You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 23, 2022

New Regulations on Animal Feed in Vietnam

Subscribe to Updates

On July 13, 2022, the Vietnamese government issued Decree No. 46/2022/ND-CP amending and supplementing some articles of Decree No. 13/2020/ND-CP providing detailed guidance on the Law on Animal Husbandry (“Decree 46”). The new decree took effect on the issuance date. Among the changes introduced by Decree 46 are a number related to animal feed.

Recognition of Testing Methods of Exporting Countries

Decree 46 clarifies the steps to recognize animal feed testing methods of laboratories in exporting countries. Under the amended regulations, the Department of Livestock Production (DLP) will organize an assessment team to appraise each dossier for recognition of animal feed testing methods within 30 days of receipt of a complete dossier.

If the dossier lacks required information or authenticity, the DLP will organize a practical assessment team at the exporting country’s testing laboratory. If the dossier passes the assessment, within five working days from the completion of the assessment, the DLP will issue a decision on recognition of the testing method. The validity of this decision has been lengthened from three years to five years.

State Inspection of Animal Feed Quality

Process of State Inspection

Decree 46 specifies the process to conduct state inspection of the quality of imported animal feed by unifying the regulations stipulated in the related legal documents listed in Decree 13. The process includes the submission of a state inspection dossier, timelines to receive feedback from the inspection authority, and further steps that can be taken upon receiving acceptance or refusal decisions from the authority.

For traditional animal feed and complete compound animal feed, imported shipments are customs-cleared as soon as the importer completes the customs procedures. Within 15 days from the customs clearance date, the importer must submit the conformity assessment results. The importer has complete responsibility for the conformity assessment results, and the compliance of its products with the declared technical regulations and standards. The importer or conformity certification organization must inform the inspection authority if the imported shipments do not pass the conformity assessment.

For other animal feed, importers must complete customs clearance and choose an accredited conformity certification organization to conduct the conformity assessment for the shipment at the same time. The shipment can be customs-cleared only when it passes the conformity assessment. If the shipment fails to pass the conformity assessment, the conformity certification organization must inform the inspection authority of this failure.

A Certificate of Free Sale or equivalent document is no longer required in the registration dossier for state inspection of single-ingredient and traditional animal feed.

Exemption from State Inspection

Decree 46 revises the conditions for exemption from state inspection of imported animal feeds as follows:

  • Animal feeds of the same product type (i.e., same name, same recognition code, same ingredients, same form, and same color), produced by the same manufacturers, and imported by the same importers, after three consecutive import shipments with positive conformity assessment results certified in writing by the inspection authority, are eligible for exemption from state inspection for a period of one year. During the exemption period, the importers do not have to conduct conformity assessment and declare the conformity announcement for each imported shipment. Applications for inspection exemption must be sent to the inspection agency together with the results of three consecutive conformity assessments.
  • The exemption will be suspended if any imported shipments circulating on the market are detected or reported to not be in conformity with the declared technical specification.

Decree 46 also supplements a list of nine categories of imported animal feed that are eligible for exemption from state inspection:

  1. Animal feed temporarily imported for re-export or re-imported for recycling at the request of foreign partners;
  2. Animal feed in transit, at border gates, or transshipped;
  3. Animal feed from abroad delivered to a bonded warehouse;
  4. Animal feed for display at fairs and exhibitions, or for advertising;
  5. Animal feed used as samples for analysis in laboratories;
  6. Animal feed used as test samples for testing, assessment and certification of conformity with national technical regulations or for interlaboratory testing;
  7. Animal feed for scientific research;
  8. Animal feed of inbound persons within the duty-free quota;
  9. Imported animal feed for urgent requirements as decided by the government or the prime minister based on a proposal from the Ministry of Agriculture and Rural Development.

Post-Customs Clearance State Inspection

Decree 46 adds Article 18a on the procedure for state inspection of quality of imported animal feed after customs clearance, to be done in coordination with inspection at the premises of manufacturers, sellers, and importers. Accordingly, the authorities to conduct the inspection include the DLP and the Departments of Agriculture and Rural Development at provincial and central levels.

The frequency of inspection for each product having the same country of origin and/or the same importer will be no more than once per year.

