Nghị định 08/2010/ND-CP

DECREE

ON MANAGEMENT OF LIVESTOCK FEEDS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Law on Fisheries;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the November 29, 2005 Law on Enterprises;
Pursuant to the July 12, 2006 Law on Standards and Technical Regulations;
Pursuant to the November 21, 2007 Law on Product and Goods Quality;
Pursuant to the March 24, 2004 Ordinance on Animal Breeds;
At the proposal of the Minister of Agriculture and Rural Development,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for production, trading, export, import, assay and accreditation of livestock feeds; state management, examination, inspection and administrative violations in the domain of livestock feeds.

Article 2. Subjects of application

This Decree applies to domestic and foreign organizations and individuals engaged in livestock feed-related activities in the Vietnamese territory.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Livestock feed means products livestock eat or drink which are fresh, live or have gone through the processing or preservation stage, including livestock feed materials or individual feeds, complete compound feeds, concentrated feeds, supplementary feeds, feed additives, premixes, active ingredients and carriers.

a/ Livestock feed material or individual feed means feed used to supply one or more than one nutrient in feed rations for livestock:

b/ Complete compound feed means a mixture of different feed materials combined based on a certain formula to supply sufficient nutrients for maintaining the life and productivity of livestock in each stage of growth or production cycle without any other feeds but water;

c/ Concentrated feed means a mixture of livestock feed materials which have a content of nutrients exceeding livestock's needs and are used for mixing with other materials to constitute complete compound feed;

d/ Supplementary feed means individual materials or a mixture of different materials added to feed rations for balancing nutrients necessary for livestock;

e/ Feed additive means a substance with or without nutritious value which is added to livestock feed in the process of processing or treatment for maintaining or improving a certain property of livestock feed;

f/ Premix means a supplementary feed being a mixture of one or more than one active ingredient and a carrier;

g/ Active ingredient means a micro-nutrient, growth or reproduction stimulant or a substance with another biological function which is introduced into a livestock body through feed or water;

h/ Carrier means a substance eatable by livestock which is used for mixing with active ingredients in premix without affecting livestock health.

2. Livestock means cattle, poultry, honey bee, silkworm and aquatic animals raised by humans.

3. Livestock feed production means the performance of one, several or all activities of production, processing, packing, preservation and transportation of livestock feeds.

4. Livestock feed trading means activities of trading in livestock feeds of all kinds.

5. Livestock feed processing means a process of performing one or all stages of livestock feed production for turning out products at the request of ordering parties.

6. Livestock feed producer means an organization or individual producing livestock feeds for commercial purposes.

7. New livestock feed means a feed imported or discovered and produced for the first time in Vietnam which contains active ingredients not yet assayed in Vietnam.

8. Livestock feed hygiene and safety means necessary conditions and measures to ensure that livestock feeds do not harm livestock health, livestock product consumers and the environment.

Article 4. State policies on livestock feeds

1. Investing in research, training, industrial and agricultural extension, and transfer of scientific and technical advances on nutrition and livestock feed processing.

2. Planning livestock feed material production zones; encouraging the exploitation and processing of supplementary feeds from domestic materials to reduce imports.

3. Supporting the capacity building of analysis laboratories to serve livestock feed examination, inspection and quality control; supporting funds for livestock feed examination, inspection, quality control, hygiene and safety.

4. Applying post-harvest technologies to the preliminary processing and preservation of domestic livestock feed materials.

5. Supporting enterprises in accessing bank loans for investment in equipment of livestock feed analysis and quality inspection laboratories and in land areas for building special-use warehouses and ports for livestock feed export and import.

Article 5. Prohibited acts in the domain of livestock feeds

1. Producing, trading in or using livestock feeds outside the list of livestock feeds permitted for circulation in Vietnam or on the list of livestock feeds banned from production and circulation in Vietnam, promulgated by the Ministry of Agriculture and Rural Development.

