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:

1. Clause 1, Article 5 is amended and supplemented as follows:

“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.”

6. Point d, Clause 2, Article 6 is amended and supplemented as follows:

“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

1. Advertisements of animal feeds must conform with applied standards and corresponding technical regulations (if any) and contain the following information:

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:

a) Print media, portals, electronic devices, terminal devices, telecommunication and technological devices, printed materials, audio and video recordings locally owned;

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).

c) Product information announced by manufacturers: product name, name and address of manufacturer, name of raw materials, quality norms, uses and use instructions.

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.

Article 4. Implementation

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./.

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)

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:

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.

APPENDIX 28

THE CERTIFICATE
(Enclosed with Circular No. 29/2015/TT-BNNPTNT dated September 04, 2015 of the Ministry of Agriculture and Rural Development)

THE CERTIFICATE No. /20…/XNQC – An acronym for Name of Competent Agency

(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.

Organization or Individual shall be responsible for advertising the product according to the advertisement copy as confirmed./.

1. Advertisement copy is enclosed with this Certificate.