Circular No. 50/2014/TT-BNNPTNT amending and supplementing certain articles of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing some 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 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

The Minister of Agriculture and Rural Development promulgates this Circular 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.

Article 1. 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 (hereinafter referred to as Circular No. 66/2011/TT-BNNPTNT) as follows:

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

This Circular applies to organizations and individuals engaged in trading and using livestock and poultry feed within the territory of Vietnam.

At the proposal of the Director General of the Fisheries General Department and the Director of the Livestock Production Department,

1. Supplementing Clause 2a:

1. Production batch: is an animal feed product with identical content recorded on the label or attached documentation, including: product name, brand, quality ingredients, production facility name, production address, production date and expiration date, production batch code (if any).

2. Consignment: is animal feed of the same type from one or more production batches produced by the same production facility, imported by the same importing organization in the same consignment and having the same import dossier.

"Article 2a. Explanation of terms

In this Circular, the following terms are understood as follows:
3. Main ingredient in animal feed: is the ingredient that determines the function and nature of the product, specifically:
a) In complete mixed feed and concentrated feed for livestock, poultry, and aquatic animals, the main ingredient is crude protein and total lysine;
b) In other raw materials and animal feed, the main ingredient is the criterion determining the nature and function of the product as declared by the manufacturer and recorded on the product label or technical documentation.
"Article 5. Recognizing animal feed permitted to circulate in Vietnam

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

1. Animal feed permitted to circulate in Vietnam is animal feed recognized as meeting circulation conditions in Vietnam by the Fisheries General Department or the Livestock Service after approval by the Minister of Agriculture and Rural Development. The Fisheries General Department and the Livestock Service are responsible for compiling and announcing the List of animal feed permitted to circulate in Vietnam monthly, and posting it on their respective websites and the Ministry of Agriculture and Rural Development's website for relevant organizations and individuals to access and implement.
2. Animal feed permitted to circulate in Vietnam must meet the following requirements:
a) For animal feed without national technical standards: it must declare applicable standards and have quality consistent with the declared standards;
b) For animal feed with national technical standards: in addition to complying with the provisions set out in point a of Clause 2 of this Article, it must complete conformity declaration according to regulations;
c) It must have trial results on animals:
For complete mixed feed: trial results evaluated by the local evaluation council (organizations or individuals conducting and evaluating trial results according to the trial procedures issued by the Ministry of Agriculture and Rural Development);

For new animal feed: trial results evaluated by the specialized scientific council established by the Fisheries General Department or the Livestock Service.

3. The application dossier for animal feed permitted to circulate in Vietnam includes:
a) For domestically produced animal feed
- Application form for animal feed permitted to circulate in Vietnam (according to the model attached as Appendix 3 to this Circular);

- Business registration certificate or Investment Certificate (certified copy, only submitted once);

- Declaration standard (original or photocopied with confirmation from the manufacturer);

- Test result report (original or certified copy) of quality and safety criteria in the declared standard or corresponding national technical regulation, issued by laboratories designated or recognized by the Ministry of Agriculture and Rural Development (for criteria not yet having designated testing methods). Trial results for complete mixed feed. Conformity declaration acceptance or conformity declaration acceptance according to the law or decision recognizing new animal feed;

- Product label sample (stamped with confirmation from the manufacturer).

