Regional livestock density in Vietnam under Decree 13/2020/ND-CP

Regional livestock density in Vietnam under Decree 13/2020/ND-CP (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. Regional livestock density in Vietnam under Decree 13/2020/ND-CP

Regional livestock density in Vietnam according to Article 22 of Decree 13/2020/ND-CP is as follows:

- The agricultural land area as the basis for determining livestock density is the total area of types of agricultural land in accordance with regulations of the Land Law.

- Provinces and central-affiliated cities are classified into the following regions to serve the determination of livestock density:

+ Red River Delta region, including the following provinces and cities: Hanoi, Vinh Phuc, Bac Ninh, Quang Ninh, Hai Duong, Hai Phong, Hung Yen, Thai Binh, Ha Nam, Nam Dinh and Ninh Binh;

+ The Northern Midland and Mountainous region, including the following provinces: Ha Giang, Cao Bang, Bac Kan, Tuyen Quang, Lao Cai, Yen Bai, Thai Nguyen, Lang Son, Bac Giang, Phu Tho, Dien Bien, Lai Chau, Son La and Hoa Binh;

+ The North and Central Coast regions, including the following provinces and cities: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Phu Yen, Khanh Hoa, Ninh Thuan and Binh Thuan;

+ The Central Highlands region, including the following provinces: Kon Tum, Gia Lai, Dak Lak, Dak Nong and Lam Dong;

+ The Southeast region, including the following provinces and provinces: Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria - Vung Tau and Ho Chi Minh City;

+ The Mekong River Delta region, including the following provinces and cities: Long An, Tien Giang, Ben Tre, Tra Vinh, Vinh Long, Dong Thap, An Giang, Kien Giang, Can Tho, Hau Giang, Soc Trang, Bac Lieu and Ca Mau.

- The regional livestock density is provided in the Appendix IV hereof.

- According to the livestock development strategy, livestock technologies and ecological environment, provincial People’s Committees shall decide the livestock density within their province, but not exceeding the regional livestock density specified in Clause 3 of this Article.

- In case the regional livestock density needs revising, the Ministry of Agriculture and Rural Development shall request the Government to consider and decide the revision according to simplified procedures.

2. Regulations on handling of feeds violating regulations on feed quality in Vietnam

Regulations on handling of feeds violating regulations on feed quality in Vietnam according to Article 20 of Decree 13/2020/ND-CP are as follows:

- One or more sanctions below shall be imposed on feeds that violate regulations on feed quality (hereinafter referred to as “violating feeds”):

+ Mandatory re-export: If an entity that has a violating feed is liable for feed re-export, such entity shall follow re-export procedures in accordance with regulations of the law on customs and other relevant regulations of law, and submit the re-export documentation to the authority responsible for state inspection of feed quality (hereinafter referred to as the “inspecting authority”).

+ Mandatory destruction: If an entity that has a violating feed is liable for feed destruction, such entity shall sign a contract with an entity licensed to destroy violating goods. The contract shall clearly specify the destruction method in order for the inspecting authority to carry out the supervision.

+ Mandatory recycling: If an entity that has a violating feed is liable for feed recycling, such entity shall recycle the feed using an appropriate method in accordance with regulations of law, ensuring that the quality of the recycled feed must be conformable with the applied quality standard and respective national technical regulation; notify the inspecting authority of the recycling plan and result for supervision purpose;

+ Mandatory repurposing: If an entity that has a violating feed is liable for feed repurposing, such entity shall repurpose the feed using an appropriate method in accordance with regulations of law; notify the inspecting authority of the repurposing plan and result for supervision purpose;

+ Mandatory correction of information: If an entity that has a violating feed is liable for information correction, such entity shall specify the corrected information about the product in the label or enclosed documents before its its circulation on the market or use.

- Supervision of violating feed destruction shall be carried out as follows:

+ Every provincial Department of Agriculture and Rural Development shall supervise the violating feed destruction within its province, make a supervision record as prescribed in Point b of this Clause within its power and carry out supervision as requested by the inspecting authority affiliated to the Ministry of Agriculture and Rural Development;

+ A supervision record shall contain the following information: legal bases and reasons for destruction; date and place of destruction; participants; names, types, origin, number and status of feeds; destruction methods and other necessary information.

The supervision record shall be certified by representatives of parties involved in the supervision and entities whose feeds are destroyed.

- If an entity that has violating feeds is subject to the sanctions specified in Clause 1 of Article 20 of Decree 13/2020/ND-CP, such entity shall incur all relevant costs.

- If the feed owner fails to be identified, the provincial People's Committee shall handle the violating feeds and cover the costs incurred.

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