THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
15-CP
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Hanoi
,March 19, 1996
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DECREE
ON THE MANAGEMENT OF ANIMAL FEEDS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
In order to increase the effect of State management on animal feeds;
At the proposal of the Minister of Agriculture and Rural Development and the
Minister of Aquaculture,
DECREES:
Article 1.- In this Decree the following terminologies are
construed as follows:
1. Domestic animals include various kinds of
domestic cattle, poultry, bees, silkworms and aquatic animals.
2. Animal feeds are products which have gone
through industrial processing and which have their origins in vegetation,
animals, microorganisms, chemicals and minerals to supply nutrients to the
domestic animals in order to ensure their living conditions, growth,
development and reproductivity.
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4. Complementary food are materials added to the
ration in order to supplement the substances necessary for the living body of
the domestic animal.
5. Complete compound feed is the mixture of many
single feeds processed according to a given formula to ensure the necessary
nutrients to maintain the life and the production capacity of the domestic
animals which require no other food except drinking water.
6. Protein-rich feeds are feeds with a high
content of raw protein which account for more than 35% of the weight of the dry
materials.
7. Condensed feeds are protein-rich feeds with a
high content of protein, minerals , vitamins , amino acids and antibiotics.
8. Premix is a compound of micro-nutrients mixed
with additives.
9. Daily ration is the quantity of feed
necessary to meet the nutritional need in a day and night of a domestic animal
according to each period aimed at assuring the preservation and development of
the animal and its normal productivity.
10. Commodity food is the food in circulation
and consumed on the market.
Article 2.- The State exerts unified management in the
production, business, export and import of animal feeds aimed at protecting the
legitimate interests of the producer, business people and user of animal feeds.
Article 3.- The State invests budget capital in :
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2. Training specialists in animal feeds in order
to check and evaluate the quality of feeds and formulate the norms of quality
for animal feeds.
Article 4.- The State shall adopt appropriate credit
policies for the organizations and individuals producing animal feeds in order
to strengthen the material bases and renovate the equipment and technologies,
and step by step modernize the production of animal feeds.
Article 5.- The organizations and individuals in the
country and abroad engaged in the production of animal feeds on Vietnamese
territory have to fill the following conditions:
1. To have a site, a workshop and equipment and
a technological process for the production of animal feeds that can ensure the
norms in quality, veterinary and environmental hygiene;
2. To have the conditions or means to check the
quality of the raw materials and products before their issue from the factory.
3. To have technical personnel who can meet the
needs of production technology and check the quality of the animal feeds.
Article 6.- An organization or an individual that produces
and does business in animal feeds must have a business license as prescribed by
law.
Article 7.- An organization or individual engaged in
the production of the kinds of commodity animal feeds must register their
commodity quality standards as required by law.
Article 8.- Before their marketing the feeds must go
through laboratory test and have the result of the check and a specimen filed
for monitoring.
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Article 10.- An organization or individual that
produces or does business in animal feeds is not entitled to produce and trade
at the same site other commodities which are noxious.
Article 11.- The name of the registered enterprise
must be hung at the site of production or business of the concerned animal
feed.
Article 12.- The following animal feeds are banned
from production and business:
1. Substandard feeds or feeds which have expired
their date of use;
2. Feeds which have no license or whose license
has been suspended or revoked;
3. Feeds in irregular packaging or without trade
mark;
4. Feeds that are not featured in the list
allowed for production or business prescribed by the Minister of Agriculture
and Rural Development if they are feeds used in agriculture, and by the
Minister of Aquaculture if they are feeds used in aquaculturre;
5. Animal feeds which have active matters in
hormone or which are anti-hormone, which have toxic matters, or which contain
noxious matters above the allowed level.
Article 13.- All the commodity animal feeds must have
a package and trade mark. In case of goods delivery which does not require a
trade mark, they must have a certificate of quality norms prescribed in the
contract marked with the date of production and the date of expiration.
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Article 15.- The trade mark must be written in
Vietnamese. It can also be written in a foreign language but the contents of
the trade mark must be prescribed by the Ministry of Agriculture and Rural
Development if they are animal feeds used in agriculture, and by the Ministry
of Aquaculture if they are animal feeds used in aquaculture.
Article 16.- For the non-nutritous animal feeds used
for diagnosis, treatment or disease prevention which may influence the domestic
animal, the trade mark and label must clearly record the name and quantity of
that substance, its method of use, its production date and expiry date, and
instruction on its use.
Article 17.- Publicity is allowed only for those
commodity animal feeds which have been issued with a quality certificate by an
authorized agency.
