Circular No. 66/2011/TT-BNNPTNT detailing certain provisions of the Government's Decree No. 08/2010/NĐ-CP dated February 5, 2010 on feed management

CIRCULAR

Regulations detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on feed management for livestock and poultry

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; and Decree No. 75/2009/NĐ-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008;

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

The Ministry of Agriculture and Rural Development hereby details certain contents regarding the management of feed for livestock and poultry as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars detail certain provisions of Decree No. 08/2010/NĐ-CP
dated February 5, 2010 of the Government on feed management for livestock and poultry.

Article 2. Applicability

These Circulars apply to organizations, individuals within Vietnam and foreigners related to the management, production, business, and use of feed for livestock and poultry within the territory of Vietnam.

Chapter II

PRODUCTION AND BUSINESS OF FEED FOR LIVESTOCK AND POULTRY

Article 3. Conditions for feed production and processing facilities

Feed production and processing facilities must meet the conditions set forth in Article 6 of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on feed management for livestock and poultry. Detailed provisions regarding location, physical infrastructure, and technical staff are as follows:

1. Place

a) Suitable location: convenient for production and business activities; not prone to flooding; not near sources of chemicals or microorganisms that may affect the quality and food safety of feed for livestock and poultry;

b) Enclosed with walls or fixed fences separating from the outside.

2. Layout and factory buildings

a) Layout of factory buildings must facilitate material handling, processing, and storage;

b) There must be sufficient space in the factory buildings to accommodate equipment ensuring ease of operation, cleaning, and safety;

c) Production lines must be arranged reasonably to minimize cross-contamination between production stages;

d) Areas for processing liquid raw materials must be designed to ensure moisture drainage, odor removal, easy cleaning, and disinfection;

đ) Thermal treatment areas must be well-ventilated, heat dissipated, and safe.

3. Factory building structure

a) Factory buildings must have sturdy structures suitable for the nature and scale of production, ensuring safety and fire prevention;

b) There must be a ventilation system capable of removing hot air, steam, and exhaust gases;

c) Walls and roofs must be made of durable materials; factory floors must be hard, flat, load-bearing, non-slippery, and easy to clean;

d) Doors and windows must be constructed of appropriate materials, preventing pests and harmful animals, easy to clean and disinfect.

4. Equipment and tools

a) Machinery and equipment must be installed and operated safely for workers, easily cleaned, maintained, and inspected;

b) Equipment in direct contact with products must be made of suitable, non-toxic, non-rusting materials ensuring feed hygiene;

c) Equipment must be regularly checked and maintained according to technical specifications.

5. Outdoor areas and internal roads

a) Outdoor areas and internal roads must be wide enough to facilitate transportation and material handling;

b) Surfaces of outdoor areas and roads must have appropriate slopes to prevent water accumulation and facilitate cleaning and disinfection.

6. Storage systems

a) Storage systems must be airy, dry, and convenient for raw material and product entry and exit;

b) Raw material and finished feed storage areas must be separate and isolated from flammable and explosive substances and hazardous chemicals;

c) Raw materials must be stored under technical requirements to prevent mold, pests, and damage from insects and rodents;

d) For additives, vitamins, and other supplementary feeds, they must be stored under conditions suitable for each type's technical requirements;

đ) Finished feed must be stored on wooden shelves or materials at heights suitable for warehouse floors, except when the warehouse floor has been designed to resist moisture.

7. Electrical and water supply systems

There must be a safe electrical supply system and a clean water supply system meeting technical requirements for production processes.

8. Technical staff in production and quality control:

a) For livestock and poultry feed production and processing: technical staff must have a diploma or higher in animal husbandry, veterinary science, food processing, or food chemistry;

b) For aquatic feed production and processing: technical staff must have a diploma or higher in food processing, food chemistry, or aquaculture.

Article 4. Conditions for feed business establishments

Feed business establishments must meet the conditions stipulated in Article 7 of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of animal feed. Some detailed provisions regarding location, transportation means, and business tools for animal feed are as follows:

1. The place for displaying and storing animal feed must be well-ventilated, adequately lit, not damp; it must minimize the effects of temperature, humidity, insects, animals, dust, strange odors, and other adverse environmental impacts to ensure the quality of animal feed.

2. There must be accurate weighing equipment that is regularly maintained; containers and measuring tools for animal feed must be clean, free from rust or mold.

3. The places for displaying, storing, and transporting, as well as business tools for animal feed must be separate from plant protection chemicals and other hazardous chemicals.

Article 5. List of animal feeds permitted for circulation in Vietnam

1. Animal feeds included in the List of feeds permitted for circulation in Vietnam (hereinafter referred to as the List) must satisfy one of the following conditions:

a) They have been published with applicable standards, certified as conforming to standards, or certified as conforming to regulations according to the law; they have been confirmed for quality by the Fisheries General Department or the Livestock Production Department;

b) They have been approved for importation by Decision No. 90/2006/QĐ-BNN dated October 2, 2006, Decision No. 65/2007/QĐ-BNN dated July 3, 2007, and Decision No. 88/2008/QĐ-BNN dated August 22, 2008 of the Minister of Agriculture and Rural Development and the List of aquatic feeds permitted for circulation in Vietnam;

c) They have undergone trials and testing recognized by the specialized scientific council established by the Fisheries General Department or the Livestock Production Department;

d) They are the results of scientific research projects recognized by the Scientific Council of the Ministry of Agriculture and Rural Development.