b) For imported animal feed, specific provisions are detailed in Article 6 of Circular No. 66/2011/TT-BNNPTNT.
4. The re-application dossier for animal feed permitted to circulate in Vietnam includes:
a) Re-application form for animal feed permitted to circulate in Vietnam (according to the model attached as Appendix 4 to this Circular);
b) Declaration standard (original or photocopied with confirmation from the manufacturer), conformity declaration acceptance or conformity declaration acceptance according to the law or decision recognizing new animal feed;
c) Product label sample (stamped with confirmation from the manufacturer).
5. Procedure for handling the application dossier for animal feed permitted to circulate in Vietnam (including re-application):
a) Organizations and individuals applying for animal feed permitted to circulate in Vietnam shall prepare one set of dossier and submit it directly or through postal service to the Fisheries General Department (for aquatic feed) or the Livestock Service (for livestock and poultry feed).
b) Within three working days from the date of receipt of the application dossier, the Fisheries General Department or the Livestock Service shall be responsible for checking the dossier components and notify in writing the applicant of any missing or incomplete components to be supplemented and completed. If the dossier involves more than ten products, the deadline for checking the dossier components shall not exceed five working days.
b) Within three working days from the date of receipt of the registration dossier, the General Department of Fisheries or the Livestock Production Department shall be responsible for checking the components of the dossier and notifying in writing to the organization or individual registering about the components of the dossier that do not meet the requirements for supplementation and completion. In cases where the dossier includes more than ten products, the time limit for checking the components of the dossier shall not exceed five working days.
c) If the dossier is valid and the product meets quality requirements, within a period not exceeding twelve working days, the General Department of Fisheries or the Livestock Production Department shall issue a decision recognizing the feed as permitted for circulation in Vietnam (in accordance with Form 4A attached to this Circular) after obtaining approval from the Minister of Agriculture and Rural Development. For dossiers involving more than ten products, the processing time for each additional product may be extended by one working day. In cases where a recognition decision is not issued, the General Department of Fisheries or the Livestock Production Department must provide a written response specifying the reasons.
6. Changing information of feed that has been permitted for circulation in Vietnam: Organizations and individuals may only change the information of feed that has been permitted for circulation in Vietnam if such changes do not affect the product's quality, including changing the name, address, phone number, fax number of the organization or individual, the standard announcement number applied, code (trade name), form, size, color of the product. Organizations and individuals requesting to change the information of feed shall submit one set of dossier directly or via postal service to the General Department of Fisheries or the Livestock Production Department, which includes:
a) A request form for changing the information of feed (in accordance with Form 5 issued together with this Circular);
b) A copy of the standard announcement applied, product label sample with confirmation from the manufacturer or importer;
c) The original certificate confirming the content of the change from the manufacturer (for imported feed);
d) A certified copy of the business registration certificate, investment certificate, or confirmation document from the competent state agency (in case of changing the production facility name or trade name of imported feed). If the change of information is approved, within a period not exceeding five working days from the date of receiving a valid dossier, the General Department of Fisheries or the Livestock Production Department shall issue a decision recognizing the change of information of feed permitted for circulation in Vietnam (in accordance with Form 5A issued together with this Circular). In cases where the change is not approved, the General Department of Fisheries or the Livestock Production Department must provide a written response specifying the reasons.
7. Feed used for both aquaculture and livestock farming:
a) When registering feed for circulation in Vietnam or adjusting/supplementing related information, organizations and individuals shall submit the dossier to the General Department of Fisheries and the Livestock Production Department. b) The procedures and contents for registering feed used in both aquaculture and livestock farming for circulation in Vietnam shall be similar to those stipulated for other types of feed in this Circular.

3. Article 6 shall be amended and supplemented as follows:

Article 6. Importation of feed
1. For feed that has already been permitted for circulation in Vietnam, when importing, organizations and individuals shall handle procedures at customs authorities and conduct quality inspection according to Chapter III of Circular 66/2011/TT-BNNPTNT.
2. For feed that has not yet been permitted for circulation in Vietnam, when importing, a decision recognizing the feed as permitted for circulation in Vietnam from the General Department of Fisheries or the Livestock Production Department must be obtained, and quality inspection shall be conducted according to Chapter III of Circular 66/2011/TT-BNNPTNT. Quality recognition shall be carried out through one of the following two methods:
a) Recognition through review of the dossier.
b) Recognition through trial (for new types of feed) as specified in Clause 7, Article 3 and Clause 1, Article 12 of Decree No. 08/2010/NĐ-CP and Chapter IV of Circular 66/2011/TT-BNNPTNT. Organizations and individuals requesting quality recognition for imported feed not yet permitted for circulation in Vietnam shall submit one set of dossier directly or via postal service to the General Department of Fisheries or the Livestock Production Department.
c) The dossier for quality recognition shall include: - A request form for quality recognition of imported feed (in accordance with Form 6 issued together with Circular 66/2011/TT-BNNPTNT); - Certificate of Free Sale (Certificate of Free Sale) or equivalent document of the imported feed issued by the competent authority of the exporting country in accordance with Decision No. 10/2010/QĐ-TTg dated February 10, 2010.

4. Clause 2 of Article 7 shall be amended and supplemented as follows:

"2. Inspection of feed quality
a) Inspection of feed quality during production, trading, and use: Regular inspections of feed quality at production facilities, trading facilities, and usage facilities shall be conducted no more than twice a year, with prior written notice before the inspection; Unannounced inspections of feed quality at production facilities, trading facilities, and usage facilities may only be conducted upon a decision by the head of the competent authority.
b) Inspection of feed quality for export, import, recall, or return. c) The criteria, analytical methods, and permissible error margins for inspecting and evaluating feed quality are specified in Appendix 19 and Appendix 19A issued together with this Circular."

