NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
No.32/2018/QH14 | Hanoi, November 19, 2018 |
LAW
ON ANIMAL HUSBANDRY
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Animal Husbandry.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for raising of livestock, rights and obligations of organizations and individuals involved in animal husbandry and state management in animal husbandry.
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For the purpose of this Law, the terms below shall be construed as follows:
- “animal husbandry” means a combined economic-technical branch including activities related to livestock breeds, animal feeds, livestock breeding and processing conditions and market of animal products.
- “breeding activity" means raising of livestock for growth and reproduction purpose and other activities relating to livestock and animal products for food, animal traction or decoration purposes and other purpose of human.
- “family farm” means a form of farm owned and operated by a family.
- "livestock farm” means a form of intensive farming operated in a separated zone used for livestock production and farming.
- “livestock” includes cattle, poultry and other farm animals.
- “cattle” means any mammal with 4 legs domesticated and raised by humans.
- “poultry” means any winged animal with 2 legs and feather domesticated and raised by humans.
- “other farm animal” means any animal other than cattle, poultry and not on the list of endangered and rare species or the list of endangered and rare forest animals or ordinary forest animals or aqua creatures or the list of forest wild animals provided in the Appendix of Convention on international trading in endangered wild animals and plants.
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- “livestock line” means a group of livestock breed bearing its own fixed characteristics in addition to common characteristics of breed.
- “new livestock breed or line” means any livestock breed or line domestically generated or imported into Vietnam for the first time.
- “precious and rare livestock breed” means any livestock breed with special significance to science, healthcare and economy that is small in number or on the verge of extinction.
- “local livestock breed” means any livestock breed generated and developed in a certain locality within the territory of the Socialist Republic of Vietnam.
- “original breed" means prototypal breed stock or grandparental breed stock for pigs and poultry; nucleus stock for other cattle or purebred breed stock for bees and original seed for silkworm.
- “prototypal breed stock of pigs and poultry” means purebred breed stock or stock selected for production of grandparental breed stock.
- “grandparental breed stock of pigs and poultry” means breed stock descended from the prototypal stock selected for grandparental stock production.
- “parental breed stock of pigs and poultry” means any breed stock descended from grandparental stock for production of commercial products.
- “nucleus stock” means the best stock with a clear source and origin, reared and selected according to a certain process in order to obtain a high genetic advance, for the purpose of producing breeding stocks.
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- “commercial stock” means a stock of domesticated animals descended from parental stock or breeding stock.
- “livestock gene source” means whole living animals and their breeding products carrying genetic information, capable of creating or taking part in creating new livestock breeds.
- “livestock annals" means a record reflecting the blood relationship between a livestock individual and its ancestor.
- “livestock breed product” means any breed animal, sperm, embryo, breed egg, larva or other genetic material generated by the livestock.
- “livestock breed and line production" means selecting and mating breeds or applying scientific methods and technical measures to create a new livestock breed or line.
- “animal feed” means any raw or processed product given to domesticated animals including complete feed, concentrated feed, feed additives and traditional feed.
- “complete feed" means a mixture of multiple feed ingredients compounded to create a nutritionally adequate feed capable of sustaining life and promoting production of domesticated animals over growth stages or production cycles without other feeds than water.
- “concentrated feed” means a combination of animal feed ingredients of which the nutrition content is higher than nutritional need of a livestock and that is intended to be mixed with other feed ingredients to create a complete feed.
- “feed additive" means any single ingredient or compound of multiple feed ingredients added to the feed ration for the purpose of balancing nutrients essential to domesticated animals, maintaining or improving characteristics of animal feed or improving livestock’s health or characteristics of animal products.
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- “single ingredient” means any natural element or combined element used as ingredient in animal feed.
- “commercial animal feed” means animal feed produced for trading purpose.
- “main ingredient used in animal feeds” means a determinant of useful effects and attributes of animal feed.
- “animal products” include meats, eggs, milk, bee's honey, beeswax, silkworm cocoons, swallow’s nests, bones, horns, claws, internal organs, hair, non-processed skin and other products made from domesticated animals.
Article 3. Principles for livestock breeding
- Develop animal husbandry based upon the value chain and efficiently utilize potentials and advantages of breeding areas satisfying domestic and outbound demands.
- Apply science and technology in livestock breeding with the aim of increasing productivity, quality, useful effects and competitive capacity of animal husbandry; ensuring food safety, disease resistance, environmental protection and dealing with climate change.
- Preserve, utilize and develop local and precious and rare livestock gene sources in a logical manner; promptly get access to world breed genetic advance; combine modern breeding with traditional breeding and develop animal husbandry in consistent with ecoregions
- Promote private sector involvement in livestock breeding; ensure harmony between State interests and benefits of organizations and individuals involved in husbandry development and equality among organizations, individuals and economic sectors in animal husbandry.
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Article 4. State policies on animal husbandry
- The State shall make investment in the following activities:
- a) Basic statistic and investigation and establishment of animal husbandry database, assessment of livestock breeding and potentials thereof on an annual or 5-year basis; preparation of animal husbandry development strategies, market forecast, storage of animal products in certain period and formulation of standards and regulations on animal husbandry techniques;
- b) Preservation of precious and rare livestock gene sources and local livestock breeds
- The State shall provide funding for the following activities in each period according to state budget:
- a) Study and application of science and technology in which priority is given to high, advanced and modern technology used for creating a breakthrough in animal husbandry; import and raising of original breeds;
- b) Establishment of disease-free zones and biosecurity zones for livestock breeding; handling of breeding environment; development of good breeding practice models; relocation of breeding facilities from cities, district-level towns, commune-level towns or residential areas that are not permitted for livestock breeding.
- c) Construction of infrastructure and equipment for scientific and technological research institutions and training institutions; development of high-qualified human resources, training in breeding profession, agriculture promotion in breeding in which priority is given to remote and isolated areas, ethnic minority areas, poor areas and severely poor areas;
- dd) Creation and development of national animal products or main animal products and organic products; development of national animal product trade mark, construction of concentrated slaughter premises, wholesale markets and auction facilities for advertisement and consumption of livestock breeds and animal products; trade promotion and development of the market for animal product consumption;
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- The State encourages entities to invest in activities specified in Clause 1 and 2 this Article and the following activities:
- a) Operation of breeding farms or value chain-based livestock production and promotion of the role of enterprises, industry associations and cooperatives in development of livestock value chains;
- b) Investment in high, advanced and modern technology for animal product slaughter, processing and maintenance and technology for treatment of livestock breeding waste as fertilizer and serving other purposes;
- c) Investment in livestock insurance, improvement of capacity of performing experiments and assessment of conformity in animal husbandry
Article 5. Animal husbandry development strategies
- The nationwide animal husbandry development strategy shall be formulated once every 10 years with visions towards 20 years in consistent with the socio-economic development strategy and strategy for agriculture and rural development.
- Main contents of the animal husbandry development strategy include viewpoints, orientation, objectives, tasks, solutions, programs, schemes and implementation.
- The Ministry of Agriculture and Rural Development shall take charge and cooperate with other ministries, ministerial agencies and provincial People’s Committees in developing and sending such strategy to the Prime Minister or approval purpose.
Article 6. Scientific and technological activities in animal husbandry
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- a) Scientific and technological research serving formulation and completion of regulatory and institutional framework, policies and laws on animal husbandry;
- b) Basic research for application orientation, applied research, transfer of high, advanced and modern technology, production based upon livestock value chains with the aim of improving productivity, quality and food safety, protecting environment and dealing with climate change.
- The Ministry of Agriculture and Rural Development shall cooperate with the Ministry of Science and Technology in proposing and ordering scientific and technological tasks conformable to the animal husbandry development strategy in each period.
- Provincial People’s Committees shall suggest and order scientific and technological tasks concerning animal husbandry in consistent with provincial socio-economic development strategies in each period.