2. Animal feeds will be removed from the List when:

a) During use, it is found to cause harm to production, the environment, food safety;

b) Animal feeds violate quality standards after two consecutive inspections;

c) Animal feeds have exceeded their validity period in the List.

3. Supplementing and adjusting the List

a) Every three months, the Fisheries General Department or the Livestock Production Department shall submit to the Minister of Agriculture and Rural Development for supplementing and adjusting the List of feeds permitted for circulation in Vietnam;

b) The contents of supplementing and adjusting the List of feeds permitted for circulation in Vietnam are specified in Clause 1 and 2 of this Article.

4. Registration dossier for inclusion in the List includes:

4.1. For domestically produced animal feeds

a) A registration form according to Form 3 attached to this Circular;

b) Certified copy of the business registration certificate/investment certificate (only submitted once);

c) Announcement of the applied enterprise standard;

d) Receipt of conformity assessment or compliance assessment according to the law or Decision recognizing new animal feeds issued by the Ministry of Agriculture and Rural Development;

đ) Product label sample.

4.2. For imported animal feeds, specific provisions are set out in Article 6 of this Circular.

5. Validity of the List

The validity of the List of animal feeds is five years from the date the Minister of Agriculture and Rural Development's issuance takes effect. Six months before the expiration of the validity period, organizations and individuals producing and trading in animal feeds may apply to the Fisheries General Department or the Livestock Production Department to re-register in the List if necessary.

6. Dossier for re-registration in the List includes:

a) A registration form according to Form 4 attached to this Circular;

b) Certified copy of the announcement of the applied enterprise standard, receipt of conformity assessment or compliance assessment according to the law or Decision recognizing new animal feeds;

c) Certified copy of the product label.

7. Procedure for processing registration dossiers in the List (including re-registration):

a) Organizations and individuals applying to include animal feeds in the List shall prepare two sets of dossiers and send them directly or through postal service to the Fisheries General Department (for aquatic feeds) or the Livestock Production Department (for livestock and poultry feeds);

b) Within seven working days from the date of receiving the registration dossier, the Fisheries General Department or the Livestock Production Department shall check the dossier content and notify in writing to the applicant about the non-compliant items for supplementation and completion.

c) If the dossier is complete and the product meets the quality requirements, within seven working days, the Fisheries General Department or the Livestock Production Department shall issue a written agreement and submit to the Minister of Agriculture and Rural Development for inclusion in the List. During the waiting period for inclusion in the List, the entity is allowed to produce and circulate the product.

8. Changing information of animal feeds already in the List:

The dossier for changing product information consists of one set, including:

- Application for adjustment of product information (according to Form 5 attached to this Circular);

- Confirmation letter of the adjusted content from the manufacturer.

Within five working days from the date of receiving a valid dossier, the Fisheries General Department or the Livestock Production Department shall issue a written response agreeing or disagreeing with the adjustment of product information.

In case of agreement to adjust product information, the Fisheries General Department or the Livestock Production Department shall submit to the Minister of Agriculture and Rural Development for adjustment of product information in the List. During the waiting period for the Minister of Agriculture and Rural Development to incorporate the adjusted content into the List of feeds permitted for circulation in Vietnam, the enterprise is allowed to continue producing and trading the item.

9. Feeds used for both aquaculture and livestock and poultry farming:

a) When organizations and individuals process registration in the List or adjust related information, they shall submit the dossier to the Fisheries General Department and the Livestock Production Department.

b) The procedures and contents for confirming the quality of feed used in both aquaculture and livestock farming shall be applied similarly to the provisions for other types of feed as stipulated in this Circular.

Article 6. Importation of Feed

1. For feed that is already included in the List of Permitted Feed Circulation in Vietnam, when importing, organizations and individuals shall handle procedures at customs authorities and conduct quality inspection according to Chapter III of this Circular.

2. For feed not included in the List of Permitted Feed Circulation in Vietnam, upon importation, it must have quality recognition from the Fisheries General Department or the Livestock Production Department and conduct quality inspection according to Chapter III of this Circular. Quality recognition shall be carried out through one of the following forms:

a) Quality recognition through review of documentation.

b) Quality recognition through testing (for new types of feed) as prescribed in Clause 7, Article 3 and Clause 1, Article 12 of Decree No. 08/2010/NĐ-CP and Chapter IV of this Circular.

Organizations and individuals importing feed not included in the List of Permitted Feed Circulation in Vietnam must submit one set of application documents for quality recognition to the Fisheries General Department or the Livestock Production Department.

c) The application documents for quality recognition include:

- Application form for quality recognition of imported feed (in accordance with the model prescribed in Appendix 6 issued together with this Circular);

- Free Sale Certificate of goods issued by the competent authority of the exporting country;

- Composition, quality, function, usage instructions, and label of the product provided by the manufacturer;

- Test result certificate of major components and hygiene safety indicators of the feed issued by the manufacturer, which must have one of the certificates of GMP, HACCP, ISO, or equivalent certificates; if the manufacturer does not have any of these certificates, the test result certificate must be issued by the authorized testing agency of the exporting country or recognized by a quality certification organization;

- Certified copy of the Business Registration Certificate or Investment License or Representative Office Establishment Permit of foreign traders in Vietnam of the importer (only submitted once).

