Decree No. 08/2010/ND-CP on management of livestock feed

26 OFFICIAL GAZETTE Issuenos 07-DS/February 2010 (Gong Baa nos 97·981February 18,2010) Part I. LEGAL DOCUMENTS THE GOVERNMENT Decree No.08/201OIND-CP ofFebruary 5, 2010) on management of livestock feeds THE GOVERNMENT Pursuant to the December 25, 2001 Law on Orgoniziuion of the Government; Pursuant to the November 26, 2003 Law on Fisheries: Pursuant to the June 14, 2005 Commercial Law; PUrSUiYll 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 21, 2004 Ordinance on Animal Breeds; At the proposal ofthe Minister ofAgriculture and Rural Development, DECREES: Chapter 1 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 tenus In this Decree, the terms below are construed as follows: I. 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. aJLivestock feed material or individual feed means feed used to supply one or more than one nutrient in feed rations for livestock; bl Complete compoundfeed means a mixture of different feed materials combined based on a certain fonuula to supply sufficient nutrients for maintaining the life and productivity oflivestock in each stage of growth or production cycle without any other feeds but water; cl 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; dl Supplementary feed means individual materials or a mixture of different materials © VIETNAM LAW &LEGAL FORUM Issue nos07·08lFebruary 2010 (Gong BaD nos 97·98/February 18,2010) OFFICIAL GAZETTE added to feed rations for balancing nutrients necessary for livestock; el Feed additive means a substance with or without nutritious value which is added to livestock feed in the proc;;:ss of processing or treatment for maintaining or improving a certain property of livestock feed; fJ Premix means a supplementary feed being a mixture of one or more than one active ingredient and a carrier; gl 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; hi Carrier means a substance eatable by livestock which is used for mixing with active ingredients in premix without affecting livestock health. 2. Livestockmeans cattle, poultry, honey bee, silkworm and aquatic animals raised by humans. 3. LIvestock feed production means the performance of one, several or an 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 uf perfullllillg one or all stages uf 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 L 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 fe.ffis 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 livestockfeed analysis and quality inspection laboratories and in land areas for building special use warehouses and ports for livestock feed export and import. Article 5. Prohibired acts in [he 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 © VIETNAM lAW& lEGAL FORUM 28 OFFICIAL GAZETTE Issue nosOJ-OS/February 2010 (Gong Beo nos 97-98/February 18,2010) marketing livestock feeds unconformable with relevant technical regulations promulgated by the Ministry otAgnculture 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 Il 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 regi strati on 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 teed quatrty analysis and test laboratory or hiring an analysis and rest 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 comrol 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 tor one year trom 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. © VIETNAM LAW& LEGAL FORUM Issue nos 07-08/February 2010 (Cong BaD nos 97·981February 18,2010) OFFICIAL GAZETTE Article 9. Responsibilities of livestock feed traders 1. To check. the origin. labels or standard-z 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 Develop ment Ministry's written approval and conduct assay under Clause 1.Article 12 of this Decree; bl 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 takeresponsi bility 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 farmers. 4. The order of and procedures for import of livestock feeds comply with current law. Chapter IV ASSAY AND ACCREDlTA,TION 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 ofAgriculture and Rural Development. 3. An li vestock feed assay establishment must satisfy all the following conditions: a/ Having registered livestock feecf assay with a competent state agency; bl Having an appropriate location ensuring animal health hygiene and environmental sanitation under law; cl Having physical foundations and equipment © VIETNAM LAW & LEGAL FORUM 30 OFFICIAL GAZETTE Issue nos 07-C8/February 2010 (Gong BaD nos 97-9B/February 18, 2010) 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: aJ They are accompanied with assay results of assay establishments: bl Tiley are proposed for accreditation and have assay results evaluated by a specialized Science Council set up by the Ministry of Agriculture and Rural Development; cl They are accompanied with accreditation decisions of the Ministry of Agriculture and Rural Developsaent, 2 TI\e Ministry of Agri~lJltllrp. 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 reeds 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. J. 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 Ii vestock 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 uf state regulations, and seuliug complaints, denunciations and disputes related to livestock feeds. 10. Implementing international cooperation in the domain of livestock feeds. Ar-ticle 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 ambitof their tasksand 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: aJ Assume the prime responsibility for, and © VIETNAM LAW & LEGAl FORUM Issue nos 07.0S/February 2010 (Gong Bao nos 97-98/February 18,2010) OFFICIAL GAZETIE 31 coordinate with concerned ministries and branches in. formulating plans, plannings and policies on livestock feed development and use nationwide; bl Elaborate and promulgate or submit to competent authorities for promulgation, and organize the implementation of, legal documents on livestock feeds; cl Assay and accredit new livestock feeds; dI Collect and manage Information and dam on livestock feeds; el Plan and direct examination and inspection and handle violations in livestock feed production and use; fl Propagate and disseminate legal documents on livestock feeds; gl Implement international cooperation in the domain of livestock feeds; hi Manage livestock feed production, export, import and trading; il Conduct state examination and inspection of livestock feeds. 4. Provincial-level People's Committees shall: al Formulate plans on livestock feed development and use in localities; bl Direct and guide effective use of livestock feeds without polluting the environment; cl 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 ..ume the prime responsibility for, and coordlaate with concerned agencies in, guiding the collection, reinittance, management and use uf uharges and fees in the domain of livestock feeds. Chapter VI INSPECTION, EXAMINATION AND ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIVESTOCK FREDS Article 17. State examination oflivestock feeds 1. Examination contents: aJ Satisfaction ofconditions on livestock feed producers and traners specified in Articles 6 and 7 of this Decree; bl 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 © VIETNAM LAW & LEGAL FORUM 32 OFFICIAL GAZETTE Issue nos 07·08lFebruary 2010 (Gong Bao nos 97·g8IFebruary 18,2010) product conformity with notified standards or relevant technical regulations. 2. Examination: af 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/Thesampling oflivestock feeds for quality examination will be valid only when sample takers possess livestock feed sampling certificates issued by the Ministry ofAgriculture and Rural Development After sampling, records must be made and sealed samples of each kind of products must be kept at establishments; cl 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 hy 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 L Violations of the law on livestock feed production and trading include: af Failing to notify quality standards: b/ Failing [0 assay new livestock feeds before they are put into trading or use; (g) VIETNAM LAW &LEGAL FORUM Issue nos 07.08/February 2010 (Gong Beonos 97-981February 18,2010) OFFICIAL GAZETTE 33 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; bJ Obstructing lawful activities of livestock feed testing. inspection, assay, management, production or trading; cl Refusing to accredit new livestock feeds when all the required conditions are satisfied; d/ Conducting untruthful testing, inspection or assay; el Breaching other obligations in Iivestock 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. 151 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 Cornmittees, and concerned organizations and individuals shall implement this Decree. On behalfof/he Government Prime Minister NGUYEN TAN DUNG © VIETNAM LAW & LEGAL FORUM