- Entities of ability may suggest or perform scientific and technological tasks concerning animal husbandry as per regulations in this Law, the Law on Science and Technology and the Law on Technology Transfer.
Article 7. Applying technology in animal husbandry
- High, advanced and modern technology as well as hi-tech products are encouraged to be used in activities relating to livestock breeds, animal feed, livestock breeding and processing conditions and animal product market.
- Every entity applying high, advanced or modern technology in livestock breeding shall be entitled to policies specified in Article 4 hereof and other relevant law provisions.
Article 8. Establishment of disease-free zones for livestock breeding
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- Disease-free zones for livestock breeding must be established according to plans or planning on socio-economic development and schemes on development of disease-free zones for livestock breeding approved by provincial People’s Committees.
- The Minister of Agriculture and Rural Development shall stipulate criteria for disease-free zones for livestock breeding and grant recognition of disease-free zones for livestock breeding.
Article 9. Cooperation and association in livestock production
- Development of value chain-based cooperation and association in livestock breeding is required to ensure adequacy of animal products meeting food safety and quality regulations and market demands and to improve efficiency in production and trade as well as ensure harmony in interests of parties concerned.
- Any organization or individual involved in cooperation or association in livestock production must enter into association contracts and shall be entitled to benefits from policies specified in Article 4 hereof and other relevant law provisions.
- Various-level People’s Committees shall:
- a) enable and help parties to negotiate, enter and execute the contract for association in livestock production and animal product consumption;
- b) offer assistance in construction of infrastructure, logistics services and promotion of trade in animal products
Article 10. International cooperation in animal husbandry
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- Provide training, scientific research, transfer of technology and information and experience exchange in animal husbandry.
- Exchange precious and rare livestock gene sources, livestock breeds and varieties of plants used as animal feeds which have high productivity and quality and can adapt to climate change.
- Cooperate in formulation and mutual recognition of the system for certification of livestock breeding quality.
Article 11. National animal husbandry database
- National animal husbandry database refers to an animal husbandry-related information system which is developed in such a way that consistency from central to local levels is maintained and normalized and managed by information technology.
- The national animal husbandry database includes:
- a) Database of legislative documents on animal husbandry;
- b) Database of livestock breeds, livestock gene sources, animal feeds and products for treatment of waste from livestock breeding;
- c) Database of livestock breeding and/or processing facilities and animal product market;
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- dd) Other animal husbandry database
- Organizations and individuals shall provide information, update and use national animal husbandry database as per law provisions.
- The Minister of Agriculture and Rural Development shall issue regulations on update, use and management of national animal husbandry database.
Article 12. Prohibited acts in animal husbandry
- Breeding operated in areas not permitted for livestock rearing in cities, district-level towns, commune-level towns and residential zones except for rearing for decoration purpose and laboratory breeding without environmental pollution.
- Use of substances prohibited in animal husbandry
- Use of antibiotics in animal feeds that are not veterinary medicine permitted to be circulated in Vietnam.
- Use of antibiotics in animal feeds as growth stimulants.
- Destruction or appropriation of livestock gene sources.
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- Import of animal products with prohibited substances in animal husbandry.
- Import, trade and processing of products made from animals died of diseases or whose death is unexplained.
- Illegal import, rearing, releasing or use of genetically modified animals and products thereof.
- Coercive use or insertion of substances or objects or injection of water into domesticated animal body and products thereof for trade fraud purpose.
- Collusion and cheating in quality experiments, testing, verification and announcement and certification of conformity in animal husbandry.
- Discharge of waste from livestock breeding not undergoing treatment or not treated in a satisfactory manner to places for waste receipt as specified in the law on environmental protection.
- Provide counterfeit information in declaration of animal husbandry for profiteering purpose.
- Obstruction, destruction and encroachment of legal livestock breeding.
Chapter II
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Section 1. LIVESTOCK GENE SOURCES
Article 13. Management of livestock gene sources
- Livestock gene sources shall be managed by the State in a consistent manner.
- Organizations and individuals shall take responsibility to participate in management of livestock gene sources under regulations hereof and other relevant law provisions.
Article 14. Collection, preservation, use and development of livestock gene sources
- Organizations and individuals involved in collection, preservation and development of livestock gene sources must comply with regulations hereof and other relevant law provisions.
- Collection, preservation, use and development of livestock gene sources shall include the following activities:
- a) Investigation, survey and collection of livestock gene sources;
- b) Assessment of livestock gene sources based upon bio-criteria and useful value thereof;
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- d) Protection and maintenance of livestock gene sources;
- dd) Use of livestock gene sources that are assessed and whose useful value is determined in selection, production and multiplication of livestock breeds.
- Methods for preservation of livestock gene sources shall be applied in compliance with provisions of the law on biodiversity.
- The Ministry of Agriculture and Rural Development shall take charge and cooperate the Ministry of Natural Resources and Environment, Ministry of Science and Technology, other ministries and relevant ministerial agencies in sending proposal of collection, preservation, use and development of livestock gene sources under agricultural management to the Government.
Article 15. Exchange of precious and rare livestock gene sources
- Organizations and individuals are permitted to exchange precious and rare livestock gene sources serving the purpose of study, collection and production of new livestock breeds and lines and trade in compliance with regulations issued by the Minister of Agriculture and Rural Development.
- International exchange of livestock gene sources on the list of livestock breeds prohibited from export for the purpose of scientific research, exhibitions and advertisement must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister.
- Organizations and individuals involved in international exchange of precious and rare livestock gene sources shall comply with regulations herein the Vietnam laws on veterinary medicine, food safety, environmental protection and biodiversity.
- Exchange of precious and rare livestock gene sources of Vietnam to a third party must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister.
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Article 16. Procedures for exchange of precious and rare livestock gene sources
- Any organization or individual demanding exchange of precious and rare livestock gene sources shall send an application for exchange to the Ministry of Agriculture and Rural Development.
- The application for exchange of precious and rare livestock gene sources includes:
- a) An application form;
- b) Profile of precious and rare livestock gene source to be exchanged;
- c) Documents relating to exchange of precious and rare livestock gene sources
- The Ministry of Agriculture and Rural Development shall carry out inspection of such application within 3 working days from the day on which the application is received and notify the applicant in writing for them to provide additional information in case such application is found unsatisfactory.
The Minister of Agriculture and Rural Development shall carry out appraisal and grant approval for such application upon decision of the Prime Minister, and provide explanation if the application is rejected within 30 days from the day on which the satisfactory application is received.
- The specimen of application form mentioned in Clause 2 this Article shall be stipulated by the Minister of Agriculture and Rural Development.
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- Genetically modified livestock are domesticated animals whose genetic structure is altered by transgenesis technology.
- Study, selection, creation, experiment, production, trade, use, release, international exchange of genetically modified livestock and relevant activities must comply with law provisions on biodiversity.
- Livestock cloning refers to use of somatic cell cloning technique to produce livestock.
- Organizations and individuals shall be permitted to conduct study on livestock cloning as per law provisions.
Section 2. PRODUCTION OF AND TRADING IN LIVESTOCK BREEDS AND PRODUCTS THEREOF
Article 18. Requirements applied for livestock breeds and products thereof circulated on the market
Any livestock breed and product thereof must satisfy the following requirements:
- Have applied quality standard declared.
- Have quality meeting the applied quality standard declared
- Meet quarantine requirements as prescribed in the law on veterinary medicine.
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- The list of livestock breeds in need of conservation includes livestock breeds that are small in number or on the verge of extinction.
- The list of livestock breeds prohibited from export including precious and rare livestock breeds that are advantageous to Vietnam.
- The Government shall issue the list of livestock breeds in need of conservation and list of livestock breeds prohibited from export and set out procedures for issuance and update of the aforesaid lists.