The documents may be original or certified copies accompanied by a Vietnamese translation stamped by the importer. If the original document is not in English, the Vietnamese translation must be notarized.

d) Within seven working days after receiving valid application documents, the Fisheries General Department or the Livestock Production Department shall issue a written response to the importing entity regarding the quality recognition request: for products requiring testing, follow Chapter IV of this Circular; for products not requiring testing, the Fisheries General Department or the Livestock Production Department shall issue a quality recognition certificate and submit it to the Minister of Agriculture and Rural Development for inclusion in the List of Permitted Feed Circulation in Vietnam; for applications not recognized, the reasons must be clearly stated. During the waiting period for inclusion in the List of Permitted Feed Circulation in Vietnam, enterprises are allowed to import and trade such items.

3. Importation of feed not included in the List of Permitted Feed Circulation in Vietnam for exhibition at trade fairs: Organizations and individuals importing feed for exhibition at trade fairs must submit an import application to the Fisheries General Department or the Livestock Production Department, clearly stating the name of the feed, quantity, origin, time and place of importation; time and place of the trade fair and disposal plan for the imported feed after the exhibition. The application form follows the model prescribed in Appendix 7 issued together with this Circular. Within five working days after receiving the application for importing feed for exhibition at trade fairs, the Fisheries General Department or the Livestock Production Department shall issue a written response agreeing or disagreeing with the importation. In case of disagreement, the reasons must be clearly stated.

4. Importation of feed not included in the List of Permitted Feed Circulation in Vietnam for production and processing for re-export: Organizations and individuals importing feed for production and processing for re-export under contracts registered with foreign countries must submit one set of application documents to the Fisheries General Department or the Livestock Production Department. The documents include:

- Application form for importation, clearly stating the name of the feed, quantity according to the contract, origin; time and place of importation and re-export.

The application form for importation follows the model prescribed in Appendix 8 issued together with this Circular.

- Contract between the parties in compliance with Vietnamese laws on importation for processing and re-export.

Within five working days after receiving the application for importing feed for production and processing for re-export under contracts signed with foreign countries, the Fisheries General Department and the Livestock Production Department shall issue a written response agreeing or disagreeing with the importation. In case of disagreement, the reasons must be clearly stated.

QUALITY CONTROL OF FEED

Chapter III

INSPECTION OF FEED QUALITY

Article 7. State Inspection of Livestock Feed

The implementation of state inspection of livestock feed is regulated in Article 17 of Decree No. 08/2010/NĐ-CP dated February 5, 2010 of the Government on the management of livestock feed. Details of certain specific contents are as follows:

1. Inspection of conditions for production, processing, and trading of livestock feed is stipulated in Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Ministry of Agriculture and Rural Development on the inspection and evaluation of agricultural material production and trading facilities and agricultural and forestry products.

2. Quality inspection of livestock feed

a) Quality inspection of livestock feed during production, trading, and use:

- Regular quality inspections at production facilities, trading facilities, and using facilities shall be conducted not more than twice a year and must be notified in writing before the inspection.

- Unannounced quality inspections at production facilities, trading facilities, and using facilities may only be carried out with the consent of the head of the competent authority.

- The criteria used for inspecting and evaluating the quality of livestock feed are specified in Appendix 19 attached to this Circular.

b) Quality inspection of exported, imported, recalled, or returned livestock feed.

3. At the end of each inspection round, the inspection team must submit a written report. If there are violations, relevant files must be transferred to the competent inspection authority for examination and handling.

Article 8. Forms and Objects of Quality Inspection

1. Inspections according to regulations apply to:

a) Livestock feed at production facilities, trading facilities, and using facilities;

b) Exported livestock feed to markets requiring quality inspection, confirmation, or certification by the competent authority in Vietnam;

c) Imported livestock feed;

d) Recalled or returned livestock feed;

2. Quality inspection upon request of organizations or individuals.

Article 9. Basis for Quality Inspection

1. Product labels (according to Model 2A and Model 2B issued together with this Circular);

2. Announced standards (minimum technical requirements that must be announced according to Model 1 issued together with this Circular);

3. Corresponding technical regulations; provisions on antibiotics and prohibited substances in livestock farming and aquaculture.

4. In cases of quality inspection, confirmation, or certification upon request, the basis shall be the content of the request from the organization or individual making the request.

Article 10. Application for Quality Confirmation Inspection

1. The enterprise prepares one set of documents and completes the registration procedures with the inspection agency. The documents include:

a) For imported livestock feed:

Three copies of the Quality Confirmation Inspection Registration Form (according to Model 9 issued together with this Circular);

Certified copies of the following documents: Purchase and Sale Contract, Packing List, Invoice, Certificate of Analysis issued by the country of origin for the batch of goods.

b) For exported livestock feed:

Three copies of the Quality Confirmation Inspection Registration Form (according to Model 9 issued together with this Circular); A list of required inspection and confirmation items;

Certified copies of the following documents: Purchase and Sale Contract, Quality Announcement Documentation.

c) For recalled or returned livestock feed:

Three copies of the Quality Confirmation Inspection Registration Form (according to Model 9 issued together with this Circular);

Certified copies of the following documents: Purchase and Sale Contract, Quality Confirmation Certificate of the batch of goods before export (if available), recall notice or return notification specifying the reasons for recall or return.recall notice or return notification stating the reasons for the recall or return.