2. Producing, trading in, importing or marketing livestock feeds unconformable with relevant technical regulations promulgated by the Ministry of Agriculture and Rural Development.

3. Trading in and advertising livestock feeds for which applicable standards have not been notified or which have not yet been certified to be standard or regulation conformable.

4. Providing or making untruthful information and advertisement on the quality and origin of livestock feeds.

5. Other acts of violation as provided for by law.

Chapter II

PRODUCTION AND TRADING OF LIVESTOCK FEEDS

Article 6. Conditions on livestock feed producers and processors

A livestock feed producer or processor must satisfy all the following conditions:

1. Processing a livestock feed production business registration certificate issued by a competent state agency.

2. Having workshops, equipment and technological processes for producing livestock feeds up to quality standards regulated by the Ministry of Agriculture and Rural Development.

3. Having its own livestock feed quality analysis and test laboratory or hiring an analysis and test facility accredited by a competent state agency.

4. Having environmentally friendly waste treatment systems; satisfying labor safety and environmental sanitation conditions under the labor and environment laws.

5. Having its technical staff possessing an intermediate or higher training degree in relevant disciplines who meet requirements of livestock feed production and quality control technologies.

Article 7. Conditions on livestock feed traders

A livestock feed trader must satisfy all the following conditions:

1. Possessing a livestock feed business registration certificate issued by a competent state agency.

2. Having shops with clear signboards and addresses.

3. Having storage or transportation tools, equipment and facilities suitable to each kind of livestock feed products and commodities; having showrooms ensuring livestock feed hygiene and safety under law.

Article 8. Responsibilities of livestock feed producers

1. To notify applicable standards or standard or regulation conformity under regulations.

2. To record and keep production diaries for at least 3 years.

3. To test and keep test results and samples of materials and products upon delivery; to preserve samples for one year from the expiry date of products.

4. To display quality information on labels or packings or enclosed documents under law.

5. To recall and dispose of livestock feeds of inferior quality and compensate for damage caused to animal farmers.

6. To submit to inspection of production conditions and product quality under law.

7. To report on livestock feed-related activities at the request of state management agencies.

Article 9. Responsibilities of livestock feed traders

1. To check the origin, labels or standard-/ regulation-conformity stamps of products and documents on livestock feed quality.

2. To take quality control measures to ensure the quality of livestock feed commodities.

3. To submit to inspection of livestock feed business conditions and quality under law.

4. To publicly post up livestock feed prices and submit to price inspection under law.

5. To treat and recall livestock feeds of inferior quality or destroy livestock feeds which are harmful to livestock or affect the quality of animal products or food hygiene and safety.

Chapter III

EXPORT AND IMPORT OF LIVESTOCK FEEDS

Article 10. Export of livestock feeds

Livestock feed exporters shall themselves establish and apply their own management systems to ensure their products' satisfaction of importers' quality requirements and compliance with Vietnamese law.

Article 11. Import of livestock feeds

1. Organizations and individuals may import only livestock feeds on the Agriculture and Rural Development Ministry's list of livestock feeds permitted for circulation in Vietnam.

2. When importing livestock feeds outside the above list, importers shall abide by the following regulations:

a/ If importing livestock feeds for assay, they shall obtain the Agriculture and Rural Develop­ment Ministry's written approval and conduct assay under Clause 1, Article 12 of this Decree;

b/ If importing livestock feeds for testing or production and processing for re-export under contracts registered with foreign parties or for display at fairs or exhibitions, they shall Obtain the Agriculture and Rural Development Ministry's written opinions and submit to examination by competent state agencies.

3. Livestock feed importers shall take responsi­bility before law for the quality and labeling of livestock feeds; recall and dispose of livestock feed commodities of inferior quality and compensate for damage caused to livestock fanners.

