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THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.
29/2015/TT-BNNPTNT
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Hanoi,
September 04, 2015
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CIRCULAR
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE CIRCULAR No. 66/2011/TT-BNNPTNT
DATED OCTOBER 10, 2011 DETAILING A NUMBER OF THE GOVERNMENT’S DECREE No.
08/2010/NĐ-CP DATED FEBRUARY 05, 2010 ON MANAGEMENT OF ANIMAL FEEDS
Pursuant to the Government's
Decree No. 08/2010/NĐ-CP dated February 05th 2010 on the management of animal
feeds;
Pursuant to the Government's
Decree No. 199/2013/NĐ-CP dated November 26, 2013 defining the functions,
tasks, entitlements and organizational structure of the Ministry of Agriculture
and Rural Development;
Pursuant to the Government's
Decree No. 181/2013/NĐ-CP dated November 14, 2013 detailing the implementation
of a number of the Law on Advertising;
At the request of General
Director of Directorate of Fisheries, the Director of the Department of
Livestock Production,
The Minister of Agriculture and
Rural Development promulgates the Circular amending and supplementing a number
of articles of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing
a number of the Government’s Decree No. 08/2010/NĐ-CP dated February 05, 2010
on the management of animal feeds.
Article 1. Amending,
supplementing and annulling a number of articles of the Circular No.
66/2011/TT-BNNPTNT dated October 10, 2011 detailing a number of articles of the
Government’s Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management
of animal feeds that have been amended and supplemented in Circular No.
50/2014/TT-BNNPTNT dated December 24, 2014 (hereinafter referred to as Circular
No. 66/2011/TT-BNNPTNT) as follows:
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“1. Animal feeds eligible for sale
in Vietnam are the animal feeds that have been recognized as eligible for sale
in Vietnam by Directorate of Fisheries or the Department of Livestock
Production after approval is issued by the Minister of Agriculture and Rural
Development. Directorate of Fisheries and the Department of Livestock
Production shall be responsible for carrying out monthly compilation and
announcement of the list of animal feeds allowed to be circulated in Vietnam on
the portals of Directorate of Fisheries, the Department of Livestock Production
and the Ministry of Agriculture and Rural Development.
Time for circulation of animal
feeds in Vietnam is five years since the date of recognition. Six months before
the circulation date expires, any organization or individual that has demands
may make registration with Directorate of Fisheries or the Department of
Livestock production”
2. Point c, Clause 2, Article 5 is
amended and supplemented as follows:
“c) Test results on domestic
animals recognized by Directorate of Fisheries or the Department of Livestock
production (only new animal feeds are applied).”
3. Phrase “Test results on
complete mixture of animal feeds" in the forth line of Point c, Clause 3,
Article five is hereby annulled.
4. Point b, Clause 5, Article 5 is
amended and supplemented as follows:
“b) Within no more than three
working days since receipt of applications, Directorate of Fisheries or the
Department of Livestock Production shall be responsible for inspecting
composition of the applications and making written notice to organizations and
individuals as applicants for amendments or supplements upon detection of
anything unsatisfactory.”
5. Point c, Clause 5, Article 5 is
amended and supplemented as follows:
“c) Within no more than 12 working
days since receipt of eligible applications, Directorate of Fisheries or the
Department of Livestock production shall be responsible for appraising
applications and issuing recognition for circulation of animal feeds in Vietnam
(See Form as prescribed in Appendix 4A enclosed herewith) upon receipt of
written approval from the Minister. Otherwise, Directorate of Fisheries or the
Department of Livestock production shall issue a written notice stating the
reasons.”
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“b) Within no more than three
working days since receipt of applications for recognition of quality,
Directorate of Fisheries or the Department of Livestock production shall be
responsible for inspecting applications and making written notice to
organizations and individuals as applicants for amendments or supplements upon
detection of anything unsatisfactory.”
Within no more than 12 working
days since receipt of eligible applications, Directorate of Fisheries or the
Department of Livestock Production shall be responsible for appraising
applications and issuing recognition for circulation of animal feeds in Vietnam
(See Form as prescribed in Appendix 4A enclosed herewith) upon receipt of
written approval from the Minister. Otherwise, Directorate of Fisheries or the
Department of Livestock production shall issue a written notice stating the
reasons.”
7. Point a, Clause 2, Article 21a
is amended and supplemented as follows:
“a) Manner of inspection:
application-based inspection, organoleptic inspection and sampling shall be
used to analyze at least one criterion for safety and one criterion for quality
under applied standards or corresponding national technical regulations
ensuring safety and quality of products are adequately evaluated. Appointed
inspection agencies and organizations must determine particular criteria and be
responsible for results of inspection and assessment of quality and safety of
animal feeds."
8. “Analysis method” as prescribed
in Appendix 19 is amended as follows: “Specified in Clause 7, Article 1
hereof.”