2. The enterprise submits the application documents directly or sends them via postal service to the Inspection Agency.

3. Upon receipt of the application documents, within three working days, the Inspection Agency reviews and guides the enterprise to supplement missing or non-compliant contents;

If the documents are complete, within three working days, the Inspection Agency confirms the Quality Confirmation Inspection Registration Form, informing the enterprise about the inspection content, agreeing on the time and location for conducting the inspection.

Article 11. Inspection Costs

1. Inspection according to regulations:

a) State budget;

b) Fees and charges as prescribed by current regulations.

2. Inspection upon request:

To be paid for by the organization or individual making the request.

Article 12. Inspection Authority 

1. The Fisheries General Department or the Livestock Breeding Department shall inspect the quality of livestock feed as stipulated in Article 8 of this Circular.

2. The Department of Agriculture and Rural Development or the agency/unit authorized by the Fisheries General Department or the Livestock Breeding Department shall be responsible for inspecting the quality of livestock feed at production, trading, and usage facilities within their jurisdiction as prescribed by law, and for inspecting and confirming the quality of exported, imported, recalled, or returned livestock feed.

Article 13. Quality Confirmation Certificate and Non-Conformity Notification

1. The Quality Confirmation Certificate for Livestock Feed (referred to as the Confirmation Certificate, see Appendix 10) shall be issued by the Inspection Authority to batches with satisfactory inspection results. The Confirmation Certificate is only valid for the batch it was issued for, provided that transportation and storage conditions do not alter the quality of the inspected livestock feed.

The Quality Confirmation Certificate for Livestock Feed shall be issued for cases specified in points b, c, d of Clause 1 and Clause 2 of Article 8 of this Circular.

2. The Non-Conformity Notification (referred to as the Non-Conformity Notice, see Appendix 11) shall be issued by the Inspection Authority to batches with unsatisfactory inspection results.

3. The Confirmation Certificate/Non-Conformity Notice shall be made in three (3) copies: two (2) original copies to be handed over to the enterprise, and one (1) original copy to be retained by the Inspection Authority.

Article 14. Sampling and Analyzing the Quality of Livestock Feed

1. Sampling of Livestock Feed:

a) Must be conducted according to the sampling method recorded in the published standard or the Vietnamese Standard (TCVN 4325:2007);

b) The person taking the sample must have a certificate issued by the Fisheries General Department or the Livestock Breeding Department.

2. Analyzing the Quality of Sampled Livestock Feed:

a) Conducted according to the analysis method recorded in the published standard. In case the published standard does not clearly specify the method or if the analysis method is no longer applicable, the analysis shall be conducted according to TCVN; if there is no TCVN, then it shall be conducted according to the regulations of the Ministry of Agriculture and Rural Development;

b) Must be carried out by laboratories designated by the Ministry of Agriculture and Rural Development.

Article 15. Content of Inspection for Imported Livestock Feed

1. Confirm the Inspection Confirmation Quality Registration Certificate to process customs declaration procedures; once confirmed, the enterprise may transfer goods to the location stated in the Inspection Confirmation Quality Registration Certificate. The goods must remain in their original condition and cannot be produced, traded, or used before receiving the confirmation of quality inspection results.

2. Inspect import documentation, quantity, weight, origin of the product compared to the registration.

3. Inspect packaging specifications, labeling, expiration date, and appearance of the product (Appendix 12).

4. Take samples for quality analysis as required by the Inspection Authority in the Inspection Confirmation Quality Registration Certificate.

Article 16. Content of Inspection for Recalled or Returned Livestock Feed

1. Confirm the Inspection Confirmation Quality Registration Certificate to process customs declaration procedures.

2. Inspect packaging specifications, labeling, expiration date, and appearance of the product (Appendix 12).

3. Inspect the reasons for recalling or returning the livestock feed.

Article 17. Content of feed export inspection

1. Confirming the Quality Inspection Registration Certificate for customs declaration procedures;

2. Inspecting quality announcement files, conformity and compliance standard files;

3. Inspecting packaging specifications, labeling, shelf life, and product appearance (Annex 12);

4. Analyzing quality according to the requirements of enterprises or importing countries and other requirements (if any).

Article 18. Content of feed inspection at production, trading, and usage facilities

1. Implementation of announced standards, conformity announcements, and compliance announcements;

2. Implementation of management measures regarding feed quality;

3. Implementation and results of conformity assessment, labeling, conformity marks, compliance marks, and accompanying documents of products;

4. Sampling feed for quality analysis to check the product's compliance with announced standards, corresponding technical regulations, and other relevant legal provisions.

Article 19. Issuance of Quality Confirmation Certificates

1. From the end of on-site inspection, the Inspection Authority issues a Quality Confirmation Certificate for batches with satisfactory inspection results within the following deadlines:

a) Not exceeding seven working days for mixed feeds and raw materials for feed production;

b) Not exceeding ten working days for feed supplements;

c) In cases where samples must be sent to external laboratories for analysis, the Inspection Authority shall issue a Quality Confirmation Certificate for the batch not later than two working days from the date of receiving the analysis results.

