Decree No. 46/2022/ND-CP amends and supplements some articles of Decree No. 13/2020/ND-CP dated January 21, 2020, guiding in detail the Livestock Law.

DECREE

Amending and supplementing certain articles of Decree No. 13/2020/NĐ-CP dated January 21, 2020 of the Government guiding in detail the Law on Animal Husbandry.

 January 21, 2020 of the Government guiding in detail the Law on Animal Husbandry.

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 13/2020/NĐ-CP dated January 21, 2020 of the Government guiding in detail the Law on Animal Husbandry.

Article 1. Amend and supplement amending certain provisions of Decree No. 13/2020/NĐ-CP dated January 21, 2020 of the Government guiding in detail the Law on Animal Husbandry.

1. Amending and supplementing some clauses of Article 3 as follows:

a) Amend Clause 5 as follows:

“5. The unit animal coefficient is a constant applied to directly convert the number of animals into units of animals.”

b) Amend Clause 6 as follows:

“6. Speaker is an audio device used to attract swiftlets, placed around the entrance and exit of swiftlet nests.”

c) Supplement Clause 11, Clause 12, and Clause 13 as follows:

“11. New substance in livestock waste treatment products is a chemical, biological preparation, or microorganism not included in the list of chemicals, biological preparations, or microorganisms permitted for use in livestock waste treatment products in Vietnam.”

“12. Livestock waste treatment product production facility is a facility that carries out one or all activities of processing, manufacturing, or producing livestock waste treatment products.”

“13. Original livestock breeding material is breeding material obtained from original stock.”

2. Amending and supplementing certain clauses of Article 4 as follows:

a) Amend and supplement Clause 6 as follows:

“6. In case the dossier is in a foreign language, it must be accompanied by a Vietnamese translation certified by the organization or individual handling administrative procedures or a Vietnamese translation, notarized.”

b) Supplement Clause 8 as follows:

“8. In cases of natural disasters or epidemics as prescribed by law: Apply online evaluation methods for livestock production and business facilities, conformity assessment organizations, certification bodies, and licensing authorities to meet requirements regarding resources and technical means (computers, internet connections, software applications, recording devices, etc.); suspend periodic monitoring activities for up to six months; or issue temporary permits valid for up to six months based on reviewing complete and valid dossiers without conducting direct on-site assessments. Organizations and individuals engaged in production and business, conformity assessment organizations shall bear legal responsibility for the accuracy of information, documents, images, and dossiers provided to licensing authorities. On-site evaluations will resume once localities regain control over natural disasters or epidemics as stipulated by law; immediate revocation of licenses will occur for violators and legal actions will be taken accordingly.”

c) Supplement Clause 9 as follows:

“9. Recordkeeping

a) Documents and dossiers related to state inspections of imported feed quality; state inspections of imported livestock waste treatment product quality shall be retained for five years from the date of issuance of inspection result notifications;

b) Documents and dossiers related to imports of feed not yet announced on the Ministry of Agriculture and Rural Development’s electronic portal; imports of livestock waste treatment products containing new substances shall be retained for five years from the date of import permit issuance.”

3. Article 5a shall be added after Article 5 as follows:

“Article 5a. Mechanism for ordering activities related to importation, production, breeding, and supply of original livestock breeds

1. Ordering activities include: Importation, production, breeding, and supply of original livestock breeds.

2. Ordering importation, production, breeding, and supply of original livestock breeds must meet the following conditions:

a) Public service units with functions and tasks of researching and producing livestock breeds; manufacturers and suppliers of original livestock breeds who have registered their business operations in the livestock breed sector; having sufficient financial capacity; requirements for original livestock breeds and meeting the conditions of livestock breed production and trading facilities as stipulated in Articles 22 and 23 of the Livestock Law;

b) Meeting economic and technical standards for each type of original livestock breed issued by the Ministry of Agriculture and Rural Development.

3. The retail price and level of subsidy for original livestock breeds shall be decided by the competent authority in accordance with the laws on prices and relevant laws.

4. The basis for ordering, contents of ordering, and other provisions regarding ordering importation, production, breeding, and supply of original livestock breeds shall be implemented in accordance with the law.”

4. Supplement Clause 3 and Clause 4 of Article 9 as follows:

“3. A facility holding a Certificate of Eligibility for Production of Livestock Feed when producing commercial livestock feed and custom-made livestock feed for other organizations and individuals must hand over a copy of the production logbook of the batch to the organization or individual leasing production at the facility for retention to serve inspection, examination, and traceability work.

4. Organizations and individuals leasing a facility holding a Certificate of Eligibility for Production of Livestock Feed to produce commercial livestock feed must retain the product information announcement file on the Ministry of Agriculture and Rural Development's electronic portal, announce applicable standards, conformity declarations, production logs, and test results to serve inspection, examination, and traceability work.

Organizations and individuals leasing a facility holding a Certificate of Eligibility for Production of Livestock Feed to produce custom-made livestock feed must retain production logs and test results to serve inspection, examination, and traceability work.”

5. Amend and supplement Clause 8 of Article 10 as follows:

“8. Cases not requiring issuance of a Certificate of Eligibility for Production of Livestock Feed include:

a) Facilities producing (producing, processing, manufacturing) traditional livestock feed for commercial purposes in households or businesses;

b) Facilities producing food products that comply with Vietnam’s food safety regulations, where the food products or by-products generated during food production are suitable for use as livestock feed without undergoing any further processing steps.”

6. Supplement Clause 6 of Article 11 as follows:

“6. The monitoring and supervision of production conditions for livestock feed shall be carried out as follows: Within six months prior to the date specified in point a and point b of Clause 5 of this Article, the competent authority issuing the Certificate of Eligibility for Production of Livestock Feed shall notify in writing the organization or individual. Within twenty days from the date of notification, the evaluation team shall be established and the actual production conditions at the facility shall be evaluated according to point a of Clause 1, Clause 2, Clause 3, and Clause 4 of this Article. Within no more than five working days from the end of the evaluation, the competent authority shall issue a Notification of Evaluation Results according to Model No. 13.TACN Appendix I promulgated together with this Decree.”

