Governmental Decree No. 15/CP on Feed Management

Government of Vietnam No: 15/CP SocialistRepublicof Vietnam Independence - Freedom - Happiness Hanoi, 19 March. 1996 GOVERNMENTAL DECREE ON FEED MANAGEMENT GOVERNMENT OF VIETNAM Based on the law ofGovemment organization, dated 30 September, 1992. To improve State managerial efficiency on utilisation of animal feeds. Proposed by the Minister of Agriculture and Rural Development (MARD) and the Minister of Aquatic Production (MAP). THE DECREE Article 1: The terminologies in this Decree should be understood as follows: 1. Domestic animals are deemed to include: Cattle, buffalo, sheep, goats, pigs, poultry, honey bees, silk worms and fresh water fish and arthropods. 2. Commercial animal feeds are considered the products of feed industry processing units. They comprise nutrients from processed plant material, animal byproducts, microorganism products, macro and trace minerals and other supplementary chemical compounds. 3. Feed raw materials include all ingredients used in feed production. 4. Supplementary feeds and micro ingredients are considered as balancing components-injhe total ration. 5. Complete concentrate feeds are those mixed according to feed formulations, intended to provide all the necessary ingredients for growth and production, with the exception of the requirement for water. 6. Protein rich feedstuffs are considered those with more than 35 per cent crude protein per kilogram ofdry matter. 7. Premix concentrate feed is considered to be mixed feed rich in crude protein, minerals and vitamins, and could include supplementary amino acids, antibiotics or other additives. 8. Premix supplements are considered mixtures ofmicro-nutrients and additive substances. 2 9. The daily ration is the amount of feed required to meet the nutrient needs ofthe animal in different states ofgrowth or production. It includes the neods for maintenance. growth or production. 10. Commercial feeds are considered the commercial feed products traded in the open market. Article 2: Government regulates the management of animal feed production. animal feed marketing and animal feed import and export. in order to protect the rights of consumers, producers and traders. Article 3: Government contributes investment budgets in order to: 1. Strengthen the technical expertise and facilities for the official management of feed quality control. 2. Train personnel to monitor and evaluate animal feed quality, and to define animal feed quality standards. Article 4: The State administers credit policies suited to support organisations or individuals who produce animal feeds, through renewal of plant and equipment and technological information, to achieve stepwise modernisation ofthe animal feed industry. Article 5: Organisations or individuals from Vietnam or overseas who produce animal teeds in the territory of Vietnam must satisfy the conditions as follows: 1. Operate at a location with adequate structures and technical facilities to meet feed quality standards and the requirements of good animal-health -and environmental hygiene. 2. Be able to satisfy the conditions and requirements of feed quality control prior to feed sale from the producers premises. 3. Possess the technical capability to meet the demands ofproduction technology and feed quality control. Article 6: Organisations or individuals who produce commercial animal feeds must obtain a business license in accordance with the requirements of the law. 3 Article 7: Organisations or individuals who produce commercial animal feeds must register the declared feed quality standard in accordance with the requirements of the law. Article 8. Prior to delivery animal feed must be quality tested, the result recorded and a sample retained for observation. Article 9: Only feed types which have been registered according to their standard quality and name may be produced by licensed organisations or individuals. Article 10: Trade or production of toxic products must not take place at the same time and in the same location as the production and storage of animal feeds. Article 11: The name of the registered organisation or individual producer or trader of animal feeds must he displayed at the production unit. Article 12: The following errors in animal feed production and trading are specifically prohibited: 1. Poor quality animal feeds or out dated feeds. 2. Unregistered feeds or unlicensed production, 3. Non-standard packaging or unlabelled feeds. 4. Feeds in the prohibited list published by the Minister of Agriculture and Rural Development and the Minister of Aquatic Production. 5. Feeds which have excessive concentrations ofhormones, hormone inhibitors or substances over the standard indices. Article 13: Commercial feed must be packaged in standard packing and correctly labelled. Bulk feed must be accompanied by the quality certificate, according to the contract, stating production date and expire date. 4 Article 14: Micro-nutrients and micro-supplements must be packaged in standard packing. Article 15: Product names must be indicated in Vietnamese according to the regulations of the Ministry of Agriculture and Rural Development and the Ministry of Aquatic Products. Additional labeling in other languages is permitted. Article 16.. Feeds which contain non nutritive supplements intended for diagnostic or preventative treatment of diseases, must be clearly labeled with the name and content of such substances, together with specific instructions on their use, including dose rates and expire dates. Article 17: Only feeds which have received a quality certificate from the authorities may be publicly advertised. Article 18: Organisations or individual producers who wish to import or export feeds require the appropriate permission specified in the Agromex Product Law. Article 19: The import of animal feeds or feed raw materials which are injurious to human or animal health or are hazards to environmental pollution are specifically prohibited. A declared list of specifically prohibited feeds or feed raw materials for import will be issued by the. Minister of Agriculture and Rural Development and the Minister ofAquatic Production in January ofeach year. Article 20: The Minister of Agriculture and Rural Development and the Minister of Aquatic Production assume the responsibility for implementation of State management of animal feeds throughout the country. Their duties include: 1. To develop a policy to encourage the production of high quality animal feeds and submit this to the Prime Minister for confirmation and final declaration. 