Article 20. Import of livestock breeds and products thereof
- Livestock breeds and products thereof imported must be confirmed in writing by the competent authority or the organization authorized by the competent authority of the exporting country in terms of their sources, origin, quality and purpose for breed multiplication or production.
- The Minister of Agriculture and Rural Development shall consider and decide to check legal documents, enforcement system and conditions for production of livestock breeds and products thereof of the exporting country under provisions of Vietnamese laws and international agreement to which the Socialist Republic of Vietnam is a signatory in the following cases:
- a) Assessment for mutual recognition;
- b) First import of livestock breeds and products thereof into Vietnam;
- c) Discovery of risk of effects on quality and biosecurity from livestock breeds and products thereof imported into Vietnam.
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- Importers of male breeders, sperms and embryos of cattle must carry out the following procedures:
- a) First importers shall send and application for import to the Ministry of Agriculture and Rural Development; components of the application shall be regulated by the Minister of Agriculture and Rural Development.
The Ministry of Agriculture and Rural Development shall carry out inspection of the application within 3 working days from the day on which such application is received and notify the applicant in writing for them to provide additional information in case such application is found unsatisfactory.
The Minister of Agriculture and Rural Development shall response in writing to the applicant within 15 days from the day on which the satisfactory application is received or provide explanation if the application is rejected;
- b) Second import of sperms and embryos of the same breeder shall be notified in writing to the Ministry of Agriculture and Rural Development;
- c) Second and further import of male breeders of the same animal from the same producer shall be notified in writing to the Ministry of Agriculture and Rural Development.
Article 21. Export and international exchange of livestock breeds and products thereof
- Profile and quality of exported livestock breeds and products thereof must meet the requirements of exporters and exporting countries and must be conformable to the Vietnamese law provisions.
- Export or international exchange of livestock breeds and products thereof on the list of livestock breeds prohibited from export for the purpose of scientific research, exhibition or advertisement must be decided by the Minister of Agriculture and Rural Development upon approval granted by the Prime Minister following the procedure below:
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The Ministry of Agriculture and Rural Development shall carry out inspection of such application within 3 working days from the day on which the application is received and notify the applicant in writing for them to provide additional information in case such application is found unsatisfactory.
- b) The Minister of Agriculture and Rural Development shall grant approval for such application upon decision of the Prime Minister and provide explanation if the application is rejected within 30 days from the day on which the satisfactory application is received.
Article 22. Conditions for production of and trading in breeders
- Breeder refers to an individual domesticated animal raised for reproduction or breeding multiplication purpose.
- Any producer of breeders must:
- a) satisfy conditions specified in Article 55 hereof;
- b) apply the appropriate quality management system and declare the quality standards applied to breeding livestock;
- c) ensure that the facility nurturing origin breeds and facility producing livestock breeds and lines have technicians holding the university degree or higher in animal husbandry, animal health or biology;
- dd) ensure that the facility breeding parental breed stocks of pigs and poultry or breeding stock or producing breeders have technicians trained in animal husbandry, animal health or biology;
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- Traders of livestock breeders must own the declaration of applied quality standard provided by producers of such breeding animals and breed dossier as prescribed in Point dd Clause 2 this Article.
Article 23. Conditions for production of and trading in livestock sperms, embryos, breeding eggs and larvae and services of artificial insemination and embryo transfer in livestock breeding
- Every producer of livestock sperms, embryos, breeding eggs and larvae must:
- a) satisfy conditions specified in Clause 2 Article 22 hereof;
- b) have a monitoring record of sperm quality during inspection and use of sperms;
- c) have dedicated equipment meeting technical requirements used for production, inspection, assessment, maintenance and transport of sperms, embryos, breeding eggs and larvae.
- Every individual provider of artificial insemination or embryo transfer service in livestock breeding must:
- a) hold a certificate of training in artificial insemination or embryo transfer technique as regulated by the Minister of Agriculture and Rural Development;
- b) record information about the breed owner, serial number of male and female breeders and cross-breeding date and times.
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- a) make a declaration of male breeders as prescribed in Article 54 hereof;
- b) use male breeders that have clear origin and breed dossier and undergo quarantine, inspection and quality assessment.
- Every trader of livestock sperms and embryos must:
- a) have maintenance devices and equipment suitable for each kind of sperm and embryo;
- b) ensure that the maintenance area is separated or not contaminated by pesticides and toxic chemicals;
- c) take measures to ensure safety of surrounding people, domesticated animals and environments;
- d) record the maintenance of and trading in sperms and embryos.
- Any producer of poultry breeding eggs must:
- a) satisfy conditions specified in Clause 2 Article 22 hereof;
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- Traders of livestock breeding eggs and larvae must have a dossier of applied standard declaration and breed dossier as prescribed in Point dd Clause 2 Article 22 hereof.
Article 24. Requirements for quality of male and female breeders in livestock production
- Any male breeder used in livestock production must:
- a) have clear profile and annals;
- b) be produced from breed production facilities and conformable to the applied quality standards declared;
- c) undergo inspection of individual productivity and meet quality requirements as regulated if such breeder is used for production of sperms for commercial purpose.
- Any female breeder used in livestock production must:
- a) have clear profile and annals;
- b) be produced from breed production facilities and conformable to the applied quality standards declared and meet quality requirements.
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Article 25. Rights and obligations of facilities producing and trading livestock breed products
- Every facility producing and trading livestock breed products is entitled to:
- a) produce and trade livestock breed products if meeting requirements specified in Article 22 and 23 hereof;
- b) enjoy benefits from State policies intended for producers and traders of livestock breed products;
- c) send complaints and denunciations or file a lawsuit regarding production of and trading in livestock breed products as per law provisions;
- d) have their information about production of and trading in livestock breed products kept as confidential, except for cases required by competent regulatory agencies.
- Every facility producing and trading livestock breed products is required to:
- a) make a declaration of livestock breeding as prescribed in Article 54 hereof;
- b) satisfy conditions applied for producers and traders of livestock breed products during production and trading process;
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- d) provide the buyer of livestock breed products with a dossier including information on name and address of production facility, name of livestock breed, quantity of livestock breed products sold, annals (for livestock breed products of cattle), declaration of applied standard and breeding process;
- dd) ensure and take responsibility for quality of livestock breed products meeting the applied quality standard declared;
- e) withdraw livestock breed products not meeting requirements for species, sources and quality and make compensation as per law provisions;
- g) undergo inspection carried out by competent regulatory agencies.
Section 3. TESTING AND VERIFICATION OF LIVESTOCK BREEDS AND LINES
Article 26. Testing of livestock breeds and lines
- Livestock breed and line testing means rearing and monitoring of a certain livestock breed or line under certain conditions within a given period of time with the aim of determining the difference, stability and consistency in productivity, quality, resistance to diseases and evaluating harmful effects of such breed or line.
- New livestock breeds and lines must be tested before put into production, except for livestock breeds and lines created as a result of ministerial or national scientific and technological tasks approved or permitted by the competent authority.
- Organizations and individuals applying for recognition of new livestock breeds or lines shall have their breeds or lines tested by the facility eligible for livestock breed and line testing under national technical regulations. 4. The Minister of Agriculture and Rural Development shall issue national technical regulations on livestock breed and line testing.
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Every livestock breed and line testing facility must:
- satisfy conditions specified in Article 55 hereof;
- have material facilities and technical equipment suitable for testing of livestock breeds and lines;
- employ technicians holding a university degree or higher in animal husbandry or veterinary or biology;
- apply appropriate quality management system.
Article 28. Livestock breed and line verification
- Livestock breed and line verification means assessing and confirming the productivity, quality and resistance to diseases of the livestock breed and line produced.
- Livestock breed and line verification shall be carried out if:
- a) there is any complaint or denunciation about the quality of livestock breeds or lines;
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- c) requested by the organization or individual.