2. The confirmation content must correspond to the inspection content; unconfirmed items that have not been inspected or whose inspection results do not meet the requirements shall not be confirmed. Article 20. Notification of Non-Conforming Batches

1. When there are non-conforming inspection results, the Inspection Authority notifies the enterprise via telephone, fax/e-mail about the inspection results;

2. Within two working days from the notification date, if the enterprise does not appeal against the analysis results, the Inspection Authority sends a Non-Conformance Notice to the enterprise and submits a document to the competent authority for coordinated handling.

Article 21. Provisions and Handling of Non-Conforming Feed

1. Provisions for recalled or destroyed feed:

a) Compulsory recall and reprocessing of feed that does not meet announced quality standards;

b) Compulsory destruction of feed containing prohibited components, expired, or not listed in the permitted circulation directory in Vietnam.

2. The recall and reprocessing or destruction of feed shall be carried out in accordance with the law; supervising entities and units must submit written reports on implementation results to the Fisheries General Administration or the Livestock Breeding Department.

3. Recall of feed:

a) The Inspection Authority issues a non-conformance notice, requiring the production facility to cease circulation, recall, and specify the handling method for non-conforming feed; simultaneously notifying the Department of Agriculture and Rural Development where the feed is located to supervise implementation;

b) The facility with feed subject to compulsory recall bears all responsibilities and costs for recall and remedying consequences caused by the recalled feed;

b) The entity that produces feed subject to mandatory recall shall bear all responsibilities and costs associated with the recall and remedying the consequences caused by the recalled feed During implementation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals report them to the Ministry of Agriculture and Rural Development for review and amendment./..

4. Destruction of feed:

a) The Fisheries General Administration or the Livestock Breeding Department or the Department of Agriculture and Rural Development issues a decision to destroy and notify the facility with feed subject to destruction to carry out the destruction;

b) The Department of Agriculture and Rural Development where the feed subject to compulsory destruction is located establishes a Supervisory Board for the destruction process, including representatives from the Department of Agriculture and Rural Development and related authorities;

c) The facility with feed subject to destruction is responsible for carrying out the destruction in accordance with environmental protection laws and other relevant regulations, bearing all costs for destroying the violating feed.

5. Re-export of feed:

a) Imported feed containing banned substances, toxins, or chemicals harmful beyond permissible levels posing risks to human health, livestock, and the environment shall be subject to re-export orders issued by the Fisheries General Administration or the Livestock Breeding Department based on specific circumstances;

b) Relevant authorities under the Department of Agriculture and Rural Development where the feed is subject to re-export are responsible for coordinating with the Fisheries General Administration or the Livestock Breeding Department and related authorities at the border gate to supervise the re-export process of violating feed;

c) Organizations and individuals importing feed subject to re-export shall bear all responsibilities and costs for re-exporting the violating feed.

Chapter IV

ảoAPPROVAL AND RECOGNITION OF NEW FEED

Article 22. Types of animal feed that must undergo trials

Animal feed must undergo trials as specified in Clauses 1 and 2 Article 12 of Decree No. 08/2010/NĐ-CP dated February 5, 2010, of the Government on the management of animal feed.

The determination of types of animal feed that must undergo trials and the content of each trial in specific cases shall be decided by the General Fisheries Department or the Livestock Production Department. Additionally, such trials may be requested by producers, traders, or users of animal feed.

Article 23. Documents for registering trials

1. Organizations and individuals with animal feed to be tested shall submit two sets of documents to the General Fisheries Department or the Livestock Production Department. Foreign organizations and individuals wishing to register for animal feed trials must have a representative office or representative in Vietnam.

2. The documents for registering trials include:

a) A registration form for trials as prescribed at Appendix 13 attached to this Circular;

b) A trial outline as prescribed at Appendix 14, Appendix 15 attached to this Circular;

c) A trial contract between the entity registering the trial and the unit conducting the trial, which is listed in the recognized list by the Ministry of Agriculture and Rural Development;

d) A commitment letter from the enterprise not to violate regulations on product labeling;

đ) A certified copy of the Business Registration Certificate or Investment Certificate or Representative Office Establishment Permit.

3. Within five working days after receiving the trial registration documents, the General Fisheries Department or the Livestock Production Department shall issue a written response regarding approval or disapproval of the trial. Once complete and valid documents are received, within fifteen working days, the General Fisheries Department or the Livestock Production Department shall establish an Evaluation Board or review and approve the trial outline..

4. For imported animal feed, after obtaining approval for the trial, the organization or unit shall submit an import application for animal feed for trial according to the model prescribed at Appendix 16 attached to this Circular.

Article 24. Conducting Trials

1. Content of trials

a) Determination of quality, chemical composition, and harmful substances in the product at designated laboratories;

b) Assessment of the impact of the product on the growth and development of livestock and aquatic animals and the environment.

2. Requirements for trials

a) Conduct trials in accordance with current relevant legal regulations;

b) For animal feed without established trial standards, trials can be conducted according to procedures proposed by the trial implementation unit, as reflected in the trial registration outline and approved by the General Fisheries Department or the Livestock Production Department. The trial procedure must meet the following requirements:

- Initial inspection: Laboratory analysis of the chemical composition, nutrients, and harmful substances of the trial feed according to the component ratio stated in the quality declaration or on the product label.