2. To carry out the State management aspects of animal feed production and trading. 3. To establish and declare Vietnamese Feed Quality Standards for the official regulatory authority. 5 4. To monitor and evaluate the application of feed quality control. 5. To declare annually the prohibited list of animal feeds and feed raw materials. 6. To act as Co-Chairman with the Ministry ofPlanning and Investment to submit the plan for animal feed processing and feed production to the Government. To provide information and guiding documentation to different branches of Government, both at Central and Provincial levels on animal feed management. Article 21: Provincial People's Committees and People's Committees ofCentral Cities are responsible for the implementation and direction of feed management activities at the local level through the State management system for both Agriculture and Aquatic production, as follows: 1. To organise feed management at the local level in accordance with the directions from the Ministry of Agriculture and Rural Development, for livestock feeds, and the Ministry of Aquatic Production for aquaculture feeds. 2. To distribute locally the guiding documents concerning State management of animal feeds. 3. To adjudicate on the provision or withdrawal of business licenses for the production and trading of animal feeds locally in their area ofjurisdiction. 4. To investigate and rectify identified shortcomings in feed management in accordance with the regulations. Article 22: Final decisions on the Office in charge of the State management of animal feeds remain functions and responsibilities of the Minister of Agriculture and Rural Development and Minister of-Aquatic Production -in-their respective fields. Article 23: The State management office in charge of feed quality control has the responsibility: 1. To regulate feed quality in feed production, feed trading and use of feeds in animal husbandry. 2. To solve the problems ofcontroversies concerning feed quality between the producer and the consumer. 3. To evaluate feed quality and to provide feed quality certificates, as required by their function and responsibility, or propose to the official authority to provide the feed quality certificate. 6 Article 24: The Feed Quality Control Office has the right to send their staffto the feed production and feed trading organisations to monitor and collect feed samples and other documentation, according to the rules for evaluation of feed quality. Feed sampling for quality control can be made at all times. even when the Director of the organisation is absent. The sampling officer is required to leave a sampling notice, together with a duplicate sealed sample of the sample collected. Article 25: The State Feed Quality Control Office has the responsibility to investigate complaints concerning feed quality test results and to seek resolution. in the case of disputes regarding decisions of the State Feed Quality Control Office, decisions ofthe State Feed Quality Control Office ofMARD or MAP are final. Article 26: Payment for feed quality analysis is the responsibility ofthe organisations or individuals who produce or trade animal feeds. Article 27: When feeds do not meet the standard quality requirements, the State Feed Quality Control Office is empowered to halt feed distribution and trading. Where there are serious deficienc ies, which pose a danger to animal health, distribution is banned, feeds can be confiscated and the information announced publicly. Article 28: Organisations or individuals who contribute consistently good results on feed management through production, trading or research on animal feeds, will be rewarded. Contravention of this Decree will be punished according to the law, dependent upon the level ofdamage caused to the State, to organisations or to individuals. Article 29: State management offices and individuals in charge ofthe resolution of feed quality control matters must exercise their responsibility conscientiously according to the-law. Failure to perform their duties will be punished, in accordance with the magnitude of the errors, through administrative discipline or legal process, including the payment of damages. 7 Article 30: This Decree comes into force from the date of issue when the validity of the former Decree is abrogated. The Ministry of Agriculture and Rural Development and the Ministry ofAquatic Production, according to their functions and responsibilities, will cooperate with the related offices to guide, assist and monitor the implementation of this Decree. Article 31: The Ministers, Directors ofMinistry Offices, Leaders of Governmental Offices, Chairmen of Provincial People's Committees and Chairmen of Central Cities, are responsible for the implementation of this Decree. Government ofVietnam On behalfofPrime Minister Deputy Premier Signed Phan Van Khai Copy to: The Secretary Board ofThe Central Communist Party The Prime Minister The Deputy Prime Ministers All Government Ministries, Ministry Departmental Offices Governmental Department Office The Provincial People's Committees The People's Committees of Central -Cities Central Communist Party Offices and Branches ofThe-Communist-Party Governmental Office ~ State Chairman's Office National Assembly Office Peoples High Court Official Gazette Departments of Ministry of Agriculture and Rural-Development Departments ofMinistry of Aquatic Production