- The Minister of Agriculture and Rural Development shall announce facilities eligible for verification of livestock breeds and lines.
Article 29. Principles for naming new livestock breeds and lines
- Each livestock breed or line shall be given a single suitable Vietnamese name.
- The name given to each new livestock breed or line must not:
- a) be identical to or cause confusion with the existing name of the livestock breed or line recognized;
- b) only include numbers;
- c) be against the historical, cultural and moral tradition and fine customs and practices of the country;
- d) be written or spelled in the same way of that of names of leaders or heroes of the country and celebrities;
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Article 30. Recognition of new livestock breeds and lines
- The application for recognition of new livestock breeds and lines includes:
- a) An application form for recognition of new livestock breeds and lines that clearly specifies name, source and origin of the new livestock breed or line;
- b) Testing results or results of ministerial or national scientific and technological tasks recognized or approved by the competent authority.
- Recognition of new livestock breeds and lines shall be granted following the procedure below:
- a) The applicant for recognition of new livestock breeds or lines shall send a hardcopy application and electronic application specified in Clause 1 this Article to the Ministry of Agriculture and Rural Development.
The Ministry of Agriculture and Rural Development shall carry out inspection of the application within 3 working days from the day on which such application is received and notify the applicant in writing for them to provide additional information in case such application is found unsatisfactory.
- b) The Ministry of Agriculture and Rural Development shall carry out appraisal of such application within 15 days from the day on which the satisfactory application is received. If the appraisal result shows that the new livestock breed or line meets the given requirements, the Minister of Agriculture and Rural Development shall decide to grant recognition to such new breed or line or provide explanation in case the new livestock breed or line fails to satisfy the requirements.
Article 31. Rights and obligations of livestock breed and line testing facilities
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- a) test livestock breeds and lines as per law provisions;
- b) conduct verification of livestock breeds and lines as prescribed in Article 28 hereof;
- c) be paid for testing and verification of livestock breeds and lines as per law provisions;
- d) make complaints or denunciations or file a lawsuit regarding livestock breed and line testing as per law provisions;
- dd) refuse to provide information concerning the testing result, except for cases requested by competent regulatory agencies.
- Every livestock breed and line testing facility is obliged to:
- a) abide by conditions applied to testing facilities during the operation;
- b) take responsibility for the testing and verification result;
- c) comply with law provisions on biosecurity, disease resistance and environmental protection;
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- dd) undergo inspection carried out by competent regulatory agencies.
Chapter III
ANIMAL FEEDS
Article 32. Requirements applied for commercial animal feeds before put into circulation
- Applied standards and conformity declaration shall be made as per law provisions on technical standards and regulations and product and goods quality.
- The animal feed quality must meet the applied quality standard declared and equivalent technical regulations.
- Animal feeds must be produced by the facility granted a certificate of eligibility for animal feed production by the competent state management agency.
- Information on animal feed products must be posted on the portal of the Ministry of Agriculture and Rural Development.
- Labels or documents attached to animal feeds must comply with regulations in Article 46 hereof;
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- Information on complete feeds and concentrated feeds shall be posted on the portal of Ministry of Agriculture and Rural Development by producers or traders thereof.
- The dossier of declaration of complete feed and concentrated includes:
- a) documents specified in Point b, c, d, dd and e in Clause 2 Article 34 hereof for domestic complete feeds and concentrated feeds;
- b) documents specified in Point b, c, d, dd, e and g in Clause 3 Article 34 hereof for imported complete feeds and concentrated feeds; The dossier provided shall be the original or certified true copy or certified Vietnamese translation.
- Organizations and individuals shall access to the portal of Ministry of Agriculture and Rural Development to post up information about complete feeds and concentrated feeds. The information posted must be consistent with those provided in the dossier mentioned in Clause 2 this Article.
After declaring animal feed products, such organizations or individuals may produce or trade such animal feed and take responsibility for quality and safety of the aforesaid products.
- Changes in information about complete feeds and concentrated feeds shall be made as follows:
- a) New post of animal feed information shall be updated as prescribed in Clause 2 and 3 this Article in case of changes in the producer’s address and product quality;
- b) For changes not specified in Point a this Clause, changes in information posted shall be updated on the portal of the Ministry of Agriculture and Rural Development.
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- Feed additive products must be appraised to be posted on the portal of the Ministry of Agriculture and Rural Development. This regulation shall not apply to single ingredients.
- The application for declaration of domestic feed additive products includes:
- a) An application form;
- b) A certificate of eligibility for production of animal feed;
- c) Contract for leasing or processing animal feed in case the organization or individual lease or process animal feed at the animal feed production facility granted a certificate of eligibility for production of animal feed;
- d) Applied standards and written announcement of receipt of conformity declaration;
- dd) The result note of testing of quality and safety standards of the product specified in applied standards declared and equivalent national technical regulations issued by the laboratory appointed or accredited by the Ministry of Agriculture and Rural Development;
- e) Sample of product’s label
- The application for declaration of imported feed additive products includes:
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- b) A certificate of circulation or document with equal validity granted by the competent authority of the exporting country;
- c) An ISO Certificate of Quality Management System or Good Manufacturing Practice Certificate or Hazard Analysis and Critical Control Point Certificate or equivalent certificates of the producer;
- d) Product information sheet provided by the producer which specifies feed ingredients, useful effects, using instructions; quality and safety standards as regulated by the Minister of Agriculture and Rural Development;
- dd) Applied standards declaration registered under law provisions on product and goods quality and the sub-label in Vietnamese as regulated;
- e) The result note of testing of product quality and safety issued by the laboratory appointed by the competent authority of the exporting country or accredited by the international or regional accreditation organization or the laboratory appointed or accredited by the Ministry of Agriculture and Rural Development;
- g) A label sample provided by the animal feed producer
The application provided shall be the original or certified true copy or certified Vietnamese translation.
- The application for re-declaration of feed additive products shall be prepared as follows:
- a) As for domestic feed additives, such application shall be made as prescribed in Point a Clause 2 this Article;
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- Declaration of feed additive products shall follow the procedure below:
- a) The organization or individual shall access to the portal of the Ministry of Agriculture and Rural Development to apply for declaration of feed additive products as prescribed in Clause 2, 3 and 4 this Article;
- b) The Ministry of Agriculture and Rural Development shall check the application's components and notify the applicant through the portal for him/her to provide additional information if the application is found unsatisfactory within 3 working days from the day on which the application is received.
The Ministry of Agriculture and Rural Development shall appraise the application and post the product information on its portal or provide explanation if the application is rejected within 20 days from the day on which the satisfactory application is received.
- The feed additive products may be put on circulation for 5 years from the day on which information about such product is posted on the portal of the Ministry of Agriculture and Rural Development. Product re-declaration shall be requested under regulations in Clause 4 and 5 this Article 6 months before the expiration date of product
Article 35. Changes in feed additive product information
- Changes in name, address, phone number, fax number, email address of the entity registering product declaration or package specifications of the product shall be made on the portal of the Ministry of Agriculture and Rural Development by such entity.
- Changes in name and address of the producer, name of product, symbol of applied standard, product's color, using instructions or expiry date shall be registered through the portal of the Ministry of Agriculture and Rural Development following the procedure below:
- a) The application for changes in product information shall include an application form for information change, applied standard declaration, certificate of registered conformity declaration (if any), sample of product's label and certificate of eligibility for feed additive production.
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- b) The Ministry of Agriculture and Rural Development shall carry out inspection of the application and request the applicant to provide additional information in case the application is found unsatisfactory within 3 working days from the day on which such application is received
The Ministry of Agriculture and Rural Development shall carry out verification and update changes in product information on its portal or provide explanation in case the application is rejected within 15 days from the day on which the satisfactory application is received.
- Regulations specified in Clause 1 and 2 this Article shall not apply to single ingredients of animal feed.