4. The order of and procedures for import of livestock feeds comply with current law.

Chapter IV

ASSAY AND ACCREDITATION OF LIVESTOCK FEEDS

Article 12. Assay of livestock feeds

1. New livestock feeds are subject to assay. The Ministry of Agriculture and Rural Development shall specify assay contents, order and procedures.

2. New livestock feeds are not subject to assay if they are outcomes of researches accredited as technical advances by the Ministry of Agriculture and Rural Development.

3. An livestock feed assay establishment must satisfy all the following conditions:

a/ Having registered livestock feed assay with a competent state agency;

b/ Having an appropriate location ensuring animal health hygiene and environmental sanitation under law;

c/ Having physical foundations and equipment suitable to assay of each kind of livestock feeds;

d/ Having its own or hiring technical staff with university or higher degree in relevant livestock raising, livestock raising-animal health or aquaculture.

Article 13. Accreditation of new livestock feeds

1. New livestock feeds may be accredited only when meeting all the following requirements:

a/ They are accompanied with assay results of assay establishments;

b/ They are proposed for accreditation and have assay results evaluated by a specialized Science Council set up by the Ministry of Agriculture and Rural Development;

c/ They are accompanied with accreditation decisions of the Ministry of Agriculture and Rural Development.

2. The Ministry of Agriculture and Rural Development shall accredit new livestock feeds and add them to the list of livestock feeds permitted for circulation in Vietnam.

Chapter V

STATE MANAGEMENT OF LIVESTOCK FEEDS

Article 14. Contents of state management of livestock feeds

1. Formulating plannings and plans on livestock feed production and use.

2. Promulgating, and organizing the implementation of. legal documents on livestock feed management, production process, standards, regulations and incentive mechanisms and policies.

3. Assaying and accrediting new livestock feeds.

4. Collecting and managing information and data on livestock feeds.

5. Researching and applying advanced sciences and technologies to activities in the domain of livestock feeds.

6. Investing in and developing assay and testing systems to meet livestock feed production and business and livestock feed quality state management requirements.

7. Providing training and retraining and issuing certificates to human resources performing the state management of livestock feeds.

8. Propagating and disseminating knowledge and experience in livestock feed production, management and use.

9. Examining and inspecting the observance of state regulations, and settling complaints, denunciations and disputes related to livestock feeds.

10. Implementing international cooperation in the domain of livestock feeds.

Article 15. Responsibilities of state management of livestock feeds

1. The Government shall perform the unified state management of livestock feeds.

2. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Agriculture and Rural Development in performing the state management of livestock feeds.

3. The Ministry of Agriculture and Rural Development shall:

a/ Assume the prime responsibility for, and coordinate with concerned ministries and branches in. formulating plans, plannings and policies on livestock feed development and use nationwide;

b/ Elaborate and promulgate or submit to competent authorities for promulgation, and organize the implementation of, legal documents on livestock feeds;

c/ Assay and accredit new livestock feeds;

d/ Collect and manage information and data on livestock feeds;

e/ Plan and direct examination and inspection and handle violations in livestock feed production and use;

f/ Propagate and disseminate legal documents on livestock feeds;

g/ Implement international cooperation in the domain of livestock feeds;

h/ Manage livestock feed production, export, import and trading;

i/ Conduct state examination and inspection of livestock feeds.

4. Provincial-level People's Committees shall:

a/ Formulate plans on livestock feed development and use in localities;

b/ Direct and guide effective use of livestock feeds without polluting the environment;

c/ Promulgate incentive policies for local enterprises to raise the quality and competitiveness of livestock feeds. Direct local functional agencies in formulating and implementing local programs to raise the productivity, quality and competitiveness of livestock feeds;

d/ Propagate, disseminate and guide laws and provide information on the quality of livestock feeds for producers, traders and consumers;

e/ Work out plans, examine, inspect, and handle violations in the domain of livestock feeds in localities.

