Advanced Search

The Decree 66/2016/nd-Cp: Regulation Of Business Investment Conditions On Protection And Quarantine; Plant Breeding; Common Forest Animals; Animal Husbandry; Fisheries; Food

Original Language Title: Nghị định 66/2016/NĐ-CP: Quy định điều kiện đầu tư kinh doanh về bảo vệ và kiểm dịch thực vật; giống cây trồng; nuôi động vật rừng thông thường; chăn nuôi; thủy sản; thực phẩm

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The DECREE STIPULATES CONDITIONS For BUSINESS INVESTMENT On PLANT QUARANTINE And PROTECTION; PLANT BREEDING; COMMON FOREST ANIMALS; ANIMAL HUSBANDRY; FISHERIES; FOOD _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on investment on November 26, 2014;
Pursuant to the law of business on November 26, 2014;
Pursuant to the law of fisheries on November 26, 2003;
Pursuant to the law to protect and develop forests on December 3, 2004;
Pursuant to the law on food safety, June 17, 2010;
Pursuant to the law to protect and quarantine on May 25, 2013;
The base breeding Ordinance on March 24, 2004;
The French seed command base on March 24, 2004;
According to the recommendation of the Minister of agriculture and rural development;
The Government issued the decree regulating the conditions of business investment on plant quarantine and protection; plant breeding; common forest animals; animal husbandry; fisheries; food.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree stipulates conditions for business investment, including: 1. The condition of production plant protection drugs, except for biological plant protection drugs containing the active ingredient is helpful microorganisms; plant protection drugs trafficking; practice organizations handle the objects in quarantine; organizations make the drug plant protection assay is to subscribe to the list of allowed plant protection drugs use in Vietnam;
2. Business conditions seed assay services;
3. conditions of breeding common forest animals;
4. Business conditions hatchling pets, essential, embryos, eggs, seed, animal feed concentrate for cattle, goats, sheep, horses, rabbits, pigs, chickens, ducks, geese, quail, ostrich, bird; production, feed processing, feed mill (including probiotics, microorganisms, minerals, chemicals, except the chemical decontamination, detoxification, antiseptic, used in aquaculture); trade in animal feed, feed mill; assay services business feed, feed mill;
5. aquatic seed production conditions (prawn, shrimp, tilapia, Pangasius, clams, Ben Tre), aquaculture (prawn, shrimp, tilapia, Pangasius); assay service businesses like fisheries; exploitation of fisheries;
6. Business conditions of food (food; meat and meat products, seafood and marine products; products; vegetables, fruits and vegetable products, results; eggs and egg products; fresh milk raw materials; honey and honey products; salt; spice tea coffee;;;;;;, pepper; cocoa and other agricultural products) : the basis of food production (cultivation, harvesting, breeding, farming, fishing, mining and aquaculture products); slaughter of cattle and poultry; the basis of preliminary processing, food processing; market of agricultural products; food establishments.
Article 2. The object of this Decree apply apply to enterprise, held a public career, cooperative (hereinafter referred to as the Organization), the household registration personal business; State agencies, organizations, individuals are related to business investment activities specified in article 1 of this Decree.
Chapter II CONDITIONS for BUSINESS INVESTMENT PROTECTION and QUARANTINE article 3. Conditions of the production of medicines and plant protection organization of production plant protection drugs must meet the conditions specified in article 61 of the law on protection and quarantine and the condition of the following details: 1. Of a) Who directly manage, executive producer (the Director or Deputy Director in charge of the production plant or factory production manager) have University degree or above majored in chemistry, plant protection, forestry;
b) direct workers producing plant protection drugs are fostering knowledge about chemical safety or plant protection drugs and certified by the State Management Agency specialized in chemical industry or protect and quarantine.
2. About the factory, warehouses for preservation of plant protection drugs a) workshop, warehouse storage and plant protection in industrial areas to meet the provisions of the industrial zone. Factories, warehouses for preservation of plant protection drugs outside the industry when building is how schools, hospitals, markets a minimum 500 m;
b) to ensure the requirements of the ISO standard 5507:2002 dangerous chemicals-rules of safety in production, sales, use, storage and transport.
3. About the device a) On production equipment-equipment, production lines for active substances, smoking techniques, the production of drug products from smoking drug packaging and technical plant protection;
-Has the device reached the safety requirements as specified in the ISO standard 5507:2002 dangerous chemicals-rules of safety in production, sales, use, storage and transport.
b) On transport and unloading to meet current technical standards for dangerous goods; transport has a map of warning, signaling hazardous.
c) About waste treatment systems-exhaust gas treatment system achieved the national technical regulation QCVN 19:2009/BTNMT of industrial emissions for dust and inorganic substances and national technical regulation QCVN 20:2009/BTNMT of industrial emissions for some organic substances;
-Waste water treatment system gaining national technical regulation QCVN 7:2009/BTNMT of the threshold of hazardous waste and the national technical regulation QCVN 40:2011/BTNMT of the industrial waste water;
-Solid waste processing systems meet the provisions of Decree No. 38/2015/ND-CP on April 24 in 2015 of the Government on the management of waste and scrap materials.
4. quality management system a) drug production plant protection must have a quality management system according to ISO 9001:2008 standard or equivalent;
b) test suite to check product quality according to the ISO 17025:2005 application or equivalent.
Article 4. Conditions for plant protection drugs trafficking organisations, individual plant protection drugs trafficking must meet the conditions specified in article 63 of the law on protection and quarantine and the condition of the following details: 1. On human resources home base to sell drugs, who directly sell plant protection drugs must have intermediate or above on one of the specialized security plant protection, horticulture, chemistry, forestry or certified professional training on plant protection drugs by the State Management Agency specialized in protection and quarantine Department of the Department of agriculture and rural development.
2. About the location of drug dealers store location and plant protection is separate from the food services sector, schools, hospital; When the build is how water source (River, Lake, Canal, water wells) a minimum of 20 m 3. About plant protection drugs Depot a) for warehouse plant protection drugs by retail premises-When built water sources (rivers, lakes, channels, canals, wells) minimum 20 m;
-Warehouse with stand high 10 cm minimum items listed above the floor, making the wall a minimum of 20 cm. b) plant protection drugs Inventory of wholesale establishments to ensure the requirements of the ISO standard 5507:2002 dangerous chemicals-rules of safety in production, sales, use, storage and transport.
Article 5. The conditions for the organisation of practice handling the object in quarantine practice organizations handle objects in the quarantine area must meet the conditions specified in article 37 of the law on protection and quarantine and the condition of the following details: 1. About resources