7. Amend and supplement some clauses of Article 14 as follows:

a) To amend and supplement Clause 3 as follows:

“3. The procedure for recognizing testing methods for livestock feed of overseas laboratories is as follows:

Within thirty days from the date of receipt of complete files, the Livestock Service shall organize an Evaluation Team to review the files; if the files lack necessary information and authenticity, the Livestock Service shall organize an on-site evaluation at the overseas laboratory. If the requirements are met, within five working days from the end of the review and evaluation, the Livestock Service shall issue a decision recognizing the testing method for livestock feed of the overseas laboratory according to Model No. 14.TACN Appendix I promulgated together with this Decree; if rejected, a written response with reasons must be provided. The recognition decision for the testing method of the overseas laboratory is valid for a maximum of five years.”

b) Amend and supplement Clause 4 as follows:

“4. The Evaluation Team shall consist of: The Livestock Service, relevant units, and technical experts.”

c) Supplement Clause 5 as follows:

“5. Organizations and individuals applying for recognition of testing methods for livestock feed of overseas laboratories shall be responsible for providing complete and accurate files to serve the review and evaluation process; cooperate with the Livestock Service for the evaluation.”

8. Amend and supplement some clauses of Article 15 as follows:

a) Amend and supplement Clause 2 as follows:

“2. The procedure for recognizing trial procedures and certification of livestock feed of exporting countries is as follows:

Within thirty days from the date of receipt of complete files, the Livestock Service shall organize an Evaluation Team to review the files; if the files lack necessary information and authenticity, the Livestock Service shall organize an on-site evaluation in the exporting country. If the requirements are met, within five working days from the end of the review and evaluation, the Livestock Service shall issue a decision recognizing the trial procedures and certification of livestock feed of the exporting country according to Model No. 15.TACN Appendix I promulgated together with this Decree; if rejected, a written response with reasons must be provided.”

b) Amend and supplement Clause 3 as follows:

“3. The Evaluation Team shall consist of: The Livestock Service, relevant units, and technical experts.”

c) Supplement Clause 4 as follows:

“4. Organizations and individuals applying for recognition of trial procedures and certification of livestock feed of exporting countries shall be responsible for providing complete and accurate files to serve the review and evaluation process; cooperate with the Livestock Service for the evaluation.”

9. Amend and supplement some clauses of Article 18 as follows:

a) Amend and supplement Clause 4 as follows:

"4. The procedures for state inspection of the quality of imported animal feed are prescribed as follows:

a) Organizations and individuals submit one set of documents as prescribed in Clause 3 of this Article to the inspection agency as prescribed in Clause 1 of this Article. Within one working day from the date of receipt of the documents, the inspection agency responds regarding the completeness of the documents;

b) Within three working days from the date of receipt of complete documents, the inspection agency reviews the contents of the documents.

In case the documents do not meet the requirements, the inspection agency requests organizations and individuals to supplement and perfect the documents.

In case the documents meet the requirements, the inspection agency confirms on the Application for Quality Confirmation Inspection so that organizations and individuals can proceed with the procedures as prescribed in Points c and d of this Clause;

c) For animal feed as prescribed in Point a, Clause 2 of this Article: Organizations and individuals are permitted to clear customs immediately after completing the customs procedures. Within fifteen working days from the date of clearance of the consignment, organizations and individuals must submit the results of conformity assessment to the inspection agency. Organizations and individuals are fully responsible for the results of self-assessment of conformity and ensuring that the consignment complies with technical regulations and published standards. In case the consignment has non-conformity inspection results, organizations and individuals must report to the inspection agency or the conformity assessment body must notify the inspection agency for handling in accordance with the law;

d) For animal feed as prescribed in Point b, Clause 2 of this Article: Organizations and individuals complete customs declaration procedures, select a conformity assessment body designated in the field of animal feed to assess the conformity of the consignment. In case the consignment complies with technical regulations and published standards, the conformity assessment body issues a Conformity Assessment Certificate for the consignment for organizations and individuals to submit to the customs authority for clearance procedures, while also notifying the inspection agency.

In case the consignment has non-conformity inspection results, the conformity assessment body notifies the inspection agency for handling in accordance with the law."

b) Amend and supplement Point a and Point c of Clause 5 as follows:

"a) The exemption and reduction of state inspection of the quality of imported animal feed shall apply to the same type of animal feed (name, recognition code, raw material composition, quality, function, form, color) produced by the same production facility and imported by the same importer after three consecutive imports with conformity assessment results confirmed by the inspection agency for exemption from state quality inspection within one year. During the period of exemption and reduction of state inspection of the quality of imported animal feed, organizations and individuals are not required to conduct conformity assessment and declare compliance for each imported consignment.

Organizations and individuals wishing to exempt and reduce state inspection of the quality of imported animal feed under this Clause shall submit the Request for Exemption and Reduction of State Inspection of Imported Animal Feed Quality according to Form No. 17.TACN Appendix I accompanying this Decree to the inspection agency along with the conformity assessment results of the three consecutive imports. Within three working days from the date of receipt of valid documents, the inspection agency shall issue a confirmation document for the product's exemption from quality inspection;

c) During the period of exemption and reduction of state inspection of the quality of imported animal feed, the inspection agency shall implement:

Spot checks on imported consignments when quality complaints or reports about imported goods are discovered or upon request of competent authorities or directives from higher management agencies.

Issuing a notification to suspend the exemption and reduction of inspection if imported goods circulating in the market are found to be non-compliant with national technical regulations and published standards, or when there are complaints or reports about conformity assessment results verified to be true or spot checks on imported consignments show non-compliance with conformity assessment requirements."

"c) Supplement Clause 6 as follows:"

"6. Cases eligible for exemption from state inspection of the quality of imported animal feed include:

a) Temporary import for re-export or re-import for recycling at the request of foreign partners;

b) Animal feed in transit, transshipment, or transfer;

c) Animal feed sent to bonded warehouses from abroad;

d) Animal feed for display at trade fairs, exhibitions, or advertising;

đ) Animal feed for analysis in laboratories;

e) Animal feed for testing to serve trials, appraisals, certification of compliance with national technical regulations, inter-laboratory testing;

g) Animal feed for scientific research;

h) Animal feed for personal import within tax-free allowances;

i) Animal feed imported for urgent needs decided by the Government or the Prime Minister based on proposals from the Ministry of Agriculture and Rural Development."