Article 18.- An organization or individual that wants
to export or import animal feeds must fill the procedure of application for
export and import as required by the current legislation concerning the export
and import of agricultural products.
Article 19.- The import of animal feeds and materials
for the production of feeds containing elements harmful to the health of the
animals and human beings and causing environmental pollution is prohibited. The
Minister of Agriculture and Rural Development and the Minister of Aquaculture
shall, within their functions and powers, define a concrete list of those
banned from import feeds and raw materials for their production and make them
public in January each year.
Article 20.- The Ministry of Agriculture and Rural
Development and the Ministry of Aquaculture shall, within their functions and
powers, effect State management of animal feeds in the whole country. They
shall have:
1. To propose to the Prime Minister to
promulgate a policy of encouraging the production and improvement of the
quality of animal feeds;
2. To exert State management over the production
and business in animal feeds;
3. To work out the system of Vietnamese
standards on animal feeds so that the competent agency may promulgate the
Vietnamese standards in this domain;
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5. To make public each year the list of feeds
and raw materials of animal feeds of which production and business are not
allowed;
6. To preside over and cooperate with the
Ministry of Planning and Investment to submit to the Government the general
plan and the plan for production and processing of animal feeds. To issue
documents to guide the branches and localities and the establishments in the
management of the animal feeds.
Article 21.- The People’s
Committees of the provinces and cities directly under the Central Government
shall have to carry out and direct the managerial activities in animal feeds in
their localities through the system of State management of the Agricultural or
Aquacultural Service in the following questions:
1. To organize the management of animal feeds in
their localities under the guidance of the Ministry of Agriculture and Rural
Development if they are animal feeds used in agriculture, and of the Ministry
of Aquaculture if they are animal feeds used in aquaculture;
2. To issue documents to guide the State
management of animal feeds in their localities;
3. To decide to grant or revoke the production
or business licenses for animal feeds in their localities and within their
competence;
4. To prevent and handle the violations
concerning the management of animal feeds in their localities.
Article 22.- The Minister of Agriculture and Rural
Development and the Minister of Aquaculture shall, within their functions and
powers, assign the agencies for State management of the quality of animal feeds
in the whole of their services.
Article 23.- The State management agency on the
quality of animal feeds shall have the following tasks:
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2. To settle disputes over the quality of animal
feeds;
3. To check the quality of animal feeds, to
issue certificates of quality to the animal feeds according to their competence
or at the proposal of the agency authorized to issue the certificate of quality
of animal feeds.
Article 24.- The agency managing the quality of
animal feeds is entitled to send its personnel to the production and business
establishments to enquire into the situation, take samples and collect the
necessary documents as prescribed in order to evaluate the quality of the
feeds.
The sample taking to control the quality of the
animal feeds shall take legal validity even in the absence of the owner of the
production or business establishment. The sample taker must make a written
report on the sample taking and leave behind a sample at the place where the
sample is taken and sealed.
Article 25.- When there is a complaint about the
result of the control of the quality of the feeds, the feed quality management
agency of the State of the immediate higher level shall consider and settle the
case. If the complainant does not agree with the conclusion and the method of
settlement, he/she may propose the State agency managing animal feeds of the
Ministry of Agriculture and Rural Development or the Ministry of Aquaculture to
reconsider and settle the question according to their functions and powers. The
conclusion of these State management agencies on the quality of the animal
feeds of the Ministry of Agriculture and Rural Development or the Ministry of
Aquaculture are final.
Article 26.- An organization or individual engaged in
the production and business in animal feeds shall have to pay fees and expenses
for the control of the quality of the feeds.
Article 27.- When the animal feed product is found
below the quality standard the State management authority may suspend the
delivery or marketing of the product. The animal feed which does not meet the
safety norms for the animals shall be withdrawn from circulation and this will
be notified to the public on the mass media.
Article 28.- An organization or individual that has
made meritorious achievements in the management of animal feeds or in
scientific research, production and business in animal feeds shall be commended
and rewarded.
The persons who violate the provisions of this
Decree shall, depending on the extent of the damage they cause to the State or
to the organization and individual, shall be sanctioned and have to pay
compensations for the material damage as prescribed by law.
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Article 30.- This Decree takes effect on the date of
its signing. The earlier regulations which are contrary to this Decree are now
annulled.
The Ministry of Agriculture and Rural
Development and the Ministry of Aquaculture shall, within their functions and
powers cooperate with the concerned agencies to guide and promote and control
the implementation of this Decree.
Article 31.- The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People’s
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai