeds that do not match the announced quality.

đ- If importing plant seeds outside the list specified by the Ministry of Agriculture and Rural Development, written approval from the Ministry of Agriculture and Rural Development is required.

2- Producing plant seeds for sale must meet the following conditions:

a- The plant seeds must be included in the list of plants allowed for use as published by the Ministry of Agriculture and Rural Development. Names of the plant seeds produced must be registered with the Department of Agriculture and Rural Development at the location where the seed production facility is headquartered.

For plant seeds propagated through vegetative methods, production must originate from certified base stock recognized by the competent authority.

b- Facilities and equipment for production must ensure compliance with production and preservation procedures for each type of plant and each level of seed.

c- Must have personnel and equipment to test the quality of plant seeds or contracts with units having inspection-testing functions to determine the quality of produced plant seeds.

Quality of plant seeds produced and sold must be announced and sold in accordance with the announced quality.

d- Seed production facilities must have or hire agricultural technicians with a minimum of a secondary education in crop production who have been trained and further educated in seed production technology.

Article 2 - Livestock Breeds.

A - GENERAL REQUIREMENTS FOR BREEDS.

1 - Breed animals must have a certificate clearly stating the individual bloodline name or code, productivity, quality, health status, and veterinary treatment.

2 - Breeding eggs must have a clear bloodline history.

3 - The breeding history of male animals used for semen collection must be publicly disclosed. Semen labels must clearly state the sire's name or code, quality indices, production date, and must be packaged, stored, and transported according to regulations.

4 - Embryos must have a certificate of origin from both parents and must be packaged, stored, and transported according to regulations.

5 - All breeds specified in points 1, 2, 3, and 4 must have an Animal Quarantine Certificate issued by the veterinary authority as prescribed.

B - PRODUCTION OF ORIGINAL BREEDS, GRANDPARENTAL BREEDS, AND PARENTAL BREEDS MUST MEET THE REQUIREMENTS.

The production of original breeds, grandparental breeds, and parental breeds, in addition to meeting the general requirements for each type, must also meet the following specific conditions:

1 - Livestock breeds must be listed in the annual selection catalog published by the Ministry of Agriculture and Rural Development or the Department of Agriculture and Rural Development.

2 - Must have appropriate floor space and livestock facilities that meet technical breeding requirements; ensure veterinary hygiene and environmental standards as stipulated by the Ministry of Agriculture and Rural Development.

3 - Technical personnel must hold a bachelor’s degree in animal husbandry (for original and grandparental breeds) or a vocational degree in animal husbandry (for parental breeds).

4 - Must maintain record books and computer programs to track individual and herd productivity; clearly record bloodlines, growth, reproductive productivity, veterinary records, etc., according to the unified model prescribed by the Ministry of Agriculture and Rural Development.

5 - Livestock breed traders must disclose the quality of the breed; when selling, the breed must meet the quality disclosed.

Article 3 - Livestock Feed

1 - Importing raw materials and livestock feed must ensure the following conditions are met:

a - Organizations and individuals must have registered for commercial trade.

b - Must have a business registration number certificate issued by the Customs Office of the province or centrally administered city.

c - Raw materials and livestock feed must be included in the import list published by the Ministry of Agriculture and Rural Development.

2 - Conditions for testing new livestock feed.

a - Register the name of the feed, origin (researched or imported), purpose, ingredients, and quality indicators; analytical methods for quality with the Ministry of Agriculture and Rural Development.

b - New livestock feed must be tested at units designated by the Ministry of Agriculture and Rural Development.

c - Testing results for new livestock feed must be evaluated and recognized by the Ministry of Agriculture and Rural Development before being officially produced and circulated in the market.

Article 4 - Responsibilities for Implementation

1 - Organizations and individuals when preparing business registration documents must meet all conditions stipulated in Article 1 (plant seeds), Article 2 (livestock breeds), and Article 3 (livestock feed) of this Regulation, declare and commit to the Business Registration Office in accordance with the law.

2 - After businesses have been granted a Business Registration Certificate and commence operations, agricultural agencies responsible for managing State administration over plant seeds, livestock breeds, and livestock feed will conduct inspections on business conditions for each business entity, in accordance with the law.

3 - Based on actual inspections of business conditions for each business entity, if it is found that the business does not meet the required conditions as declared and committed, the business must take responsibility to correct and supplement accordingly. After 15 days, re-inspection will be conducted; if the business fails to correct and supplement and engages in fraudulent behavior, administrative penalties will be imposed or the competent State agency will be requested to handle the matter according to current laws.

 

REGULATION 2

CONDITIONS FOR THE BUSINESS OF VETERINARY DRUGS; CONDITIONS FOR SLAUGHTER SERVICES OF LIVESTOCK AND POULTRY.

(Issued pursuant to Decision No. 34/2001/QĐ-BNN/VP dated March 30, 2001)

of the Minister of Agriculture and Rural Development)

Article 1. Conditions for the Business of Veterinary Drugs.

A- GENERAL PROVISIONS.