10. Add Article 18a after Article 18 as follows:

“Article 18a. State inspection of the quality of imported livestock feed after clearance

1. Inspection authority: The Livestock Breeding Department, Provincial Departments of Agriculture and Rural Development under central cities.

2. Content of Inspection:

In accordance with Clause 2, Clause 3 of Article 41; Clause 2, Clause 4 of Article 43 and Clause 2 of Article 49 of the Livestock Law.

3. Frequency of inspection

a) Annual periodic inspection with a frequency not exceeding 01 time for each imported livestock feed product from the same origin; not exceeding 01 time for each importing entity. The selection of products and importing entities for annual inspection shall be based on the following criteria:

For livestock feed products: Nature, function, production facility, country of production, quantity imported, value of imports, and results of quality inspections in the year immediately preceding the inspection year;

For livestock feed importing entities: Quantity imported for each product of the entity, purpose of import; compliance with legal regulations in the year immediately preceding the inspection year;

Other criteria shall be specified in regulatory documents on livestock feed (if any);

b) Spot checks when signs of violations by importing entities are detected, or when complaints or grievances about product quality arise, or upon request of competent authorities or directives from higher management bodies.

4. Inspection procedures

a) The Livestock Breeding Department accesses information on imported livestock feed consignments on the National Single Window Portal to establish the annual inspection program as stipulated in point b of this clause;

b) The annual inspection program includes: Name and address of the importing entity to be inspected, number of products to be inspected, inspection content, inspecting agency, inspection time, and time to report inspection results;

c) Before October 30th of each year, the Livestock Breeding Department notifies the annual inspection program to the Provincial Departments of Agriculture and Rural Development. The inspecting agencies as stipulated in Clause 1 of this Article conduct inspections and prepare Inspection Records according to Model No. 16.TACN Appendix I issued together with this Decree; handle inspection results in accordance with the law.

5. Inspection costs: From the central and local administrative budgets.

6. Implementation organization: The inspecting agencies as stipulated in Clause 1 of this Article organize state inspections of the quality of imported livestock feed after clearance in conjunction with inspections at production facilities, trading facilities, importing facilities, and using facilities for livestock feed.

11. Amend and supplement Clause 2 of Article 19 as follows:

“2. Sample testing of livestock feed for state management must be conducted before the batch of products being tested expires (this does not apply to prohibited substance inspections in livestock feed).

The first inspection result must be reported to organizations and individuals at least 15 days before the batch of products expires (this does not apply to spot checks under laws on inspection and supervision). Within two working days of receiving a complaint from an organization or individual, the inspecting agency must send samples for retesting.”

12. Amend and supplement some clauses of Article 21 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The scale of livestock breeding is determined by the number of animal units at the same time for the types of animals specified in Appendix V issued together with this Decree.”

b) Amend the opening part of Clause 2 as follows:

“2. The scale of livestock breeding is defined as follows:”

c) Amend and supplement Point b Clause 3 as follows:

“b) Medium-sized and small-scale farm breeding must meet the conditions stipulated in Clause 1 of Article 55 and Clause 2 of Article 57 of the Livestock Law.

The Provincial Departments of Agriculture and Rural Development, People's Committees of districts have the responsibility to inspect the breeding conditions of medium-sized and small-scale farm breeding establishments according to the evaluation criteria specified in the Breeding Condition Evaluation Content Table attached to Model No. 04.ĐKCN Appendix I issued together with this Decree. The periodic inspection frequency is once every three years; spot checks are conducted when signs of violations are detected, or when complaints or grievances about the quality of breeding products, breeding conditions arise, or according to directives from higher management bodies.

In case of violation, the medium-sized and small-scale farm breeding establishment must commit to rectifying the situation and ensuring breeding conditions within six months from the date of discovery of the violation and submit a report on the rectification results to the inspecting agency. The inspecting agency will conduct on-site verification of the rectification results if necessary.”

13. Add Clause 4a after Clause 4 of Article 24 as follows:

“4a) The monitoring and maintenance condition assessment is carried out as follows: At least six months prior to the assessment date, the authorized agency as stipulated in Clause 5 of this Article shall notify in writing the organization or individual. Within twenty days from the notification date, the assessment agency establishes an assessment team and conducts an actual assessment of the conditions at the facility according to point b of Clause 1 and Clause 3 of this Article. Within five working days from the end of the assessment, the assessment agency issues the Assessment Result Notification according to Model No. 06.ĐKCN Appendix I issued together with this Decree.”

14. Amend and supplement Clause 2 of Article 29 as follows:

“2. Except where agreements between Vietnam and foreign countries provide otherwise, entry ports for live animal imports into Vietnam include:

a) International airports;

b) Land border crossings: International border gates and main border gates;

c) Special seaports, Class I seaports, Class II seaports, and Class III seaports.”

15. Amend and supplement some clauses of Article 30 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Organizations and individuals producing and trading livestock waste treatment products must declare applicable standards and comply with quality regulations as prescribed by laws on product quality.

Quality indicators of livestock waste treatment products must be declared in the applied standard declaration as specified in Model No. 01.MTCN Appendix I issued together with this Decree.”

b) Amend and supplement Clause 2 as follows:

“2. Organizations and individuals access the Ministry of Agriculture and Rural Development’s electronic portal to self-declare information on livestock waste treatment products before putting them on the market.”

Immediately after self-disclosing product information, organizations and individuals may produce and trade such products and shall be solely responsible for the quality and safety of the disclosed products.