- Quality assessment of the feed through trials on animals:

+ Trial duration of at least one breeding cycle for livestock and poultry; one farming season for aquatic animals from seedling to market size; each trial formula must be repeated at least three times.

+ Trial arrangement must be suitable for each type and age of animals:

 For terrestrial animals, trials should be conducted in breeding farms and commercial livestock and poultry farms meeting trial conditions;

For aquatic animals in larval and seedling stages: use cement tanks, glass tanks, or composite tanks;

For commercial aquatic animals, trials should be conducted in cages, rafts, ponds, or lakes.

+ Technical factors must be consistent throughout the trial process:

For livestock and poultry: The quality of the seedlings entering the trial must meet the corresponding technical standards; stocking density must comply with the standard or technical procedures issued by competent authorities; experimental and control groups must have the same care and feeding regimen. The difference between the experimental and control groups is the trial animal feed.

For aquatic animals: Seedling quality must meet the corresponding technical standards; stocking density must comply with standards and regulations; environmental factors: water clarity, temperature, pH, salinity, dissolved oxygen, BOD, COD, NH₃-N, NO₂-N, total hardness, flow rate for cage-raised fish; experimental and control groups must have the same care and feeding regimen. The difference between the experimental and control groups is the trial animal feed..

c) Monitoring indicators include:

-  Growth rate of animals;

- Survival rate and health status of animals through different developmental stages;

- Feed conversion ratio;

- Residual antibiotic and other harmful substance levels in animal products and the environment;

- Other related indicators.

Article 25. Feed Testing Units

1. Conditions for feed testing units:

a) Having the function of conducting feed testing or research on animal feed;

b) Possessing necessary technical facilities to carry out testing;

c) Regarding personnel, having or hiring at least two technical staff with a bachelor's degree in animal husbandry veterinary science or aquaculture.

2. Responsibilities of feed testing units:

a) Drafting the outline and conducting testing;

b) Guiding organizations and individuals with feed for testing to implement the contents of the testing procedures;

c) Being responsible for conclusions regarding products subjected to testing; bearing responsibility for confidentiality according to the requirements of organizations and individuals with feed for testing concerning new feed product technology during and after the testing process; retaining testing records.

In case the testing results are inaccurate, causing losses to the production and business operations of organizations and individuals with feed for testing and users of animal feed, the feed testing unit must bear the responsibility for compensating the testing costs paid by organizations and individuals with feed for testing and compensating for losses incurred during production due to incorrect testing.

d) Within the latest 15 days after completing the testing, the feed testing unit must report the results according to Model Appendix 17 issued together with this Circular to the General Department of Fisheries or the Livestock Production Department and organizations and individuals with feed for testing.

Article 26. Inspection and Supervision of Feed Testing Activities

1. Testing inspection:

a) Regular inspection: The General Department of Fisheries or the Livestock Production Department organizes inspection teams to inspect feed testing activities regularly, at least once during the testing period. The content and time of inspection will be notified in advance to the testing unit and organizations and individuals registering feed for testing.

b) Spot inspection: In cases where necessary, without prior notice, the General Department of Fisheries or the Livestock Production Department organizes inspection teams to directly inspect feed testing work.

2. Supervision of testing:

a) Supervisory body: The supervision of testing is assigned to units or agencies managing fisheries or livestock under the Department of Agriculture and Rural Development in the locality where testing is arranged to conduct. The name and address of the supervisory unit must be reflected in the testing outline and approved by the General Department of Fisheries or the Livestock Production Department.

b) Content of supervision:

- Checking the suitability of necessary procedures in the registration dossier before conducting testing.

- Based on the registration dossier for testing that has been accepted by the General Department of Fisheries or the Livestock Production Department, the following contents are checked:

+ Testing location;

+ Testing duration;

+ Type of animal feed being tested;

+ Livestock and aquatic species being tested;

+ Testing procedure;

+ Technical staff and record books, experimental documents.

At the latest within seven working days from the end of the testing process, the supervisory agency sends the supervision result report to the General Department of Fisheries or the Livestock Production Department for evaluation by the specialized scientific council.

c) Handling and rectification after inspection and supervision:

- Based on the report proposed by the inspection and supervision team, the Director of the General Department of Fisheries or the Director of the Livestock Production Department decides on the revision of contents, measures to rectify, and the rectification timeframe;

- The animal feed testing unit and organizations and individuals with animal feed shall implement the revisions and rectifications decided by the Director of the General Department of Fisheries send a text message Director of the Livestock Production Department, report the rectification results to the General Department of Fisheries send a text message Livestock Production Department in accordance with the specified timeframe;

- Organize re-inspection of the implementation of the contents requiring revision and rectification in animal feed testing as decided by the Director of the General Department of Fisheries or the Director of the Livestock Production Department;

- The inspection and supervision dossier of animal feed testing is retained at the General Department of Fisheries or the Livestock Production Department and included in the dossier when assessing the recognition of new animal feed for the specialized scientific council to have grounds for evaluation.