5. Point a Clause 1 Article 10 is amended and supplemented as follows:

"a) In the case of importing feed: - Application for quality inspection confirmation (three copies) (in accordance with Form 9 issued together with this Circular); - A copy of the import contract, packing list, invoice, quality analysis certificate issued by the exporting country for the batch, and the standard announcement applied by the importing entity; feed recognition certificate for circulation in Vietnam; - A copy of the document from the General Department of Fisheries or the Livestock Production Department regarding exemption from quality inspection with a time limit or application of reduced inspection regime (if applicable)."

6. Article 12 is amended and supplemented as follows:

Article 12. Inspection Authorities and Certification Bodies
1. Inspection authorities for feed quality include:
a) The General Department of Fisheries or the Livestock Production Department is responsible for inspecting feed quality in accordance with Article 8 of Circular 66/2011/TT-BNNPTNT.
b) The Department of Agriculture and Rural Development is responsible for inspecting the quality of animal feed at production, business, and usage facilities within its jurisdiction in accordance with the provisions of the law.
2. Competent organizations for conformity certification Competent organizations for conformity certification designated by the General Fisheries Department or the Livestock Production Department to certify the quality of exported and imported animal feed (hereinafter referred to as designated organizations) must meet the following requirements:
a) Be units designated by the Ministry of Agriculture and Rural Development as conformity certification organizations for the field of animal feed in accordance with Circular No. 55/2012/TT-BNNPTNT dated October 31, 2012 of the Ministry of Agriculture and Rural Development (hereinafter referred to as Circular No. 55/2012/TT-BNNPTNT).
b) Have inspection and certification procedures for the quality of exported and imported animal feed that are appropriate to each type of animal feed, which have been reviewed by the General Fisheries Department or the Livestock Production Department.
3. Procedures and formalities for designating competent organizations for conformity certification Competent organizations for conformity certification wishing to participate in activities related to the inspection and confirmation of the quality of exported and imported animal feed shall submit one set of application documents directly or through postal service to the General Fisheries Department or the Livestock Production Department. The application package includes:
a) A request form for participation in the inspection and confirmation of the quality of exported and imported animal feed (according to the model attached as Appendix 22 of this Circular).
b) A certified copy of the decision appointing the organization as a conformity certification organization for the field of animal feed.
c) Inspection and certification procedures for the quality of exported and imported animal feed corresponding to each type of animal feed, issued by the organization applying to participate in the inspection and confirmation of the quality of exported and imported animal feed. Within fifteen working days from the date of receipt of complete applications, the General Fisheries Department or the Livestock Production Department will review the applications, conduct on-site capability assessments if necessary, and issue a decision to designate the competent organization for conformity certification of exported and imported animal feed (according to the model attached as Appendix 23 of this Circular) after obtaining a report seeking approval from the Minister of Agriculture and Rural Development. In case of refusal to designate, the General Fisheries Department or the Livestock Production Department must notify the reasons for refusal in writing to the organization requesting designation.
4. Effectiveness of the designation decision
a) The validity period of the decision to designate a competent organization for conformity certification of exported and imported animal feed is two years.
b) Three months before the expiration of the designation decision, if there is a need, the designated organization shall submit registration documents to the General Fisheries Department or the Livestock Production Department to be re-designated. The application package includes: - A request form for participation in the inspection and confirmation of the quality of exported and imported animal feed (according to the model attached as Appendix 22 of this Circular); - A report on the results of the inspection and confirmation of the quality of exported and imported animal feed conducted by the designated organization during the previous period (according to the model attached as Appendix 24 of this Circular). Within seven working days from the date of receipt of complete applications, the General Fisheries Department or the Livestock Production Department will review the applications, conduct another on-site capability assessment if necessary, and issue a decision to re-designate the competent organization for conformity certification of exported and imported animal feed (according to the model attached as Appendix 23 of this Circular). In case of refusal to re-designate, the General Fisheries Department or the Livestock Production Department must notify the reasons for refusal in writing to the organization requesting re-designation.
5. Rights and obligations of designated organizations
a) Accept registration files for inspection and confirmation of quality from organizations and individuals exporting and importing animal feed as stipulated in Article 2 of Circular No. 66/2011/TT-BNNPTNT;
b) Notify the inspection results to importing organizations and individuals within the prescribed time frame (according to the models attached as Appendices 10 and 11 of Circular No. 66/2011/TT-BNNPTNT);
c) Bear legal responsibility and accountability to the designating authority regarding the results of inspections and confirmations of the quality of exported and imported animal feed;
d) Report the results of inspections and confirmations of the quality of exported and imported animal feed to the designating authority monthly or upon request. Monthly reports are due on the 25th day of each month;
đ) Retain samples and store them for at least ninety days from the date of notification of inspection results to the registering organizations and individuals;
e) Retain inspection files for at least two years;
g) Undergo regular inspections by the designating authority up to twice a year and spot checks;
h) Comply with regulations on penalties for violations as stipulated in Circular No. 55/2012/TT-BNNPTNT and other relevant laws; i) Charge fees and charges for inspections and confirmations of the quality of animal feed according to regulations."