During the period of building and completing the database system to be used for self-disclosure of information on livestock waste treatment products, organizations and individuals must send information about livestock waste treatment products to the Livestock Production Department for consolidation and publication on the Ministry of Agriculture and Rural Development's online portal. Organizations and individuals are responsible for the disclosed information and the quality and safety of the disclosed livestock waste treatment products.

c) Amending and supplementing Clause 3 as follows:

"3. The dossier for disclosing information on domestically produced livestock waste treatment products includes:

a) Information on the production facility of the livestock waste treatment product according to Model No. 02.MTCN Appendix I issued together with this Decree;

b) Disclosed standards and conformity declaration of the product;

c) Quality test result report of the product;

d) Sample label of the product in accordance with the law on product labeling."

d) Amending and supplementing Clause 4 as follows:

"4. The dossier for disclosing information on imported livestock waste treatment products includes:

a) Information on the production facility of the livestock waste treatment product according to Model No. 02.MTCN Appendix I issued together with this Decree;

b) Certificate of Free Sale or equivalent document issued by the competent authority of the exporting country;

c) Information on the composition of raw materials, functions, and usage instructions of the product provided by the producing organization or individual;

d) Disclosed standards and conformity declaration of the product;

đ) Product label sample provided by the producing organization or individual, accompanied by a Vietnamese language label;

e) Quality test result report of the product."

16. Amend and supplement some clauses of Article 31 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Livestock waste treatment products containing new substances that have not been tested in Vietnam for the first time being imported or produced in Vietnam must undergo testing before disclosing product information, except for livestock waste treatment products derived from scientific and technological tasks at the ministry or national level that have been recognized.

In case livestock waste treatment products containing new substances listed in the permitted feed ingredients directory are first produced or imported into Vietnam, they must undergo testing in accordance with point a and point c of Clause 3 of this Article.

The Ministry of Agriculture and Rural Development will issue a list of chemicals, biological preparations, and microorganisms permitted for use in livestock waste treatment products in Vietnam based on the results of testing or recognized scientific and technological tasks, or permission from competent state authorities, or practical reviews, investigations, and assessments."

b) Amend and supplement Clause 3 as follows:

"3. Testing contents include:

a) Evaluation of the composition and quality of the product according to the disclosed standards;

b) Safety assessment for animals and the environment during the use of the product;

c) Assessment of the effectiveness of livestock waste treatment by the product."

c) Amend and supplement Clause 4 as follows:

"4. Recognition of testing results

a) After completing the testing, organizations and individuals prepare a dossier to request recognition of the testing results;

b) The dossier for requesting recognition of testing results includes:

Application for recognition of testing results of livestock waste treatment products containing new substances according to Model No. 03.MTCN Appendix I issued together with this Decree;

Report on testing results of livestock waste treatment products containing new substances according to Model No. 04.MTCN Appendix I issued together with this Decree;

c) Procedures and formalities for recognizing testing results

Organizations and individuals with livestock waste treatment products that have undergone testing must submit one set of dossiers as stipulated in point b of Clause 4 of this Article to the Livestock Production Department.

Within twenty working days from the date of receiving complete and valid dossiers, the Livestock Production Department will establish an evaluation committee including the Livestock Production Department, relevant units, and technical experts. Within five working days from the date of receiving completed dossiers according to the evaluation committee's comments, the Livestock Production Department will examine and issue a Decision recognizing livestock waste treatment products containing new substances that have undergone testing according to Model No. 05.MTCN Appendix I issued together with this Decree. If not recognized, a written response with reasons must be given; d) Within three working days from the date of issuing the Decision recognizing testing results, the Livestock Production Department will publicly announce the Decision recognizing testing results on its online portal. Organizations and individuals are allowed to produce and trade immediately after receiving the Decision recognizing testing results."

"5. Testing facilities must retain testing result dossiers for at least three years after the completion of testing, be responsible for the testing results, and comply with supervisory inspections and checks on testing activities by competent state authorities."

d) Amend and supplement Clause 5 as follows:

17. Supplement Clause 8 and Clause 9 of Article 32 as follows:

"8. Facilities holding a Certificate of Adequate Conditions for Producing Livestock Waste Treatment Products when producing commercial livestock waste treatment products or livestock waste treatment products on order for other organizations and individuals must hand over a copy of the production logbook of each batch to the hiring organization or individual for retention to serve inspection, examination, and traceability purposes.

9. Organizations and individuals hiring facilities holding a Certificate of Adequate Conditions for Producing Livestock Waste Treatment Products to produce commercial livestock waste treatment products must retain the dossier for disclosing product information on the Ministry of Agriculture and Rural Development's online portal, disclose applicable standards, conformity declarations, production logs, and test results to serve inspection, examination, and traceability purposes.

Organizations and individuals hiring facilities holding a Certificate of Adequate Conditions for Producing Livestock Waste Treatment Products to produce livestock waste treatment products on order must retain production logs and test results to serve inspection, examination, and traceability purposes."

18. Supplement Articles 32a, 32b, 32c, 32d, 32đ, 32e, 32g, and 32h after Article 32 as follows:

a) Supplement Article 32a as follows:

a) Add Article 32a as follows:

“Article 32a. Issuance, reissuance, and revocation of the Certificate of Eligibility for Production of Livestock Waste Treatment Products

1. Implementing agency: The Livestock Production Department.

2. Documents required to apply for the Certificate of Eligibility for Production of Livestock Waste Treatment Products include:

a) Application form for the Certificate of Eligibility for Production of Livestock Waste Treatment Products according to Form No. 06.MTCN in Appendix I issued together with this Decree;

b) Description of production facility conditions for livestock waste treatment products according to Form No. 07.MTCN in Appendix I issued together with this Decree;

c) Quality control and biosafety procedures of the production facility for livestock waste treatment products according to Form No. 08.MTCN in Appendix I issued together with this Decree;

d) In cases where the production facility simultaneously produces livestock waste treatment products and supplementary animal feed, the application must include additional documents that meet the requirements set forth in points a and b of this clause and points c and d of Clause 2, Article 10 of this Decree.

3. Procedures for issuing the Certificate of Eligibility for Production of Livestock Waste Treatment Products

a) The production facility shall submit the documents as stipulated in Clause 2 of this Article to the Livestock Production Department. Within ten working days from the date of receipt of all documents, the Livestock Production Department shall review the content of the documents. If the documents do not meet the requirements, the Livestock Production Department shall request the production facility to supplement and complete the documents;

b) If the documents meet the requirements, within twenty working days from the date of receipt of valid documents, the Livestock Production Department shall establish an evaluation team to assess the actual conditions of the production facility according to the provisions in Form No. 09.MTCN in Appendix I issued together with this Decree and prepare an evaluation report according to Form No. 10.MTCN in Appendix I issued together with this Decree. In cases where the facility does not meet the conditions, within six months from the date of the evaluation report, the facility must implement corrective measures and submit a written report on the results of such measures to the Livestock Production Department for re-evaluation of the actual conditions (if necessary).

If the facility meets the conditions, within five working days from the end of the actual condition assessment, the Livestock Production Department shall issue the Certificate of Eligibility for Production of Livestock Waste Treatment Products according to Form No. 11.MTCN in Appendix I issued together with this Decree; in case of refusal, a written response must be provided with clear reasons stated.

4. Production facilities producing both supplementary animal feed and livestock waste treatment products

a) In cases where production occurs on the same production line and equipment: A production facility already holding a Certificate of Eligibility for Production of Animal Feed may produce livestock waste treatment products; a production facility already holding a Certificate of Eligibility for Production of Livestock Waste Treatment Products will have its criteria recognized when applying for a Certificate of Eligibility for Production of Animal Feed;

b) In cases where production occurs on different production lines, the evaluation content shall be carried out according to Forms No. 04.TACN and No. 09.MTCN in Appendix I issued together with this Decree. Overlapping criteria shall only be evaluated once and must be recorded in the Evaluation Report.

5. Documents required to apply for reissuance of the Certificate of Eligibility for Production of Livestock Waste Treatment Products include:

a) Application form for reissuance of the Certificate of Eligibility for Production according to Form No. 06.MTCN in Appendix I issued together with this Decree;

b) Documentation proving changes in information related to organizations or individuals in the Certificate.

6. Procedures for reissuing the Certificate of Eligibility for Production of Livestock Waste Treatment Products

The production facility shall submit the documents as stipulated in Clause 5 of this Article to the Livestock Production Department. Within five working days from the date of receipt of valid documents, the Livestock Production Department shall reissue the Certificate of Eligibility for Production of Livestock Waste Treatment Products according to Form No. 11.MTCN in Appendix I issued together with this Decree; in case of refusal, a written response must be provided with clear reasons stated.

7. The Certificate of Eligibility for Production of Livestock Waste Treatment Products shall be reissued in the following cases:

a) Lost or damaged;

b) Changes in information of organizations or individuals in the Certificate.

8. The Certificate of Eligibility for Production of Livestock Waste Treatment Products shall be revoked in the following cases:

a) Altered or tampered with, causing distortion of the content of the Certificate;

b) The facility no longer meets the conditions stipulated in Article 32 of this Decree and Clause 1, Article 63 of the Livestock Law but fails to rectify the situation within the committed timeframe;

c) The facility engages in other violations prescribed by law requiring the revocation of the Certificate of Eligibility for Production of Livestock Waste Treatment Products.

9. Production facilities producing livestock waste treatment products for non-commercial purposes are exempted from obtaining the Certificate of Eligibility for Production of Livestock Waste Treatment Products.

10. In cases where a production facility has been issued a Certificate of Eligibility for Production of Livestock Waste Treatment Products and subsequently changes the location of the production facility, the organization or individual must follow the procedures stipulated in Clause 3 of this Article.

11. Organizations or individuals applying for evaluation to obtain, reissue the Certificate of Eligibility for Production of Livestock Waste Treatment Products, and ongoing supervision to maintain production conditions for livestock waste treatment products must pay fees as prescribed by laws on fees and charges.

b) Supplement Article 32b as follows:

“Article 32b. Evaluation of Actual Conditions of Production Facilities for Livestock Waste Treatment Products

1. The evaluation of actual conditions of production facilities for livestock waste treatment products includes on-site observation of the facility; review and search for relevant documents and records; other related activities include:

a) Assessment for issuance of a certificate of compliance for production of livestock waste treatment products;

b) Supervisory assessment to maintain production conditions for livestock waste treatment products.

2. The Livestock Production Department shall establish an evaluation team for the actual conditions of production facilities for livestock waste treatment products. The evaluation team shall consist of a team leader at the department level or higher and at least one member with a bachelor's degree or higher in animal husbandry, veterinary science, chemistry, biotechnology, or environmental technology.

3. The frequency of supervisory assessments to maintain production conditions for livestock waste treatment product facilities is every 24 months. In cases where the facility has been evaluated and certified by an organization for system conformity to standards, the maintenance condition inspection period is 36 months. If there are signs of violation of laws or complaints about quality, or if instructed by a superior management authority, the Livestock Production Department will conduct unscheduled inspections and evaluations.

4. The supervisory assessment to maintain production conditions for livestock waste treatment products shall be conducted as follows: Six months prior to the supervisory assessment date, the Livestock Production Department shall notify the organization or individual in writing. Within twenty days from the notification date, the Livestock Production Department shall form an evaluation team and conduct an on-site evaluation of the actual conditions of the facility according to Model No. 09.MTCN in Appendix I issued together with this Decree. Within five working days from the end of the evaluation, the evaluation agency shall issue a Notification of Evaluation Results according to Model No. 12.MTCN in Appendix I issued together with this Decree."

c) Supplement Article 32c as follows:

"Article 32c. Conditions for Purchase and Importation of Livestock Waste Treatment Products

1. Equipment and tools for storing livestock waste treatment products in accordance with the manufacturer’s or supplier’s instructions.

2. Display areas and storage locations for livestock waste treatment products must be separate or not contaminated by plant protection chemicals, fertilizers, or other harmful chemicals; they must meet quality and safety requirements under relevant laws and recommendations from suppliers.

3. Measures to prevent and control harmful organisms."

d) Supplement Article 32d as follows:

“Article 32d. Export and Import of Livestock Waste Treatment Products

1. Documentation and quality of exported livestock waste treatment products must comply with the requirements of organizations, individuals, and importing countries, and be consistent with relevant Vietnamese laws.