Article 2. Supplements to
Chapter IVa of Article No. 66/2011/TT-BNNPTNT as follows:
“Chapter IVa
ADVERTISEMENT OF ANIMAL FEEDS
Article 29a. Advertisements of
animal feeds
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a) Name of animal feeds;
b) Origin of raw materials for
processing;
c) Names and addresses of
organizations and individuals responsible for launching products to the market.
2. Advertisements of animal feeds
must be approved by competent agencies as prescribed in Article 29b hereof.
Article 29b. Authority to issue
Certificates of Confirmations on Advertisement Copy (hereinafter referred to as
the Certificate) for animal feeds
1. Directorate of Fisheries, the
Department of Livestock production shall issue the Certificate for animal feeds
that are to be advertised on:
a) Print media, portals,
electronic devices, terminal devices, telecommunication and technological
devices, printed materials, audio and video recordings centrally owned and
published across the country;
b) Trade fairs, workshops,
conferences, events, exhibitions, cultural and sporting programs across the
country;
2. The Branch of Fisheries, Branch
of Livestock Production and Veterinary Medicine shall issue Certificate for
animal feeds that are to be advertised on:
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b) Billboards, banners,
signboards, LED advertising screens...;
c) Traffic vehicles;
d) Trade fairs, workshops,
conferences, events, exhibitions, cultural and sporting programs at local
level;
dd) Advertisement transmitters,
advertising objects;
e) Other advertising media as
prescribed;
Article 29c. Applications, order
and procedures for issuance of the Certificate for animal feeds
1. Applications
a) Application form as prescribed
in Article 27 enclosed herewith;
b) Copy of written recognitions
for circulation of animal feeds in Vietnam (for applications sent to local
competent agencies, a certified true copy must be included. If direct
submission is made, originals must be included for comparison).
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d) Written explanation of
advertisement copy (advertisement copy, advertising media, location and
duration)
2. Submission of applications
a) Organizations and individuals
may submit applications directly or by post to competent state administration
agencies as prescribed in Article 29b hereof;
b) Quantity of applications: One
set
3. Scrutiny and issuance of the
Certificate for animal feeds;
a) Within no more than three
working days since receipt of applications, competent state administration
agencies as prescribed in Article 29b hereof shall be responsible for
inspecting applications and making written notice to organizations and
individuals as applicants for amendments or supplements upon detection of
anything unsatisfactory.”
b) Within no more than 10 working
days since receipt of eligible applications, Directorate competent state
administration agencies as prescribed in Article 29b hereof shall be
responsible for issuing the Certificate according to Form as prescribed in
Appendix 28 enclosed herewith. Otherwise, competent state administration
agencies must issue a written notice stating the reasons.
Article 3. Effect
This Circular takes effect since
September 04, 2015.
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Chief of the Ministry Office,
general directors of Directorate of Fisheries, the Director of the Department
of Livestock Production, Director of the Services of Agriculture and Rural
Development of central-affiliated cities and provinces, heads of units
affiliated to Ministries and relevant organizations and individuals shall be
responsible for executing this Circular./.
THE MINISTER
Cao Duc Phat
APPENDIX 27
APPLICATION
FORM FOR CONFIRMATIONS ON ADVERTISEMENT COPY FOR ANIMAL FEEDS (Enclosed with
Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of the Ministry of
Agriculture and Rural Development)
Name of Organization or Individual
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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…,
dated... …
WRITTEN
FORM FOR CONFIRMATIONS ON ADVERTISEMENT COPY FOR ANIMAL FEEDS
Respectfully
addressed to: Name of Competent Agency
Name of Organization or Individual
applying for confirmations:
Address:
Phone number: Fax:
E-mail:
Operation License No.: ....
Full name and phone number of the
person as an applicant hereby respectfully requests (Name of Competent Agency)
to consider and confirm the advertisement copy for animal feeds as follows:
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Name of animal feeds
Product code
Recognition code
Name and address of manufacturer
Advertising media
1.
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…
We hereby undertake to advertise
the product in accordance with advertisement copy as confirmed and fully comply
with provisions as set out in abovementioned legislative documents and other
provisions set out in the Law on Advertising. We shall be also responsible to
the laws for any information wrongly advertised.
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Representative of Organization or Individual (Signature and stamp)
APPENDIX 28
THE
CERTIFICATE
(Enclosed with Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of
the Ministry of Agriculture and Rural Development)
Name of Governing Body, Competent Agency giving confirmations on
advertisement copy
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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…,
Dated.......
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(Name of Competent
Agency)......hereby confirms:
Name of Organization or Individual
(that gives confirmations):...
Address:
Phone
number:.....................Fax:.....
Fax........................................E-mail:....
Advertisement copy of animal
feeds as specified below is confirmed to be in full compliance with applicable
regulations.
No.
Name of animal feeds
Product code
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Name and address of manufacturer
Advertising media
1.
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Organization or Individual shall
be responsible for advertising the product according to the advertisement copy
as confirmed./.
HEAD OF THE UNIT
(Signature and stamp)