7. Point a Clause 2 Article 14 is amended and supplemented as follows:

"a) Implement the analysis method designated by the Ministry of Agriculture and Rural Development for laboratories. In cases where the test has not been designated, apply the method specified in international standards or national standards (TCVN) or another method decided by the General Fisheries Department or the Livestock Production Department."

8. Add Article 21a:

"Article 21a. State inspection system for the quality of imported animal feed
1. Exemption from quality inspection of imported animal feed in the following cases:
a) Temporary import for re-exported animal feed;
b) Animal feed in transit or transfer;
c) Animal feed stored in bonded warehouses;
d) Animal feed as samples for trade fairs or exhibitions;
đ) Animal feed as samples for laboratory analysis;
e) Animal feed as trial samples.
2. Routine inspection
a) Form of inspection: file review, sensory inspection, and sampling for analysis of from two to five safety criteria and from two to five quality criteria in the published standard applicable or in the corresponding national technical regulation, ensuring the assessment of the safety and quality of the inspected product. The inspection agency or designated organization determines specific criteria and is responsible for the inspection results, quality and safety evaluation of animal feed.
b) This inspection regime applies to imported batches of animal feed not covered by Clauses 1, 3, 4, and 5 of this Article.
3. Temporary exemption from quality inspection
a) Conduct file review, without sensory inspection and sampling for conformity assessment within six months.
b) This inspection regime applies to imported batches meeting all of the following conditions: they are imported animal feed of the same type produced by the same manufacturer, imported by the same importer who has obtained a Quality Confirmation Certificate (according to Appendix 10 of Circular 66/2011/TT-BNNPTNT) for five consecutive imported batches under the regular inspection regime or three consecutive imported batches under the reduced inspection regime within twelve months prior to that time.
c) During the period of temporary exemption from quality inspection, the inspection agency may conduct random inspections if signs of non-compliance with product quality requirements are detected. If non-conforming products are found, the temporary exemption from quality inspection will be terminated at that point.
d) Organizations and individuals importing animal feed that meet the above requirements shall submit the following documents to the General Department of Fisheries or the Livestock Production Department:

- A request for temporary exemption from quality inspection of animal feed (according to Appendix 25 issued together with this Circular);

- A certified copy of the importer's registration file for quality confirmation and the quality confirmation certificate of five consecutive batches meeting the requirements under the regular inspection regime or the quality confirmation certificate of three consecutive batches meeting the requirements under the reduced inspection regime.

Within no more than five working days from receipt of a valid application, the General Department of Fisheries or the Livestock Production Department shall issue a written response to organizations and individuals importing regarding their temporary exemption from quality inspection (according to Appendix 26 issued together with this Circular); in case of non-application of the temporary exemption from quality inspection, the General Department of Fisheries or the Livestock Production Department shall issue a written response stating the reasons.

Organizations and individuals importing shall be responsible for sending a certified copy of the notification of temporary exemption from quality inspection to the designated organization to confirm the exemption on the quality confirmation registration form for each imported batch (according to Appendix 9 issued together with this Circular) as a condition for customs clearance.
4. Temporary Reduced Inspection
a) Form of inspection: file review and sensory inspection to assess the conformity of goods based on information in the file compared to the label or accompanying technical documentation; the integrity, form, and color of the goods. The duration of applying reduced inspection is twelve months. Sampling for quality inspection under this regime will only be conducted when goods are found to be inconsistent with the file, showing signs of safety issues and non-compliance with quality standards such as mold, moisture, damaged packaging, different colors from descriptions, which could adversely affect the quality of the batch.
b) This inspection regime applies to imported batches meeting one of the following conditions:

- They are imported animal feed of the same type produced by the same manufacturer, imported by the same importer who has obtained a Quality Confirmation Certificate (according to Appendix 10 of Circular 66/2011/TT-BNNPTNT) for three consecutive imported batches under the regular inspection regime within twelve months prior to that time;

- They have been confirmed to meet quality and safety requirements by the authorized organization of the country that has signed a mutual recognition agreement with Vietnam in the field of animal feed quality inspection; or by a laboratory recognized by the General Department of Fisheries or the Livestock Production Department.
Organizations and individuals importing animal feed that meet the reduced inspection requirements shall submit one set of documents directly or through postal service to the General Department of Fisheries or the Livestock Production Department, including:

- A request for application of reduced inspection regime (according to Appendix 25 issued together with this Circular);

- A certified copy of the importer's registration file for quality confirmation and the quality confirmation certificate of three consecutive batches meeting the requirements under the regular inspection regime or the certificate confirming compliance with quality and safety requirements issued by the authorized organization of the country that has signed a mutual recognition agreement with Vietnam in the field of animal feed quality inspection, or by a foreign laboratory recognized by the General Department of Fisheries or the Livestock Production Department.

Within no more than five working days from receipt of a valid application, the General Department of Fisheries or the Livestock Production Department shall issue a written response to organizations and individuals importing regarding their application of the reduced inspection regime (according to Appendix 26 issued together with this Circular); in case of non-application of the reduced inspection regime, the General Department of Fisheries or the Livestock Production Department shall issue a written response stating the reasons.

Organizations and individuals importing shall be responsible for sending a certified copy of the notification of reduced quality inspection to the designated organization to conduct inspection according to Point a Clause 4 of this Article.
5. Strict Inspection
a) Form of inspection: file review, sensory inspection, and sampling of all production batches for analysis of at least fifty percent of the safety criteria specified in the corresponding national technical regulation and at least fifty percent of the quality criteria in the published standard applicable and other criteria (if any) as required in writing by the General Department of Fisheries or the Livestock Production Department.
b) This inspection regime applies to imported batches in the following cases:

- The previous import did not meet the requirements for quality and safety as prescribed.

- Goods imported into the country that fall under the list of animal feed with high risks to food safety issued by the Ministry of Agriculture and Rural Development, or those originating from areas currently posing high risks to human health, livestock, and the environment as warned by the Fisheries General Department or the Livestock Production Department;

- There must be a document from the Fisheries General Department or the Livestock Production Department requiring strict inspection when products circulating in the market are found to have quality test results not meeting requirements, or there must be a warning document about unsafe factors for humans, livestock, and the environment from relevant domestic and foreign organizations and individuals.

9. The content stipulated in point 3, Clause 1, Article 27 is annulled.

10. Point a, Clause 1, Article 30 is amended and supplemented as follows:

"a) Organizations and individuals producing and trading in animal feed must comply fully with reporting procedures:

Monthly reports on production and trading activities of animal feed must be submitted regularly on the 5th day of each month or upon request to the Fisheries General Department or the Livestock Production Department and the Department of Agriculture and Rural Development at the location of their main office (in accordance with Form 20 attached hereto);

Quarterly reports on types, quantities, origins, and prices of raw materials and exported and imported animal feed must be submitted regularly on the 5th day of the first month of each quarter or upon request to the Fisheries General Department or the Livestock Production Department (in accordance with Form 21 attached hereto)."

11. Clause 5, Article 34 is amended and supplemented as follows:

"5. To assess and recognize aquatic feed as meeting conditions for circulation in Vietnam."

12. Clause 5, Article 35 is amended and supplemented as follows:

"5. To assess and recognize livestock and poultry feed as meeting conditions for circulation in Vietnam."

13. The Appendices issued together with Circular 66/2011/TT-BNNPTNT are amended and supplemented as follows:

a) Amend Appendices No. 1, 2A, 2B, 3, 4, 5, 9, 19, 20, 21 according to the Appendices issued together with this Circular.

b) Supplement Appendices 4A, 5A, 7A, 7B, 19A, 22, 23, 24, 25, 26 according to the Appendices issued together with this Circular.

Article 2. Transitional Provisions

For applications for recognition of animal feed permitted to circulate in Vietnam and applications for changes in information of recognized animal feed received by the Fisheries General Department or the Livestock Production Department before the effective date of this Circular, they shall be processed in accordance with Circular 66/2011/TT-BNNPTNT.

Article 3. Effectiveness

This Circular takes effect from February 7, 2015.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

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