2. Imported livestock waste treatment products must undergo state quality inspection in accordance with Clause 1 of Article 32d of this Decree.

Exempted from state quality inspection include: Samples, exhibition items, gifts; temporarily imported goods for re-export; transit goods; goods stored in bonded warehouses; goods processed by Vietnamese enterprises for foreign traders; imported products serving urgent needs as directed by the Government or Prime Minister.

3. Organizations and individuals may import livestock waste treatment products containing chemicals, biological preparations, or microorganisms listed in the Catalogue of Chemicals, Biological Preparations, and Microorganisms Permitted for Use in Livestock Waste Treatment Products in Vietnam.

For imports of livestock waste treatment products containing new substances for testing, scientific research, display at exhibitions, laboratory analysis samples, or production and processing for export purposes, approval from the Ministry of Agriculture and Rural Development is required.

4. Documentation for importing livestock waste treatment products containing new substances for testing, scientific research, display at exhibitions, laboratory analysis samples, or production and processing for export purposes includes: a) An import application form according to Model No. 13.MTCN in Appendix I issued together with this Decree;

b) A research outline or test plan according to Model No. 14.MTCN in Appendix I issued together with this Decree for imports for research or testing purposes.

Proof of participation in exhibitions or trade fairs for imports for display at exhibitions or trade fairs.

An agreement on analytical service between one party being a domestic laboratory or enterprise and another party being a laboratory or enterprise or regulatory body of the exporting country, including a commitment that imported product samples will not be used for commercial activities for laboratory analysis purposes.

A production or processing contract for livestock waste treatment products for export purposes in compliance with Vietnamese laws on importing goods for production or processing for export purposes.

5. The procedure for issuing an import permit for livestock waste treatment products containing new substances is as follows:

a) Organizations and individuals submit documentation as prescribed in Clause 4 of this Article to the Livestock Production Department;

b) Within fifteen working days from receipt of complete and valid documentation, the Livestock Production Department issues an import permit for livestock waste treatment products according to Model No. 15.MTCN in Appendix I issued together with this Decree; refusal must be communicated in writing with reasons provided.

6. The Minister of Agriculture and Rural Development shall examine and decide on the inspection of management and production systems for livestock waste treatment products in the exporting country in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party in the following circumstances:

a) Mutual recognition assessment;

b) Discovery of risks affecting the quality, disease safety, or environment of imported products in Vietnam.”

đ) Supplement Article 32đ as follows:

d) Add Article 32d as follows:

“Article 32d. State inspection of the quality of livestock waste treatment products

1. State inspection of the quality of imported livestock waste treatment products

a) Inspection agency: The Livestock Production Department;

b) Inspection content: Inspection of import documents; on-site inspection of quantity, volume, specifications, packaging, labeling, shelf life, origin, and other sensory indicators of the product; sampling for testing to assess the product's quality and safety;

c) Inspection procedures: Implemented in accordance with the laws on product quality inspection and import goods.

2. State inspection of the quality of livestock waste treatment products in production and circulation on the market

a) Inspection agency: The Livestock Production Department conducts inspections nationwide; the Department of Agriculture and Rural Development conducts inspections within their jurisdiction;

b) Inspection content

Quality inspection content during production includes: Inspection for compliance with announced standards and applicable national technical regulations, and relevant Ministry of Agriculture and Rural Development regulations; inspection of conformity assessment results, labeling, conformity marks, and production process documentation. In necessary cases, the inspection agency may use experts to conduct assessments according to the requirements of the corresponding technical regulations;

Quality inspection content during market circulation includes: Inspection of product labeling in accordance with the law on product labeling; inspection of the display of announced standards and conformity marks as required by law; inspection of storage conditions in accordance with the announced standards or displayed on product labels; inspection for compliance with announced standards, applicable national technical regulations, and accompanying documents.

c) Inspection frequency: Regular inspections not more than once per year for each product from the same origin and manufacturer. Surprise inspections when signs of violations by manufacturers or traders are detected, or when complaints or grievances about product quality are received, or upon request of authorized agencies or directives from higher management bodies.

3. Testing of livestock waste treatment products must be conducted by laboratories designated by the Ministry of Agriculture and Rural Development or registered in accordance with the law. If there are no designated or registered laboratories for livestock waste treatment products, testing shall be carried out at laboratories designated or registered in the feed, veterinary drugs, fertilizers, aquafeed, and aquatic environmental treatment product sectors if appropriate testing methods are available. Where testing methods have not been designated or recognized, the Ministry of Agriculture and Rural Development will decide on the applicable testing method."

e) Supplement Article 32e as follows:

"Article 32e. Handling of test results for livestock waste treatment products' quality

1. Test results for the quality of livestock waste treatment products are the test results of product samples from designated laboratories after calculating the variation of test results specified in Appendix IV issued together with this Decree.

2. Testing of livestock waste treatment product samples for state management purposes must be conducted before the batch of products sampled for testing expires (this does not apply to prohibited substance inspections in livestock farming).

The initial inspection results must be reported to organizations and individuals at least 15 days before the expiration date of the product batch (this does not apply to surprise inspections). Within two working days of receiving a complaint from organizations or individuals, the inspection agency must send samples for testing.

3. Procedures and handling of test results for livestock waste treatment products that do not meet quality standards:

a) Within three working days from the date of receipt of the test results, the inspection agency must notify organizations and individuals of the test results through postal services or electronic means;

b) Within seven working days from the date of receipt of the notification, if organizations and individuals do not file a complaint about the test results, the inspection agency will handle the violation in accordance with the law;

4. Handling of complaints about test results for livestock waste treatment products' quality:

a) If dissatisfied with the test results, organizations and individuals have the right to file a written complaint with the inspection agency;

The inspection agency uses retained samples or takes new samples (if necessary) for retesting disputed indicators at another designated laboratory. These test results serve as the basis for the final conclusion;

b) If organizations and individuals complain about test results conducted by the only designated laboratory in Vietnam, the inspection agency may send samples to foreign laboratories recognized by international or regional organizations or acknowledged by the Livestock Production Department. These test results serve as the basis for the final conclusion;

c) Costs for resolving complaints about test results are borne by organizations and individuals in accordance with the law."