1- Veterinary drugs are products derived from animals, plants, minerals, chemical substances, and microorganisms that are formulated for the prevention and treatment of animal diseases.

2- The business of veterinary drugs under this Regulation refers to the activities of purchasing and selling (including wholesale and retail) various types of veterinary drugs and raw materials for veterinary drugs listed in the Catalogue of veterinary drugs and raw materials for veterinary drugs permitted for circulation and use in Vietnam, as announced by the Ministry of Agriculture and Rural Development.

3- It is strictly prohibited to engage in the business of veterinary drugs outside the catalogue, counterfeit drugs, substandard drugs, expired drugs, drugs circulating with labels not conforming to current regulations on veterinary drug labels, and drugs under the management of other sectors.

4- The conditions set forth in this Regulation shall apply to the following entities:

a- Retail stores for veterinary drugs and livestock supplies;

b- Stores introducing products for foreign veterinary drug companies and domestic organizations producing veterinary drugs;

c- Organizations engaged in exporting and importing veterinary drugs and livestock supplies.

B- SPECIFIC CONDITIONS REGARDING THE PURCHASE AND SALE OF VETERINARY DRUGS.

I- REGARDING LOCATION.

1- Must have a fixed address in accordance with the Business Registration Certificate.

2- Must meet the following requirements:

a- Not adversely affect the surrounding environment and not be affected by external factors;

b- Have sufficient area for purchase and sale;

c- Have a separate warehouse;

d- Have a signboard containing the following information:

* Name of the business establishment or name of the business owner, address.

* Business Registration Certificate number;

* Professional management code.

The professional management code issued by the Animal Health Service Office consists of three groups of symbols separated by hyphens:

+ Group 1: Store or enterprise serial number;

+ Group 2: First letter of the village (ward) name;

+ Group 3: First letter of the district (city) name.

Example:

Store number 03 in Thach Ban village, Gia Lam district is recorded as follows: 03-TB-GL

II- REGARDING INFRASTRUCTURE AND TECHNOLOGY.

1- The store must have:

a- Display shelves and racks;

b- Sales counters;

c- Packaging and wrapping equipment for customers;

d- Equipment to ensure the quality of drugs and raw materials stored at the store (such as rain and sun protection screens, fans for ventilation, special storage equipment for specific drug types...).

2- The warehouse must have:

a- Shelves and racks sufficient to store all types of drugs in the warehouse;

b- Special storage equipment for products requiring specific storage conditions;

c- Thermometers and hygrometers for self-inspection of drug storage conditions.

III- REGARDING PERSONNEL.

1- Professional qualifications:

- The person managing the business establishment and those directly involved in sales must hold a Business Practice Certificate for Veterinary Drugs issued by the competent Animal Health authority.

- Conditions for obtaining a Business Practice Certificate for Veterinary Drugs:

a- Must possess a degree in animal husbandry-veterinary science at the college level or higher;

b- Must complete training courses on veterinary drugs organized by the Animal Health authority.

2- Other requirements:

* Must have permanent residence registration in the province or city where the veterinary drug business is registered;

* Must hold a health certificate issued by the Ministry of Health.

IV- REGARDING BUSINESS MANAGEMENT.

1- Must publicly display the Business Registration Certificate for veterinary drugs.

2- Management personnel must be present at the business establishment for at least 50% of operating hours and according to a fixed schedule, which must be publicly displayed for convenience in transactions.

3- Must publicly display a list of veterinary drugs available at the store, which must correspond to the names of veterinary drugs permitted for circulation and use in Vietnam, as announced annually by the Ministry of Agriculture and Rural Development.

4- Must maintain records of veterinary drug purchases and sales in accordance with guidelines provided by the Animal Health sector:

a- Purchase receipts;

b- Sales receipts (both wholesale and retail);

c- Customer feedback logs regarding drug quality, as prescribed;

d- Logs for the import and export of toxic raw materials and drugs, as specified in the list of toxic drugs.

5- Only establishments approved in writing by the State Management Authority for Veterinary Drugs may engage in the business of vaccines and raw materials for veterinary drugs.

V- REGARDING ANIMAL HEALTH SANITATION.

1- Veterinary drug business establishments must comply with animal health sanitation regulations as stipulated by the Ministry of Agriculture and Rural Development (Decision No. 46/1999/QĐ-BNN-TY dated March 5, 1999).

2- In cases where business establishments are permitted to operate a combined business including veterinary drugs and other agricultural supplies such as animal feed, fertilizers, seedlings, and livestock breeds, the area for veterinary drug sales must be separate as specified in Clause 2, Article 2.

Article 2. Conditions for animal slaughtering services.

1- Ensuring the provisions on slaughtering points, slaughterhouses, and veterinary hygiene set forth in Chapter III "Regulations on Inspection, Control of Slaughtering, and Veterinary Hygiene Inspection of Animals and Animal Products" issued pursuant to Decree No. 93/CP dated November 27, 1993 of the Government; ensuring standards for slaughtering points, slaughterhouses, and veterinary hygiene according to guidance documents of the Ministry of Agriculture and Rural Development and the joint ministries of Commerce and Agriculture and Rural Development.