Article 36. Declaration of other animal feed products
- The Ministry of Agriculture and Rural Development shall make declaration and post up the following information about traditional feed products and single ingredients on its portal:
- a) Name of the product;
- b) Technical requirements applied for the product
- Animal feed products not required to be declared on the portal of the Ministry of Agriculture and Rural Development shall include:
- a) Internal-use animal feeds that are animal feeds created by the breeding facility for internal use not traded on the market;
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- c) Other animal feeds not specified in Clause 1 this Article.
Article 37. Animal feed testing
- Animal feed testing means evaluating the quality and safety of animal feeds and their effects on domestic animals and environment through experimental breeding in each stage of growth or production cycle. Scope of animal feed testing includes:
- a) Analysis of animal feed quality;
- b) Assessment of toxicity and safety of the product in relation with their effects on domestic animals and environment;
- c) Other matters according to specific characteristics of each kind of animal feeds
- Animal feeds that are firstly imported from countries or territories whose testing process or animal feeds are not accredited by Vietnam or animal feeds produced in Vietnam containing new substances which are not tested in Vietnam must undergo testing before declaration, except for animal feeds created as a result of national or ministerial scientific and technological tasks accredited or approved by competent authorities.
- Every animal feed testing center must:
- a) satisfy conditions specified in Article 55 hereof;
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- c) have technicians who hold a university degree or higher in animal husbandry, veterinary medicine, food technology or postharvest technology.
- The Minister of Agriculture and Rural Development shall issue the list of chemicals, biological or microbial products prohibited from use in animal feeds and the list of ingredients permitted for use as animal feeds; promulgate national technical regulations on animal feed testing and regulations on mutual recognition of testing process and animal feeds of countries or territories trading animal feeds with Vietnam.
Article 38. Conditions for animal feed production
- Every producer of commercial animal feeds or ordered animal feeds must:
- a) ensure that his/her production facility is not located in the area contaminated by hazardous waste or poisonous chemicals;
- b) design the production area or place equipment adhering to one-dimensional principle from inputs to outputs and ensure that production areas are separated from one another for cross-contamination prevention;
- c) have lines and equipment suitable for animal feed production;
- d) take measures to maintain ingredients used in animal feeds upon recommendation of their suppliers;
- dd) take measures to control harmful organisms, impurities or waste causing contamination for the purpose of protecting safety and quality of animal feeds;
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- g) own or hire a laboratory to analyze animal feed quality during production process;
- h) have technicians who obtain a university degree or higher in animal husbandry, veterinary medicines, biology, food technology or postharvest technology;
- i) ensure that the facility producing animal feeds containing antibiotics takes measures to prevent spread or cross-contamination of different antibiotics or cross-contamination between animal feeds containing antibiotics and those without antibiotics;
- k) adopt methods for environmental protection in conformity with law provisions on environmental protection.
- Producers of internal-use animal feeds must satisfy conditions specified in Point a, b, c, d, dd, e, g, i and k Clause 1 this Article, except for production of animal feeds used in family farm.
- The Government shall elaborate Clause 1 this Article.
Article 39. Issuance, re-issuance and revocation of certificates of eligibility for animal feed production
- The authority to issue, re-issue and revoke certificates of eligibility for animal feed production shall be specified as follows:
- a) The Ministry of Agriculture and Rural Development shall issue, re-issue and revoke certificate of eligibility for animal feed production to facilities producing additional animal feeds;
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- b) Any certificate of eligibility for animal feed production will be re-issued if:
- a) it is lost or damaged;
- b) the information about the organization or individual mentioned in such certificate is changed;
- Any certificate of eligibility for animal feed production will be revoked if:
- a) the information specified in such certificate is erased or adjusted;
- b) the production facility no longer satisfies conditions specified in Clause 1 Article 38 hereof;
- c) the production facility commits other violations for which the penalty is revocation of certificate of eligibility for animal feed production as per law provisions.
- The Government shall stipulate the procedure for issuance, re-issuance and revocation of certificates of eligibility for production of commercial animal feeds.
Article 40. Conditions for trading in animal feeds
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- Places for selling or storing animal feeds must be separated or not be contaminated by pesticides, fertilizers and other poisonous chemicals.
- Measures to prevent and fight for harmful organisms must be taken.
Article 41. Import of animal feeds
- Animal feeds imported must undergo State quality inspection under regulations in Clause 4 Article 43 hereof.
- Every importer of animal feeds must own or hire a warehouse for animal feed maintenance that meets requirements for assurance of food quality and safety under law provisions and recommendation of animal feed suppliers.
- Only animal feeds declared on the portal of the Ministry of Agriculture and Rural Development are permitted for import.
Animal feed products not declared on the portal of the Ministry of Agriculture and Rural Development that are intended to be displayed in fairs or exhibitions or nurture for adaption or those sampled for research or laboratory analysis or produced or processed for export purpose must be licensed by the Minister of Agriculture and Rural Development.
- The Minister of Agriculture and Rural Development shall consider and decide to check legal documents, enforcement system and conditions for production of animal feeds and testing laboratories of the exporting country under provisions of the Vietnamese laws and international agreement to which the Socialist Republic of Vietnam is a signatory in the following cases:
- a) Assessment for mutual recognition;
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- The Government shall elaborate this Article.
Article 42. Export of animal feeds
- Profile and quality of exported animal feeds must meet the requirements of exporters and exporting countries and must be conformable to the Vietnamese law provisions.
- Export of animal feeds must comply with provisions hereof and other relevant law provisions.
Article 43. State inspection of animal feed quality
- State inspection of animal feed quality must comply with provisions of this Law and the Law on Product and Goods Quality and other relevant law provisions.
- Scope of state inspection of quality of domestically commercial animal feeds includes:
- a) Declaration of applied quality standards and conformity declaration (if any);
- b) Adoption of methods for animal feed quality management;
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- d) Sampling of animal feeds for the purpose of checking whether the animal feed product is conformable to the applied standards declared, equivalent national technical regulations and other relevant law provisions, in which inspection and assessment of safety and main components of animal feeds must be focused.
- State inspection of quality of internal-use animal feeds, ordered animal feeds and traditional feeds means sampling of animal feeds for checking safety standards specified in equivalent national technical regulations and other relevant law provisions.
- Scope of state inspection of quality of imported animal feeds includes:
- a) Inspection of import dossier;
- b) Physical inspection of quantity, weight, package specifications, labeling, expiry date, origin and other sensed-related standards applied for the animal feed product;
- c) Sampling of animal feeds for the purpose of experiment or evaluation of conformity of product quality and safety.
- Scope of state inspection of exported animal feed quality includes:
- a) Inspection of the dossier of quality declaration and conformity declaration (if any);
- b) Physical inspection of package specifications, labeling, expiry date and sensory evaluation of the product;
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- Scope of state inspection of quality of exported animal feeds that are summoned or returned includes:
- a) Inspection of reasons why exported animal feeds are summoned or returned;
- b) Physical inspection of package specifications, labeling, expiry date and sensory evaluation of the product;
- c) Sampling of animal feeds for the purpose of checking product quality and safety.
- Violations against regulations on animal feed quality shall be handled as follows:
- a) Any producer or trader of animal feeds committing violations against regulation on animal feed quality will face penalties for administrative violations or criminal charges as per law provisions according to the seriousness of the violation.
- b) Animal feeds that fail to meet the quality regulations shall have their false information rectified or be recycled, repurposed, re-exported or eliminated.
- The Government shall elaborate this Article.
Article 44. Animal feed labeling and experiment
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- The person in charge of animal feed sampling for state management purpose must be granted a certificate of animal feed sampling by the Ministry of Agriculture and Rural Development.