g) Supplement Article 32g as follows:

“Article 32g. Handling of livestock waste treatment products violating quality standards

1. Livestock waste treatment products violating quality standards shall be handled by one or more of the following measures: Quality violations shall be handled by one or several of the following measures:

a) Forced re-export: Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the re-export measure must follow customs regulations and other relevant laws to complete the re-export procedures and submit the re-export dossier to the state management agency for livestock waste treatment product quality inspection;

b) Forced destruction: Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the destruction measure must sign a contract with organizations or individuals having the function of destroying non-compliant goods. The contract content must clearly specify the destruction method for the state management agency for livestock waste treatment product quality inspection to supervise;

c) Forced recycling: Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the recycling measure must recycle the products according to a plan consistent with legal provisions, ensuring that the recycled products meet applicable quality standards and national technical regulations; report the recycling plan and results to the state management agency for livestock waste treatment product quality inspection for supervision when necessary;

d) Forced change of use purpose: Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the change of use purpose measure must change the product's use purpose according to a plan consistent with legal provisions; report the plan and results of changing the use purpose to the state management agency for livestock waste treatment product quality inspection for supervision when necessary;

đ) Forced correction of information: Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the correction of information measure must correct the product information based on actual inspection results on the label or accompanying documentation before circulating the product in the market or using it;

2. Supervision of the destruction of livestock waste treatment products violating quality standards is regulated as follows:

a) The competent authority for administrative violation penalties shall supervise the destruction of livestock waste treatment products violating quality standards for cases within its penalty jurisdiction and record the supervision of destruction according to point c of this clause;

b) The Department of Agriculture and Rural Development shall supervise the destruction of livestock waste treatment products violating quality standards within its jurisdiction or upon request from the Livestock Service;

c) The record of supervision of destruction must include the following information: Legal basis, reasons; time, location; participants; name, type, origin, place of origin, quantity, current status of the product; destruction methods and other necessary contents;

The destruction supervision record must be confirmed by representatives of the participating parties and organizations or individuals whose products are being destroyed;

3. Organizations and individuals with livestock waste treatment products violating quality standards that are subject to the handling measures prescribed in Clause 1 of this Article must bear all related costs for handling;

4. In cases where livestock waste treatment products are ownerless, the People's Committee of the province shall organize the handling and allocate funds for handling.

h) Supplement Article 32h as follows:

"Article 32h. Rights and obligations of production facilities, buyers, importers of livestock waste treatment products and organizations, individuals using livestock waste treatment products

1. Production facilities, buyers, importers of livestock waste treatment products have the following rights:

a) To enjoy state policies related to the production and business activities of livestock waste treatment products;

b) To produce, buy, and import livestock waste treatment products in accordance with this Decree and other relevant laws;

c) To lodge complaints, file reports, and initiate lawsuits related to the production, purchase, and import of livestock waste treatment products in accordance with the law;

2. Production facilities producing livestock waste treatment products have the following obligations:

a) To ensure the conditions for operating livestock waste treatment product production facilities;

b) To establish and implement quality control and biosafety procedures for livestock waste treatment products, ensuring that the livestock waste treatment products comply with announced quality standards and corresponding national technical regulations, ensuring traceability of livestock waste treatment products; retain the quality control and biosafety procedures for livestock waste treatment products;

c) To comply with inspections and quality checks of livestock waste treatment products conducted by authorized state agencies; bear legal responsibility for the quality of livestock waste treatment products produced by the facility;

d) Production facilities must announce the applied standards, announce compliance with corresponding national technical regulations; implement labeling of goods in accordance with the law on labeling; keep records and retain files during production for product traceability; retain samples of livestock waste treatment products for at least 30 days from the date the product expires;

3. Buying and importing facilities of livestock waste treatment products have the following obligations:

a) To ensure the conditions for operating buying and importing facilities of livestock waste treatment products;

b) To comply with legal provisions regarding the quality assurance and origin information of livestock waste treatment products;

c) To apply preservation measures for product quality according to recommendations from producers to maintain the quality of livestock waste treatment products;

d) Only allowed to buy and import types of livestock waste treatment products that have been publicly announced on the Ministry of Agriculture and Rural Development's online portal.

d) Record and retain information on the purchase, importation of livestock waste treatment products during the purchasing and importing process to ensure traceability of origin.

e) Post prices and comply with inspections and checks conducted by competent state agencies.

4. Organizations and individuals using livestock waste treatment products have the following rights:

a) To be provided with full information about the quality, origin, and usage instructions for various types of livestock waste treatment products from the supplying organizations and individuals.

b) To lodge complaints, file reports, and initiate lawsuits related to the use of livestock waste treatment products in accordance with the provisions of the law.

c) To receive compensation for damages in accordance with the provisions of the law.

5. Organizations and individuals using livestock waste treatment products have the following obligations:

a) To comply with legal regulations and guidance from suppliers and manufacturers regarding transportation, storage, preservation, and use of the products.

b) To comply with inspections and checks on product quality by competent state management agencies; cooperate in handling livestock waste treatment products that violate quality and safety requirements as stipulated by law.

19. Amend and supplement some forms and Appendices as follows:

a) Amend Form number 06.TACN in Appendix I, Appendix II, and Appendix V of Decree No. 13/2020/NĐ-CP; Supplement Forms number 13.TACN, 14.TACN, 15.TACN, 16.TACN, 17.TACN, 06.ĐKCN, 01.MTCN, 02.MTCN, 03.MTCN, 04.MTCN, 05.MTCN, 06.MTCN, 07.MTCN, 08.MTCN, 09.MTCN, 10.MTCN, 11.MTCN, 12.MTCN, 13.MTCN, 14.MTCN, 15.MTCN according to the forms attached as Appendix to this Decree.

b) Amend and supplement point a, point b Clause 1 and add Clause 3 Section III Form number 04.TACN in Appendix I as follows:

"a) For production facilities producing complete mixed feed, concentrated feed, and mixed feed supplements:

The content of evaluation according to Sections I and II shall not be supplemented or omitted.