Related Professionals

Industries

Life Sciences

Practices

Regulatory Affairs

Location

RELATED INSIGHTS​ 

March 2, 2021
The cannabis plant has fascinated many civilizations, societies, and individuals through the centuries with its unique properties, and many have learned how to benefit from these, finding a variety of therapeutic and industrial uses of the plant that, in turn, enhanced domestic economies worldwide. In Thailand, cannabis plants and their derivatives have been used since ancient times as treatment for many diseases, and the plant forms a key ingredient in many Thai traditional medicinal remedies. However, over the past few decades, cannabis usage was seen to change in a way that became incrementally more abusive, resulting in outright prohibition in almost all countries. Thailand was no exception, and in 1979 the Thai government officially enacted the Narcotics Act forbidding the use of cannabis and listing cannabis plants and their derivatives—most notably marijuana (cannabis with psychoactive properties) and hemp (cannabis with limited or no psychoactive properties)—as category 5 narcotics (i.e., prohibited substances). Despite these restrictions, many Thais continued to use cannabis illegally, and some urged the government to legalize personal and commercial use of cannabis plants and their derivatives. Eventually, some in the Thai government agreed that it was time to consider steps toward legalization, As a result, the government has been taking action to delist cannabis plants from the list of prohibited narcotics since 2018, when a regulation allowed the cultivation of hemp for industrial and non-commercial purposes, such as household cooking and research and development. The next significant step came in February 2019, when the Narcotics Act (No. 7) was amended, legalizing medical marijuana within certain limitations. In national elections the following month, the Bhumjaithai political party, whose election campaign included a pledge to decriminalize and legalize cannabis plants, won substantial support in parts of the country and chose to join the coalition government, with the Bhumjaithai party
Read More
February 23, 2021
As many are already aware, following the change of government in Myanmar on February 1, 2021, a draft Cyber Security Law was proposed which attracted widespread criticism. However, less attention has been paid to significant amendments to two existing laws, some of which have a similar effect to parts of the draft Cyber Security Law. In other words, while the draft Cyber Security Law has not progressed further and is under public scrutiny, significant elements of it have found their way into law in Myanmar by other routes. Because these amendments are already law, it is very important that individuals and businesses in Myanmar understand their implications. Amendments to the Law Protecting the Privacy and Security of Citizens The Law Protecting the Privacy and Security of Citizens (2017), or the “Privacy Law,” was amended on February 13, 2021, less than two weeks after the military government came into power. These amendments chiefly address the power of the government to conduct searches, seizures, and arrests; to extend detention without judicial oversight; and to carry out broad surveillance and investigation activities that could intrude on individual privacy. The amendments accomplish this by suspending various sections of the Privacy Law for as long as the State Administration Council (the military body now governing Myanmar) is in power. The suspended sections include the following: Section 5: Search, seizure, and arrest without civilian observation The relevant part of Section 5 of the Privacy Law states, “The responsible authorities shall … when acting in accordance with existing law, not enter into a person’s residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest, unless accompanied by minimum of two witnesses who should comprise Ward or Village Tract Administrators…”. The suspension
Read More
February 22, 2021
Following the recent imposition of sanctions on Myanmar individuals and companies by the US, the UK and Canada have now imposed new sanctions. As with the US sanctions, these new measures impact UK and Canadian citizens and companies, and non-UK and non-Canadian companies and citizens with interests in those jurisdictions. The EU has indicated that it is planning to issue similar sanctions in the near future. New UK Sanctions In addition to the 16 individuals already sanctioned by the UK government, on February 18, 2021, the UK government announced that three individuals have been sanctioned for serious human rights violations and are now subject to asset freezes and travel bans. The full list of Myanmar individuals and companies sanctioned by the UK is available on the website of the Office of Financial Sanctions Implementation. Breaches of UK financial sanctions are criminal offences punishable in the UK by up to 7 years imprisonment and heavy fines. New Canadian Sanctions Also on February 18, timed to coincide with the UK sanctions, new Canadian sanctions were imposed on nine individuals. As with the UK, Canada already had a number of individuals in the Myanmar military on its sanctions list, and the new additions bring the total number of individuals sanctioned by Canada to 54. All assets of these individuals in Canada are now frozen, and they are banned from travelling to Canada. Canadian businesses or entities may not do business with any of the 54 individuals. Full details of the impact of the sanctions are available on the Government of Canada’s website, as is a database of the Myanmar individuals and companies subject to them. Breach of Canadian sanctions carries with it up to 5 years’ imprisonment in Canada and/or a large fine. Other Countries The EU is reportedly drawing up sanctions
Read More