- The result of animal feed experiment for state management purpose shall be admitted only if such experiment is conducted in a laboratory applying the testing method specified by the Ministry of Agriculture and Rural Development. In case the testing method is not specified or unified, the Minister of Agriculture and Rural Development shall decide the temporarily applied testing method.
- The animal feed experiment shall be conducted base upon the applied quality standards declared by animal feed producers or suppliers and safety standards specified in equivalent national technical regulations and other relevant law provisions.
Article 45. Animal feeds containing antibiotics
- Antibiotics used in animal feeds must be veterinary medicines permitted for circulation in Vietnam.
- Antibiotics are only used in animal feeds if prescribed by the person having a certificate of practice of prevention and treatment of animal diseases under law provisions on animal health for the purpose of preventing diseases in young animals and treating diseased domesticated animals.
- Use of animal feeds containing antibiotics must abide by the guidance provided by their producers or suppliers.
- Animal feeds containing antibiotics must bear a label or attachment that specifies information about name and content of the antibiotics, instructions for use and expiry date of the product.
- The Government shall stipulate standards applied for young domesticated animals permitted to use animal feeds containing antibiotics for animal disease prevention and a route for elimination of antibiotics used for prevention of diseases in domesticated animals.
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- Labeling animal feeds shall comply with law provisions on goods labeling and the following regulations:
- a) The label or attachment of commercial animal feeds must specify information about name and main ingredients, quality standards, producer, production date, expiry date, maintenance instruction, using instruction of the product; information about the entity responsible for origin of such animal feed product;
- b) The label or attachment of other animal feeds must specify information used for identification and trace of origin of such animal feed products.
- The Minister of Agriculture and Rural Development shall elaborate regulations on labeling of animal feeds.
Article 47. Animal feed advertisement
- Providers of animal feed advertisement service must comply with law provisions on advertisement.
- Animal feed information to be advertised must be consistent with the information posted on the portal of the Ministry of Agriculture and Rural Development.
Article 48. Rights and obligations of animal feed producing facilities
- Every animal feed producing facility is entitled to:
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- b) produce animal feeds under provision hereof and other relevant law provisions;
- c) make complaints or denunciations or file a lawsuit about animal feed production as per law provisions;
- d) Commercial animal feeds producing facilities may process appropriate animal feeds as regulated by laws in addition to rights specified in Point a, b and c this Clause.
- Every animal feed producing facility is obliged to:
- a) satisfy conditions applied for animal feed producing facilities during the operation;
- b) set up and follow the procedure for control of animal feed quality, ensure that the animal feeds conform to the applied quality standards declared and equivalent national technical regulations ensure trace of animal feed origin and record the process of animal feed quality control.
- c) use products and ingredients meeting law regulations in animal feed production and ensure that the minimum shelf life of feed ingredients in the finished product is equal to that of such finished product;
- d) undergo inspection of production conditions and animal feed quality carried out by competent regulatory agencies and take legal responsibility for quality of animal feeds produced;
- dd) Commercial animal feed producing facilities must declare the applied quality standards, make conformity declaration, label animal feeds and retain all animal feed dossiers as regulated; retain the production journals and results of animal feed testing for at least 2 years; keep animal feed samples for at least 30 days from the expiry date of the product; send periodic or irregular reports on animal feed production as regulated by the Minister of Agriculture and Rural Development and fulfill all obligations specified in Point a, b, c and d in this Clause.
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- Every trading, importing or exporting facility of animal feeds is entitled to:
- a) State policies related to trading in animal feeds;
- b) sell or buy or import or export animal feeds under provisions hereof and other relevant law provisions;
- c) make complaints or denunciations or file a lawsuit about trading in or import or export of animal feeds as per law provisions;
- Every trading, importing or exporting facility of animal feeds must:
- a) satisfy conditions applied for trading, importing or exporting facilities of animal feeds during the operation;
- b) comply with law provisions regarding assurance of quality and origin of animal feeds;
- c) take measures to maintain animal feed quality upon recommendation of animal feed producers with the aim of maintaining quality of animal feeds;
- d) quote prices and undergo inspection of animal feed prices;
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- e) not trade or import or export animal feed products containing substances prohibited from use in animal feeds;
- g) trade, import or export animal feeds whose information is posted on the portal of the Ministry of Agriculture and Rural Development;
- h) record and store information about animal feeds during trading, importing or exporting process for the purpose of tracing their origin;
- i) set up a procedure for assessment and selection of producers or supplies of imported animal feeds; prepare and implement plans for inspection of quality of imported animal feeds to ensure that their quality is conformable to the one specified in sale contracts and applied quality standards and technical regulations.
Article 50. Rights and obligations of animal feed users
- Every user of animal feeds is entitled to:
- a) be provided with sufficient information about quality, origin, prices and instructions for use of animal feeds by suppliers of such animal feeds
- b) make complaints or denunciations or file a lawsuit about animal feed use as per law provisions;
- c) be compensated for damage as per law provisions.
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- a) use animal feeds meeting food quality and safety regulations for assurance of health of human and domesticated animals and environment;
- b) comply with law provisions and guidance on transport, storage, maintenance and use of animal feeds provided by animal feed suppliers;
- c) undergo inspection of animal feed quality carried out by competent regulatory agencies.
- d) cooperate in handling animal feeds and animal products that fail to meet quality and safety regulations as regulated by laws;
- dd) keep a journal of use of animal feeds containing antibiotics as regulated.
Article 51. Rights and obligations of animal feed testing facilities
- Every animal feed testing facility is entitled to:
- a) test animal feeds as per law provisions;
- b) be paid for animal feed testing as per law provisions;
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- Every animal feed testing facility is obliged to:
- a) satisfy conditions applied for animal feed testing facilities during its operation;
- b) take responsibility for the animal feed testing result;
- c) retain the testing dossier for at least 3 years;
- d) undergo inspection of animal feed testing carried out by competent regulatory agencies.
Chapter IV
CONDITIONS APLIED FOR LIVESTOCK BREEDING FACILITIES AND TREATMENT OF LIVESTOCK WASTE
Section 1. CONDITIONS APPLIED FOR LIVESTOCK BREEDING FACILITIES
Article 52. Livestock production scale
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- a) Livestock farm including large, medium and small scale livestock farms;
- b) Family farm
- The Government shall elaborate this Article.
Article 53. Livestock units and breeding density
- Livestock unit is the unit used for calculation of weight of live cattle and poultry not based upon their breed, age or gender. Each livestock unit refers to 500 kg of weight of live livestock.
- Breeding density refers to total livestock unit per 1 hectare of agricultural land.
- The livestock production scale shall be determined based upon breeding density.
- The Government shall specify the regional breeding density according to livestock breeding development strategies, breeding technology and ecological environment.
- Provincial People’s Committees shall specify the breeding density in provinces and centrally-affiliated cities upon consideration of regional breeding density.
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- Every organization and individual breeding livestock must make declaration of such breeding with commune-level People's Committees.
- The Minister of Agriculture and Rural Development shall stipulate species and number of livestock required to be declared, declaration date and form of livestock breeding declaration.
Article 55. Livestock farms
- Every livestock farm must:
- a) be located in the area conformable to the local and regional socio-economic development strategy and breeding development strategy, and meet breeding density requirements specified in Clause 4 and 5 Article 53 hereof;
- b) be supplied with adequate water to ensure quality of breeding activities and livestock waste treatment;
- c) take measures to protect environment under law provisions on environmental protection;
- d) have breeding housing and breeding equipment suitable for each kind of livestock;
- dd) have its breeding process, use of animal feeds, veterinary medicines and vaccines and other information recorded for the purpose of tracing origin of domesticated animals and retain such record for at least 1 years from the end of breeding period;
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- Any organization or individual running large-scale livestock farms must be granted a certificate of eligibility for animal husbandry.
- The Minister of Agriculture and Rural Development shall stipulate the safe distance in livestock farms to ensure biosecurity, resistance to diseases and environment protection.