In case the production facility does not have equipment to mix microingredient (premix) separately before mixing with other raw materials or major ingredients to form finished products (except when the facility purchases premix from another production or trading entity), as specified in point a Clause 3 Section I of this Guidance, the facility must provide documentation proving the uniformity of these microingredients in the finished product.

In case the production facility producing livestock feed containing antibiotics does not have equipment or tools to mix veterinary drugs containing antibiotics before production, as specified in point a Clause 9 Section I of this Guidance, the facility must provide documentation proving the uniformity of the antibiotics in the finished product;

b) For traditional feed production facilities and feed supplements: Depending on the production technology and nature of the livestock feed product, the inspection team may reduce evaluation criteria or change evaluation requirements and technical expertise of the responsible person, but must ensure that the production facility can control the quality and safety of the product and trace its origin. These contents must be recorded in the Inspection Report. Specifically, for production facilities fermenting biomass microorganisms, they must comply with the provisions at point d Clause 3 of this Guidance and simultaneously provide documentation proving the safety of the microorganism strains for animals.

3. Handling Evaluation Results

a) Issuing Certificate of Recognition

The facility is eligible to receive a Certificate of Recognition when all evaluation criteria meet the requirements.

b) Supervisory Maintenance Condition Evaluation

The facility maintains its Certificate of Recognition when all evaluation criteria meet the requirements.

The facility must suspend production during the time waiting for rectification if there are two or more Class A criteria not met or seven or more criteria not met.

The facility's Certificate of Recognition will be revoked if it fails to rectify the non-compliant criteria recorded in the inspection report within the committed timeframe."

c) Amend item 9 Section II of the Appendix Table of Conditions Assessment Content accompanying Form number 04.ĐKCN in Appendix I as follows:

"Performing the obligations of livestock farm facilities."

d) Add the phrase "After issuance, please send one scanned copy of the Certificate of Recognition to the Livestock Production Department" and the phrase "In case of reissuance of the Certificate of Recognition, clearly note 'This Certificate of Recognition replaces Certificate of Recognition Number......, dated......'; the Certificate of Recognition reissue number remains unchanged compared to the original Certificate of Recognition number issued" in the Note section of Form number 05.ĐKCN in Appendix I;

đ) Amend the name of Appendix IV as follows: "Allowable Deviation Range for Testing Results of Livestock Feed Quality; Livestock Waste Treatment Products for State Management Purposes."

e) Add item 08 in Appendix VIII as follows:

Article 2. Replacing and abolishing certain phrases, points, clauses, articles, and Appendices of Decree No. 13/2020/NĐ-CP dated January 21, 2020, guiding in detail the Law on Livestock Breeding.

1. Replace the phrase "Copies, photographs of documents proving environmental protection measures confirmed by competent authorities in accordance with laws on environmental protection" with the phrase "Description of basic information that has implemented environmental protection measures in accordance with laws" at point c item number 4 Model No. 02.TACN and item number 3 Section II Model No. 02.ĐKCN.

2. Replace the phrase "Environmental protection plan" with the phrase "Environmental protection permit" at Model No. 04.TACN, Model No. 03.ĐKCN, and Model No. 04.ĐKCN Appendix I.

3. Abolish point c clause 3 Article 18, point c clause 4 Article 19, Model No. 01.MTCN Appendix I, and Appendix IX.

4. Abolish the conclusion content in the Appendix part of Model No. 05.TACN Appendix I.

5. Abolish the evaluation content "Number of livestock units meeting the density requirements of the province/city" at item number 2 Section I part B Model No. 03.ĐKCN and item number 2 Section I appendix Table of breeding conditions assessment contents Model No. 04.ĐKCN Appendix I.

Article 3. Transitional Provisions

1. Organizations and individuals submitting complete registration files for administrative procedures regarding livestock feed and live animal imports before this Decree takes effect shall apply the provisions of the Law on Livestock Breeding, detailed guiding documents of the Law on Livestock Breeding, and related laws at the time of submission of the file. In cases where the provisions of this Decree are more favorable to organizations and individuals, they shall be resolved according to the provisions of this Decree.

2. Livestock waste treatment product production facilities operating before this Decree takes effect may continue operations and complete procedures to obtain a Certificate of Eligibility for Production of Livestock Waste Treatment Products within twelve months from the date this Decree takes effect.

3. Organizations and individuals announcing information about livestock waste treatment products containing new substances before this Decree takes effect shall apply the provisions of the Law on Livestock Breeding, detailed guiding documents of the Law on Livestock Breeding, and related laws at the time of announcement.

4. Livestock feed supplement production facilities already granted a Certificate of Eligibility for Production of Livestock Feed Supplements before this Decree takes effect are permitted to produce livestock waste treatment products on the same production line and equipment used for livestock feed supplements.

5. Production facilities simultaneously producing livestock feed supplements and livestock waste treatment products on the same production line; products used concurrently as livestock feed supplements and for livestock waste treatment shall comply with the provisions of the law on livestock feed.

6. Products used concurrently as livestock feed supplements and for livestock waste treatment that have been announced on the Ministry of Agriculture and Rural Development's online portal in accordance with the law on livestock feed and livestock waste treatment products may be labeled together.

7. The storage of documents and files related to state inspections of imported livestock feed quality; state inspections of imported livestock waste treatment product quality; importation of livestock feed not yet announced on the Ministry of Agriculture and Rural Development's online portal; importation of livestock waste treatment products containing new substances before this Decree takes effect shall be carried out in accordance with point c clause 2 Article 1 of this Decree.

8. State inspections of livestock feed and livestock waste treatment product quality shall be conducted in accordance with this Decree. Where this Decree does not provide for such inspections, they shall be conducted in accordance with laws on product quality and related laws.

Article 4. Effective date

1. This Decree takes effect from the date of issuance.

2. Clause 10 Article 1 of this Decree shall be implemented when the provisions on pre-arrival state inspections of imported livestock feed quality stipulated in Article 18 of Decree No. 13/2020/NĐ-CP are abolished.

3. State inspections of imported livestock waste treatment product quality shall be carried out from the date the national technical regulations on livestock waste treatment products take effect.