2- The owner of an animal slaughtering facility must register specific slaughtering points and slaughterhouses with the local Animal Health Sub-Department (if slaughtering animals for domestic consumption); with the Regional Animal Health Center under their jurisdiction (if slaughtering animals for export) to implement slaughtering control and veterinary hygiene inspection as prescribed by law.

Article 3. Responsibilities for implementation.

1- Organizations and individuals when preparing business registration documents must meet all conditions stipulated in Article 1 (Sale of Veterinary Drugs) and Article 2 (Animal Slaughtering Services) of this Regulation; they must declare and commit to the Business Registration Department in accordance with the law.

2- After a business has been granted a Business Registration Certificate and commenced operations, based on the functions and tasks assigned, state management agencies at various levels concerning veterinary work (the Animal Health Service, the Animal Health Sub-Department) have the responsibility to inspect business conditions for establishments dealing with veterinary drugs and animal slaughtering.

3- During inspections and audits, if it is found that a business does not ensure having sufficient and correct conditions as prescribed, does not match the declarations and commitments made to the Business Registration Department, or falsifies conditions, then the Animal Health agency will issue a document requesting the business owner to take corrective measures within a specified period. After 15 days, another inspection will be conducted; if the business fails to supplement and meet the required conditions, administrative penalties will be imposed according to authority or referred to competent authorities for handling in accordance with the law.

 

REGULATION 3

ON CONDITIONS FOR BUSINESS, PRODUCTION, MANUFACTURING, REPACKAGING, IMPORT OF PLANT PROTECTION CHEMICALS.

(Issued pursuant to Decision No. 34/2001/QĐ-BNN-VP dated March 30, 2001)

of the Minister of Agriculture and Rural Development)

Article 1. General Provisions.

1- Only permitted to engage in business, production, manufacturing, repackaging, packaging of plant protection chemicals and raw materials thereof listed in the Catalogue of Permitted and Restricted Plant Protection Chemicals in Vietnam published by the Ministry of Agriculture and Rural Development. Importation of plant protection chemicals and raw materials not included in the permitted usage catalogue shall only be allowed upon written approval from the Ministry of Agriculture and Rural Development.

2- Must be a trader. (Individuals, legal entities, cooperatives, households registered for independent and regular commercial activities).

Article 2. Specific Conditions.

1- Business in plant protection chemicals.

a- Possess storage warehouses and retail stores meeting the prescribed standards and technical requirements for safety to people, environmental hygiene, fire and explosion prevention as stipulated by the Ministry of Science and Technology and Environment, the Ministry of Public Security, and the Ministry of Health.

b- Personnel directly selling and storing chemicals must be trained and professionally qualified in the management and use of plant protection chemicals, holding a certificate in plant protection chemical management and use issued by the Provincial Plant Protection Sub-Department under the Central Administration; possessing a health check-up certificate issued by a health authority at the district or county level or higher according to specialized regulations.

2- Production, manufacturing, repackaging, packaging of plant protection chemicals.

a- Possess technological processes and equipment for production, manufacturing, repackaging, and packaging in compliance with regulations to ensure the quality of plant protection chemicals.

b- Have locations, workshops, and equipment ensuring labor hygiene, health safety for personnel, fire and explosion prevention; have a waste treatment system (including destruction) in accordance with environmental authority regulations.

c- Management and operational staff of the production, manufacturing, repackaging, and packaging facilities must hold a bachelor's degree in chemistry or plant protection; have a technical workforce capable of meeting production and manufacturing requirements for plant protection chemicals.

d- Have a product quality testing room or register with the nearest quality testing facility to conduct quality testing of chemicals before shipment.

3- Regarding importation of plant protection chemicals.

a- Hold a Business Registration Certificate clearly stating the business sector as plant protection chemicals or indicating trading activities and export/import enterprise registration number issued by the Customs Department of provinces or centrally administered cities.

b- If the chemical or raw material is outside the permitted or restricted usage catalogue in Vietnam, then written approval from the Ministry of Agriculture and Rural Development is required for the enterprise to proceed with importation.

Article 3 - Responsibility for Implementation.

1- Organizations and individuals when submitting business registration files for industries and professions related to plant protection chemicals must meet all conditions as stipulated in Articles 1 and 2, and declare and commit to the Business Registration Department.

2- After organizations and individuals are issued a Business Registration Certificate and commence operations, based on their assigned functions and tasks, state management agencies responsible for plant protection work have the responsibility to inspect business conditions for trading establishments.

3- During inspections, if it is found that enterprises do not meet the conditions specified in this Regulation or falsify such conditions, the Plant Protection Agency shall issue a document requiring trading establishments to supplement and amend their conditions in accordance with the regulations. After 15 days, re-inspection will be conducted; if the trading establishment fails to amend and supplement the required conditions, administrative sanctions will be imposed according to authority, or the matter will be referred to competent state agencies for handling in accordance with the law./.