Article 56. Family farms
Every family farm must:
- have breeding housing separated from human residences;
- have its breeding housing and breeding instruments cleaned and disinfected;
- be subject to appropriate methods for cleaning to prevent animal epidemic and have its livestock waste, wastewater, dead livestock and other livestock waste handled under law provisions on veterinary and environmental protection.
Article 57. Rights and obligations of breeding organizations and individuals
- Every organization or individual running livestock farming is entitled to:
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- b) State policies related to animal husbandry;
- c) be trained in animal breeding;
- d) advertise livestock products as per law provisions;
- dd) make complaints or denunciations or file a lawsuit regarding livestock breeding as per law provisions;
- Every organization or individual running livestock farming is obliged to:
- a) declare livestock breeding as prescribed in Article 54 hereof;
- b) take biosecurity measures and environmental cleaning measures in livestock breeding;
- c) treat livestock waste under law provisions on environmental protection;
- d) treat domesticated animal humanely as per law provisions.
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- Provincial People's Committees may have the authority to issue, re-issue and revoke certificates of eligibility for livestock breeding.
- Any certificate of eligibility for livestock breeding will be re-issued if:
- a) it is lost or damaged;
- b) information about the organization or individual mentioned in such certificate is changed;
- Any certificate of eligibility for livestock breeding will be revoked if:
- a) the information specified in such certificate is erased or adjusted;
- b) the livestock farm no longer satisfies conditions specified in Article 55 hereof;
- c) the livestock farm commits other violations for which the penalty is revocation of certificate of eligibility for livestock breeding as per law provisions.
- The Government shall specify the application and procedure for issuance, re-issuance and revocation of certificates of eligibility for livestock breeding.
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Article 59. Treatment of waste from livestock farms
- Livestock waste includes organically-originated solid waste, wastewater, exhaust gases and other waste.
- Organically-originated solid waste shall be treated as follows:
- a) Owners of livestock farms shall take responsibility to treat organically-originated solid waste meeting national technical regulations before use of such waste as fertilizers for plants or aqua feeds;
- b) Organically-originated solid waste not undergoing treatment must be moved out the livestock farm to treatment places by dedicated equipment and vehicles;
- c) Livestock died from epidemics and other hazardous waste must be handled under law provisions on animal health and environmental protection.
- Livestock wastewater shall be treated as follows:
- a) Owners of livestock farms shall take responsibility to collect and treat livestock wastewater meeting national technical regulations on livestock wastewater before discharging such wastewater into the waste receiving place under law provisions on environmental protection;
- b) Livestock wastewater undergoing treatment meeting national technical regulations on livestock waste may be used for plants;
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- a) Owners of livestock farms shall treat exhaust gases from animal breeding meeting national technical regulations on livestock exhaust gases.
- Treatment of other waste must comply with law provisions on veterinary and environmental protection.
Article 60. Treatment of waste from family farms
Every owner of family farm must:
- take measures to treat livestock excrement, wastewater and exhaust gases for the purpose of protecting environmental hygiene and not affecting surrounding people;
- handle domesticated animals died from epidemics and other hazardous waste under law provisions on animal health and environmental protection.
Article 61. Treatment of noise from animal farming
- Noise from animal farming includes noise from domesticated animals and devices used for breeding.
- Owners of family farms shall handle noise from livestock production meeting national technical regulations on noise from animal farming.
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- Products of livestock waste treatment must satisfy the following requirements before being put on circulation:
- a) Declaration of quality standards applied to such products and conformity must be made as per law provisions;
- b) Products’ quality must be conformable to the one specified in applied standard declared;
- c) Information about such products must be posted on the portal of the Ministry of Agriculture and Rural Development;
- d) Products of livestock waste treatment that are firstly produced or imported into Vietnam containing new substances not tested in Vietnam must undergo testing before product declaration.
- The Government shall elaborate this Article.
Article 63. Management of facilities manufacturing livestock waste treatment products
- Scope of management of facilities manufacturing livestock waste treatment products includes:
- a) Production place located in the area not contaminated by hazardous waste;
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- c) Lines and equipments suitable for production;
- d) Measurement devices and instruments used for quality supervision and accuracy assurance as per law provisions on measurement;
- dd) Warehouses for waste treatment products and livestock products requiring separate maintenance mechanism;
- e) Technicians who obtain a university degree or higher in animal husbandry, veterinary medicine, chemistry, biological technology or environmental technology.
- The Government shall elaborate this Article.
Chapter V
BREEDING OF OTHER ANIMALS AND HUMANE TREATMENT OF DOMESTICATED ANIMALS
Section 1. RAISING OF OTHER ANIMALS
Article 64. Management of swallow breeding
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- Breeding of swallows includes attracting, hatching, raising swallows and using swallows' nests.
- Entities operating swallow breeding farms in the area permitted for raising of swallows must satisfy requirements for habitat environment, livestock noise, disease prevention and food safety as per law provisions.
- The Government shall elaborate this Article.
Article 65. Management of beekeeping
- Bees raised for honey gathering are bees domesticated and resistant to animal diseases.
- Beekeepers must ensure that their bees are resistant to diseases ensure breeding environmental hygiene and meet food safety and food hygiene standards applied for products generated from honey-bees.
- The Minister of Agriculture and Rural Development shall stipulate distances among bee positions, bee movement method, plants and flowers used for beekeeping and use of honey-bees for plant pollination purpose.
Article 66. Management of dog and cat raising
Every dog or cat raiser must:
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- promptly inform the commune-level People's Committee or the local officer of livestock production or animal health if founding that his/her dog or cat experiences symptoms of rabies and take actions as per law provisions on veterinary medicine;
- take measures to ensure safety of human and other domesticated animals, ensure environmental hygiene and meet conditions or veterinary hygiene;
- make compensations as per law provisions if his/her dog or cat attacks or causes damage to others.
Article 67. Management of sika deer raising
- Organizations or individuals are permitted to raise sika deer that are domesticated and legally originated and must take legal responsibility for the origin of the sika deer raised.
- Raisers of sika deer must own deer housing suitable for biological characteristics of sika deer, ensue safety of people and other animals, environmental hygiene, satisfy conditions for veterinary hygiene, disease prevention and food safety as per law provisions.
- The Government shall elaborate this Article.
Article 68. Management of raising of other animals
- Organizations and individuals are permitted to raise other animals specified in Article 64, 65, 66 and 67 of this Law and animals on the list of other animals permitted for raising.
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Section 2. HUMANE TREATMENT OF LIVESTOCK
Article 69. Humane treatment of livestock in animal breeding
Every organization or individual involved in livestock breeding must:
- own breeding housing and breeding space suitable for the livestock;
- provide adequate animal feeds and water meeting hygiene conditions;
- prevent and treat diseases for his/her livestock as per law provisions on veterinary medicine;
- not beat or maltreat the livestock.
Article 70. Humane treatment of livestock during transportation
Every organization or individual transporting livestock must:
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- provide adequate animal feeds and water;
- not beat or maltreat the livestock.
Article 71. Humane treatment of livestock in slaughter
Every slaughter facility must:
- have places for storage of livestock for hygiene assurance purpose; provide sufficient water suitable for the livestock pending slaughter 2. reduce fear and pain of livestock; not beat or maltreat such livestock;
- take measures to make the livestock pass out before slaughter and not allow the livestock to witness slaughter of their fellow-creatures.
Article 72. Humane treatment of livestock used in scientific research and other activities
- Livestock used in scientific research and other activities must be given humane treatment as prescribed in Article 69, 70 and 71 hereof.
- Human treatment of livestock must respect and conform to belief, religion and traditional culture and must be approved by the whole community.
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ANIMAL PRODUCT PROCESSING AND ANIMAL PRODUCT MARKET
Article 73. Livestock slaughter
- Livestock slaughter must comply with law provisions on veterinary medicine, food safety and humane treatment of livestock.