a) direct People Management, administration of the practice of handling objects in quarantine have professional qualification from the University over provisions in the national technical regulation QCVN 01-19:2010/BNNPTNT on steam sterilization processes or standards of Vietnam, standard base of handle objects in quarantine;
b) Who directly carry handle objects in quarantine practice card by the State Management Agency specialized in protection and quarantine Department in the Ministry of agriculture and rural development.
2. conditions for individual card practice handles the object in quarantine Were trained and tested expertise on handling objects in quarantine under the program by the State Management Agency specialized in protection and quarantine Department in the Ministry of agriculture and rural development regulations.
3. On the basis of a technical material) has a location object, processing factories, warehouses, means of matching the scale, measure and type of processing according to national technical regulation on handling objects in quarantine;
b) Have equipment for each handling measures prescribed in annex I attached to this Decree.
Article 6. Conditions for the implementation of drug assay plant protection organizations make assay plant protection drugs must meet the conditions specified in article 59 of the law on protection and quarantine and the condition of the following details: 1. The Manager, Executive or technical staff have university level on one of the majors of food protection Agriculture, forestry, animal biology, chemistry; certified training plant protection drugs assay due to the specialized agency to protect and quarantine Department in the Ministry of agriculture and rural development.
2. Have at least 5 workers frequently have university qualifications in disciplines prescribed in clause 1 of this article and are training on plant protection drugs assay.
3. On the basis of the material-technical a) have the means, the equipment prescribed in annex II attached to this Decree;
b) assay organization determined the time quarantined plant protection drugs must have the assigned testing rooms analyzed residue with the corresponding test.
Chapter III CONDITIONS for BUSINESS INVESTMENT SEED ASSAY SERVICES article 7. Business conditions seed assay services business organization services the main crop varieties assay due to the Ministry of agriculture and rural development issued meet the following conditions: 1. At least 2 people have a university degree in the specialization of plants plant protection, forestry, b.;
2. Place the required fit assay on growth, development of each species of plant.
Chapter IV CONDITIONS for the INVESTMENT RAISING COMMON FOREST ANIMALS article 8. The condition typically forest animals farming organizations, individuals adopted animals in category jungle animals normally due to the Ministry of agriculture and rural development issued must meet the following conditions: 1. the adopted forest animals originated, from one of the sources: mined from naturally in water; import; buying and selling; the transfer; the donation, from other private organizations; the following processing specimens seized under the provisions of the law;
2. The basis of the common forest animals with animal class number over 20 individuals; the class of reptiles on fifty individuals; Amphibian class on 100 individuals, when construction is how schools, hospitals, minimum 200 m market. Chapter V CONDITIONS of LIVESTOCK BUSINESS INVESTMENT; FEED, FEED MILL Item 1. BUSINESS INVESTMENT CONDITIONS the seed, EGG, EMBRYO, JUST LIKE the PETS article 9. Manufacturing business conditions the same 1. Technical staff have university degrees and over livestock specialist or veterinary medicine manufacturing establishments, business just like the Thoroughbred; the technician level and over livestock specialist or veterinary medicine manufacturing establishments, commercial seed business.
2. Location of production, business when building is the environmental pollution has been the competent State agency announced according to the rule of law; focus area, waste, industry, hospitals, schools, minimum 500 m market. 3. Take measures to handle solid waste, liquid waste sanitation guarantee according to the provisions of the law on the environment; waste water meets national technical regulation QCVN 62-MT: 2016/BTNMT of livestock wastewater.
Article 10. Production, business conditions, embryos, eggs, livestock breeds 1. Have the technician level and over livestock specialist or veterinary medicine. 2. Have the equipment, means of transportation, preservation criteria and the current technical regulation.
Section 2. BUSINESS INVESTMENT CONDITIONS of LIVESTOCK FOCUS article 11. Breeding focus 1. Breeding cattle, the horse focused on birth or adoption on the 100 200 adopted children get the meat; goats, sheep on the 400 or 600 on adoption get the meat; rabbits on the 3,000 or 6,000 on adoption get the meat; pigs on sows reproduction or the 300 on 500 sows and pigs included child rearing meat or on 1,000 adoption get the meat; chicken on the reproductive female is 3,000 or 5,000 adoption get the meat; geese, ducks on female reproductive or 2,500 on 4,000 adopted children get the meat; ostrich on the reproductive female is 100 or 200 adopted on meat; quail on the 10,000 or 20,000 on adoption get the meat satisfy the conditions: a) Has technical staff level and over livestock specialist or veterinary medicine;
b) take measures to handle solid waste, liquid waste sanitation guarantee according to the provisions of the law on the environment; ensure waste water meets national technical regulation QCVN 62-MT: 2016/BTNMT of livestock waste;
c) meet food safety requirements as specified in article 19 of this Decree.
2. for example, the lead cause of breeding bird: sound equipment instructions example make sure not to exceed the 70 title xi ben a. category 3. BUSINESS INVESTMENT CONDITIONS in ANIMAL FEED, FEED MILL article 12. Investment in production conditions, processing animal feed, feed mill 1. Technical staff have university level on one of the majors of livestock, animal health, food technology for animal feed; aquaculture specialist, food technology for the feed mill.
2. Basis of the wall, the barrier that separates with the outside.
3. Area of production equipments according to the rules, separate from raw materials, production, final product.
Article 13. Conditions of trade in animal feed, feed mill 1. Have inventory, equipment and tools for the preservation of product.
2. Where sold animal feed, feed mill to separate plant protection drugs, fertilizers, toxic chemicals; Prevention of harmful animals, insects.
Article 14. Business investment condition assay service feed, feed mill 1. Technical staff have university level on one of the professional livestock breeding, veterinary, biological assay facility for animal feed; aquaculture specialist for the basis of aquatic feed assay.
2. On the basis of technical material a) aquaculture facility to assay feed mill to meet the provisions in clause 1 article 16 of this Decree;
b) basis to feed assay have cages pets, confine animals satisfy the provisions of item 2 article 9 of this Decree.
Chapter VI BUSINESS INVESTMENT CONDITIONS of FISHERY PRODUCTS 1. BUSINESS INVESTMENT CONDITIONS in AQUACULTURE article 15. Investment conditions in the production of aquatic breed