Article 27. Evaluation of the Results of Testing

1. The application dossier for evaluation and recognition of new animal feed:

After completing the testing process, the organization or individual with the tested animal feed shall submit one set of the application dossier for evaluation and recognition of new animal feed to the Fisheries General Department or the Livestock Production Department, the dossier includes:

- Application form for evaluation and recognition of new animal feed (Annex 18);

- Report on the results of testing;

- Confirmation opinion of the Department of Agriculture and Rural Development regarding the testing process and the usability of the tested animal feed at the local level;

- Monitoring report and inspection records of the tested animal feed, along with the corrective action report or file issued by the testing entity after inspection and monitoring.

2. Evaluation of the Results of Testing

Within 15 working days from the date of receiving the complete application dossier for recognition of the testing results of animal feed, the Fisheries General Department or the Livestock Production Department will establish a specialized scientific council to evaluate the testing results and complete the procedures for recognizing new animal feed.

Article 28. Funding for Testing

1. All funding for testing shall be borne by the organization or individual requesting the testing, including: costs for reviewing the testing outline, conducting the tests, supervising the tests, evaluating the acceptance, and other related costs.

2. Inspection costs during the testing process shall be covered by the state agency conducting the inspection.

Article 29. Recognition of New Animal Feed

After being evaluated by the specialized scientific council and concluding that the quality requirements are met, within 7 working days, the Fisheries General Department or the Livestock Production Department shall issue a decision to recognize new animal feed.

Chapter V

RESPONSIBILITIES AND LIMITATIONS

Article 30. Responsibilities and Authorities of Producers, Sellers, and Users of Animal Feed

1. Responsibilities:

a) Organizations and individuals producing, selling, and using animal feed must comply fully with all regulations concerning safe production, sale, and use of animal feed, ensuring its quality and hygiene. Adhere to inspections and audits conducted by state management agencies.

b) Implement public disclosure and quality control as prescribed;

c) Register for inspection and confirmation of quality as prescribed;

d) Comply with quality inspection procedures as stipulated in this Circular;

đ) Provide technical documentation, relevant files, and facilitate conditions for inspection agencies while performing their duties;

e) Bear legal responsibility for the quality of animal feed produced, sold, exported, imported, recalled, or returned by their establishment;

g) Pay inspection and confirmation fees according to state regulations, even if they do not receive a confirmation certificate or if the batch does not meet quality requirements;

h) Comply with decisions made by competent state management agencies regarding non-compliant animal feed;

i) Not alter product characteristics or labeling information that differs from registered and certified content;

k) Implement appropriate measures for non-compliant animal feed, returned or recalled feed, as required by inspection agencies and competent authorities;

l) Organizations and individuals producing and selling animal feed must fully comply with reporting systems:

- Regularly every six months or upon request, report on the production and sales situation of animal feed to the Fisheries General Department or the Livestock Production Department and the Department of Agriculture and Rural Development where the main office is located, following the model of Annex 20 issued together with this Circular;

- Quarterly or upon request, report on types, quantities, origins, and prices of raw materials and imported/exported animal feed to the Fisheries General Department or the Livestock Production Department, following the model of Annex 21 issued together with this Circular;

m) Organizations and individuals using animal feed must strictly follow the recommended usage procedures provided by suppliers and comply with inspections and audits conducted by state management agencies;

2. Authorities

a) Have the right to request inspection agencies to provide information, regulations, and forms related to inspection and quality certification as stipulated by law;

b) Have the right to appeal to competent authorities at various levels for consideration and resolution.

Article 31. Responsibilities and Authorities of the Personnel Conducting Inspection Work

1. Responsibilities

a) Carry out inspections in accordance with regulations within the assigned scope and as stipulated by law;

b) Adhere to the prescribed inspection procedures and ensure accuracy, honesty, and objectivity during inspections;

c) Maintain confidentiality regarding information related to production and business operations of the inspected entity;

d) Be accountable before the Head of the Inspection Agency and under the law for the results of inspections conducted by themselves; To prevent and combat corruption and other relevant legal provisions on prevention and combating corruption of inspected agencies, organizations, units, and individuals; and the outcomes of such inspections.

2. Authorities

a) Request the entity to provide relevant files and samples for inspection purposes; be permitted to take photographs, copy, and record necessary information to serve inspection activities;

b) Enter and exit production, business, transportation, and usage sites of animal feed for inspection;

c) Prepare records and seal samples for a necessary period to send or report to competent state authorities when evidence indicating that the entity has violated the law is discovered;

d) Propose and recommend measures to address violations concerning product quality, labeling, and related documentation.

Article 32. Responsibilities and Authorities of the Inspection Agency

1. Responsibilities:

a) Conduct inspections and confirm the quality of animal feed in accordance with regulations within the assigned scope and level; ensure accuracy, honesty, and objectivity during inspections and confirmations;

b) Provide forms and guidelines for registering inspection applications (if applicable) in compliance with regulations for enterprises/organizations;

c) Accept inspection registration files, organize inspections, sample collection (if necessary), testing, issue Certificates of Confirmation or Notifications of Non-Conformity according to prescribed procedures, formalities, and legal provisions;

d) Retain inspection and confirmation files for at least two (2) years and produce them upon request by competent authorities;

e) Receive and promptly resolve complaints from enterprises/organizations regarding inspections conducted by the agency in accordance with regulations;

f) Be responsible for the results of inspections; contents of Certificates of Confirmation/Notifications of Non-Conformity;

g) Regularly submit quarterly and annual reports on inspection and quality confirmation activities to the Fisheries General Department or Livestock Breeding Department (if authorized);

h) Collect inspection and confirmation fees and charges;

i) Be accountable to higher-level agencies and under the law for the results of inspections issued by the unit.