- Slaughter facilities must have dossier of origin of livestock to ensure they could trace back the origin of the livestock for slaughter.
Article 74. Trading in, processing of animal products
- Facility trading or processing animal products must comply with law provisions on veterinary medicine, food safety and environmental protection.
- Animal products traded or processed must have their origin claimed for the purpose of tracing back origin of such products.
- Trading in animal products in the area where diseases are claimed must comply with law provisions on veterinary medicine.
- It is prohibited to use additives, substances supporting processing of animal products that are out of date, substances not on the list of substances permitted for use or on the list of substances permitted for use but exceeding the specified limit; chemicals with unknown origin and chemicals prohibited from use in processing of animal products as per law provisions.
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- Maintenance of animal products in processing facilities, trading areas and during transportation must comply with law provision on veterinary medicine, food safety and environmental protection.
- It is prohibited to use additives, substances supporting maintenance of animal products that are out of date, substances not on the list of substances permitted for use or on the list of substances permitted for use but exceeding the specified limit; chemicals with unknown origin and chemicals prohibited from use in maintenance of animal products as per law provisions.
- It is required to clearly specify time, duration and technical regulations applied for maintenance of animal products.
Article 76. Forecast of animal product market
- The Ministry of Industry and Trade shall provide annual forecast of market demand for animal products while the Ministry of Agriculture and Rural Development will forecast about supply of animal products and announce the aforementioned information in specialized newsletters or on mass media.
- The Ministry of Industry and Trade and Ministry of Agriculture and Rural Development shall update prices and domestic market of animal products on a weekly basis and international market on a monthly basis and as required by state management agencies and publish such information through specialized newsletters and mass media.
Article 77. Export of livestock and animal products
- Organizations and individuals are permitted to export animal products and livestock not on the list of livestock breeds prohibited for export.
- Profile and quality of livestock and animal products exported must meet the requirements of exporters and exporting countries and must be conformable to the Vietnamese law provisions.
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- There must be records of origin of livestock and animal products imported meeting requirements for food quality and safety and disease resistance as per law provisions.
- Livestock and animal products imported must undergo inspection of food quality and safety and disease resistance as per Vietnamese law provisions before entering the territory of the Socialist Republic of Vietnam through the specified border checkpoint.
- The Minister of Agriculture and Rural Development shall consider and decide to check legal documents, enforcement system and conditions for production of and trading in livestock and animal products of the exporting country under provisions of the Vietnamese laws and international agreement to which the Socialist Republic of Vietnam is a signatory in the following cases:
- a) Assessment for mutual recognition;
- b) First import of livestock and animal products;
- c) Discovery of risk of effects on quality, environment, food safety and resistance to diseases from animal products imported into Vietnam.
- d) Inspection visit to production facilities of the exporting countries before import is required if the animal product intended for export poses a high risk to food safety and disease resistance.
- Animal products imported against law provisions on food safety and quality and disease resistance must be withdrawn and handled as per law provisions.
- The Government shall elaborate Point d Clause 3 this Article and stipulate import of live animals for slaughter purpose and border checkpoints permitted to receive live animals imported into Vietnam.
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STATE MANAGEMENT IN ANIMAL HUSBANDRY
Article 79. Responsibilities of the Government, Ministries and ministerial agencies
- The Government shall unify state management in animal husbandry nationwide.
- The Ministry of Agriculture and Rural Development shall play the role of the contact point to assist the Government in performing the task of state management in animal husbandry nationwide and take responsibility to:
- a) set up and provide guidelines for implementing strategies, plans and schemes for animal husbandry;
- b) issue, as authorized, or send proposals to the competent authority to issue and implement policies and legislative documents on animal husbandry;
- c) set up national technical standards and regulations on animal husbandry; regulations on quality standards needed to be declared and develop and provide guidelines on procedures for good practice of animal husbandry;
- d) carry out basic investigation into animal husbandry and make statistical reports on animal husbandry;
- dd) conduct scientific research and apply high, advanced and modern technology;
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- g) provide information and disseminate education of the law on animal husbandry;
- h) check and handle complaints and denunciations and take action against violations of the law on animal husbandry as authorized;
- i) play the role of a contact point to cooperate with international countries in animal husbandry.
- Ministries and relevant ministerial agencies, as authorized and assigned, shall cooperate with the Ministry of Agriculture and Rural Development in performing the task of state management in animal husbandry.
Article 80. Responsibilities of various-level People’s Committees
- Provincial People’s Committees, as authorized and assigned, shall:
- a) perform the task of state management in animal husbandry under management;
- b) issue, as authorized, or send proposals to the competent authority to issue guiding documents and organize enforcement of the law on animal husbandry in the area under management and promulgate local technical regulations on animal husbandry;
- c) set up a local strategy on animal husbandry development in conformity with the nationwide animal husbandry development strategy and local socio-economic development strategy;
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- dd) provide guidelines, offer dissemination and training in the law of animal husbandry;
- e) check and handle complaints and denunciations, and take actions against violations as authorized and cooperate with other local government authorities in handling violations of the law on animal husbandry in the area under management;
- g) transfer or lease out land, set up a land fund, ensure sufficient water sources for development of animal husbandry and production of ingredients used in animal feeds and operation of concentrated slaughter facilities as authorized; issue, re-issue and revoke certificates of eligibility of animal breeding of large-scale animal farms;
- h) send proposals of urban areas in the city, district-level towns, commune-level towns or residential areas that are not permitted for animal breeding and zones for swallow raising, and supporting policies on relocation of breeding facilities from places not permitted for animal raising to provincial People's Councils;
- District-level People’s Committees, as authorized and assigned, shall:
- a) provide guidelines and dissemination of knowledge about the law on animal husbandry;
- b) transfer or lease out land and set up a land fund as authorized to develop animal husbandry and produce ingredients used in animal feeds;
- c) manage and develop local animal breeding, provide statistic works and assessment and offer assistance to breeding facilities suffering losses due to natural disasters or epidemics;
- d) check and handle complaints and denunciations and take action against violations of the law on animal husbandry committed within the district-level areas as authorized;
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- a) provide dissemination and education of the law on animal husbandry;
- b) make declaration of commune-level animal breeding;
- c) make a statistical report of breeding facilities, breeding households and animal feed producing facilities in communes.
Article 81. Responsibilities of Vietnamese Fatherland Front and organizations thereof and socio-professional organizations and social organizations
- Vietnamese Fatherland Front and organizations thereof, as assigned and authorized, shall disseminate and encourage people to implement policies, enforce the law on animal husbandry; give opinions to formulate law provisions, carry out monitor and social feedback in animal husbandry as per law soft provisions.
- Socio-professional organizations and social organizations shall give advice about formulation of law provisions on animal husbandry and participate in animal breeding as per law provisions.
Chapter VIII
ENFORCEMENT PROVISIONS
Article 82. Effect
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- Ordinance on livestock breeds No.16/2004/PL-UBTVQH11 will expire on the effective date of this Law.
Article 83. Transfer provisions
- Testing organizations and laboratories designated; licenses or certificates of animal husbandry issued before the effective date of this Law can be operated and used until they expire.
- Breeding facilities constructed and put in operation before the effective date of this Law that are specified in Clause 1 Article 12 hereof shall cease their operations or shall be relocated to appropriate places within 5 years from day on which this Law takes effect.
- Breeding facilities constructed and put in operation before the effective of this Law that fail to meet conditions for animal breeding shall fulfill animal breeding conditions specified in this Law within 5 years from the day on which this Law comes into force.
This Law is passed by the 14th National Assembly of the Socialist Republic of Vietnam in the 6th meeting on November 19, 2018.
CHAIRPERSON
Nguyen Thi Kim Ngan
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