Article 16. Funding sources for livestock feed management

1. State budgets at all levels.

2. Charges and fees in the domain of livestock feeds.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with concerned agencies in, guiding the collection, remittance, management and use of charges and fees in the domain of livestock feeds.

Chapter VI

INSPECTION, EXAMINATION AND ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIVESTOCK FEEDS

Article 17. State examination of livestock feeds

1. Examination contents:

a/ Satisfaction of conditions on livestock feed producers and traders specified in Articles 6 and 7 of this Decree;

b/ Notification of applicable standards and standard or regulation conformity;

c/ Application of livestock feed quality management measures;

d/ Assessment and assessment results of conformity, labeling, affixture of standard or regulation conformity stamps, and documents accompanied with products;

e/ Sampling of livestock feeds for examining product conformity with notified standards or relevant technical regulations.

2. Examination:

a/ Regular examination shall be conducted not more than twice a year and must be notified in writing, or irregular examination shall be conducted upon detecting signs of violation;

b/ The sampling of livestock feeds for quality examination will be valid only when sample takers possess livestock feed sampling certificates issued by the Ministry of Agriculture and Rural Development. After sampling, records must be made and sealed samples of each kind of products must be kept at establishments;

c/ Livestock feed quality shall be analyzed and tested only at laboratories designated by the Ministry of Agriculture and Rural Development.

Article 18. Livestock feed inspectorate

1. The livestock feed inspectorate is a specialized inspectorate.

2. The organization and operation of the livestock feed inspectorate comply with the law on inspection.

3. Quality inspection of livestock feeds covers inspection of the observance of the law on livestock feed quality, proposal for application of measures to prevent and stop violations of the law on livestock feed quality.

Article 19. Tasks of the specialized livestock feed inspectorate

1. To work out livestock feed inspection programs, plans and jobs and submit them to competent agencies for decision.

2. To provide livestock feed inspection-related professional training for specialized inspectors.

3. To receive complaints and denunciations, verify, make conclusions and propose measures to settle complaints and denunciations under law.

4. To inspect and make conclusions on the implementation of the law on livestock feeds.

5. To sanction livestock feed-related administrative violations in accordance with law.

6. To report and propose to heads of agencies of the same level and superior inspectorates on inspection results and post-inspection handling measures.

7. To perform other tasks provided for by law.

Article 20. Powers of the specialized livestock feed inspectorate

1. To inspect livestock feed producers, traders and users.

2. To request concerned individuals and organizations to provide information and documents necessary for inspection work.

3. To suspend from production, trading and use livestock feeds when detecting signs of violation.

4. To impose sanctions in accordance with the law on handling of administrative violations.

5. To exercise other powers provided for by law.

Article 21. Administrative violations in the domain of livestock feeds

1. Violations of the law on livestock feed production and trading include:

a/ Failing to notify quality standards;

b/ Failing to assay new livestock feeds before they are put into trading or use;

c/ Producing or trading in livestock feeds which are fake, unconformable with notified standards, of inferior quality or expire;

d/ Violating the provisions of Article 5 of this Decree.

2. Violations in livestock feed management, testing, inspection and assay

a/ Conducting livestock feed testing, inspection or assay without permits;

b/ Obstructing lawful activities of livestock feed testing, inspection, assay, management, production or trading;

c/ Refusing to accredit new livestock feeds when all the required conditions are satisfied;

d/ Conducting untruthful testing, inspection or assay;

e/ Breaching other obligations in livestock feed management, testing, inspection or assay.

3. Violators of the provisions of this Decree shall, depending on the severity and nature of their violations, be handled under current law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 22. Effect

This Decree takes effect on March 25, 2010, and replaces the Government's Decree No. 15/CP of March 19, 1996, on management of livestock feeds.

Article 23. Implementation guidance

The Minister of Agriculture and Rural Development shall guide articles and clauses assigned to it under this Decree.

Article 24. Implementation responsibility Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, and concerned organizations and individuals shall implement this Decree.-