2. Authorities

a) Require enterprises/organizations to provide relevant files related to inspections;

b) Require enterprises/organizations to implement corrective actions for batches not meeting quality requirements as stipulated, monitor the implementation;

c) Prepare records and seal products for a necessary period to send or report to competent state authorities when evidence indicating that the entity has violated the law is discovered;

d) Recommend relevant agencies to handle enterprises/organizations failing to comply with inspection regulations.

Article 33. Responsibilities and Authorities of the Department of Agriculture and Rural Development

1. Advise provincial People's Committees and centrally-administered city People's Committees on performing state management functions over animal feed within their respective jurisdictions.

2. Uniformly manage state affairs concerning animal feed in the locality;

3. Inspect, audit, and handle violations related to animal feed quality, product labeling, advertising forms, and usage within the jurisdictional scope; report inspection and audit results to the Fisheries General Department or Livestock Breeding Department;

4. Implement state management over animal feed in accordance with assigned functions and tasks;

5. Conduct inspections and confirm the quality of imported/exported animal feed when authorized;

6. Be accountable under the law for inspection results;

7. Report production and business conditions of animal feed in the locality to the Fisheries General Department or Livestock Breeding Department regularly every quarter, six months, or upon request, and after each round of audits and inspections on animal feed.

Article 34. Responsibilities and Authorities of the Fisheries General Department

1. Directing and guiding specialized activities related to the inspection and confirmation of aquatic feed quality of Inspection Agencies; training and issuing Sampling Certificates for aquatic feed.

2. Conducting inspections and confirming the quality of exported and imported aquatic feed or delegating such tasks to relevant units.

3. Organizing inspections and audits on production, business, use, and state management activities concerning aquatic feed nationwide.

4. Organizing the acceptance of registration files, evaluation, and recognition of Testing Rooms meeting conditions for analyzing chemical, physical, microbiological, and feed quality indicators.

5. Drafting and submitting to the Minister of Agriculture and Rural Development for promulgation the List of aquatic feeds permitted for circulation in Vietnam.

6. Bearing legal responsibility for the results of inspections conducted.

Article 35. Responsibilities and Authorities of the Livestock Production Department

1. Directing and guiding specialized activities related to the inspection and confirmation of livestock and poultry feed quality of Inspection Agencies; training and issuing Sampling Certificates for livestock and poultry feed.

2. Conducting inspections and confirming the quality of exported and imported livestock and poultry feed or delegating such tasks to relevant units.

3. Organizing inspections and audits on production, business, use, and state management activities concerning livestock and poultry feed nationwide.

4. Organizing the acceptance of registration files, evaluation, and recognition of Testing Rooms meeting conditions for analyzing chemical, physical, microbiological, and feed quality indicators for livestock and poultry.

5. Drafting and submitting to the Minister of Agriculture and Rural Development for promulgation the List of livestock and poultry feeds permitted for circulation in Vietnam.

6. Bearing legal responsibility for the results of inspections conducted.

Chapter VI

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Circular takes effect 45 days from the date of issuance.

2. Repealing Circular No. 08/NN/KNKL/TT dated September 17, 1996, issued by the Ministry of Agriculture and Rural Development guiding the implementation of Government Decree No. 15/CP dated March 19, 1996, on the management of livestock feed and Circular No. 02/1998/TT-BTS dated March 14, 1998, issued by the Ministry of Fisheries guiding the implementation of Government Decree No. 15/CP dated March 19, 1996, on the management of livestock feed;

3. Abolishing Decision No. 104/2001/QĐ-BNN dated October 31, 2001, issued by the Minister of Agriculture and Rural Development regarding temporary technical regulations for livestock feed and Decision No. 113/2001/QĐ-BNN dated November 28, 2001, issued by the Minister of Agriculture and Rural Development regarding the List of minimum technical criteria that must be published when establishing standards for livestock feed products. Abolishing contents related to feed testing at Decision No. 18/2002/QĐ-BTS dated June 3, 2002, issued by the Minister of Fisheries regarding the Regulation on Testing and State Certification of Quality for Aquatic Products. 4. This Circular replaces the contents related to inspection and certification of aquatic feed quality stipulated in the "Regulation on Inspection and State Certification of Quality for Aquatic Products" promulgated by Decision No. 650/2000/QĐ-BTS dated August 4, 2000, of the Minister of Fisheries (now the Ministry of Agriculture and Rural Development).

The Head of the Ministry's Office, the Director-General of the Fisheries General Department, the Director of the Livestock Production Department, the Directors of Provincial Departments of Agriculture and Rural Development under central cities and provinces, and the Heads of relevant units, organizations, and individuals shall be responsible for implementing this Circular.

Article 37. Responsibility for Implementation

During the implementation process, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals report to the Ministry of Agriculture and Rural Development for review and amendment./.

During implementation, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals report them to the Ministry of Agriculture and Rural Development for consideration of amendments and supplements. /\.