1. Have the technical staff to university level on aquaculture.
2. Have the plumbing system; where waste.
Article 16. Investment conditions in aquaculture 1. Breeding establishments in the pond or hot has the plumbing system; where waste; cage breeding establishments, there are friends gathering tools, waste.
2. Meet food safety requirements as specified in article 19 of this Decree.
Article 17. Investment condition assay service businesses like fisheries 1. Technical staff have university level on aquaculture.
2. Have the plumbing system; where waste.
Section 2. BUSINESS INVESTMENT CONDITIONS of EXPLOITATION of FISHERIES Article 18. The investment conditions of exploitation of fisheries 1. The captain, the captain has a degree or certificate, the captain, the fourth fishing vessel captain for fishing vessel from 400 CV; Fifth for fishing vessel from 90 to 400 CV CV; a small class for fishing vessel from 20 CV to under 90 CV. 2. There are fishing vessel register agencies qualified certified fishing vessel safety techniques for fishing vessel design water line length of 15 m or over not fitted with air or machines for which the total capacity of the main machine from 20 CV.
Chapter VII INVESTMENT CONDITIONS in the FOOD BUSINESS article 19. Conditions of business investment in food production facilities 1. Separate production facilities with the area of environmental pollution has been the competent State agency announced according to the rule of law; the focus areas, waste, industry, hospital.
2. The water used to wash the preliminary processing of products meet the technical regulations at national technical regulation QCVN 2:2009/BYT on the quality of running water.
3. Have the equipment, tools, containers packaging meet national technical regulation QCVN 12-1:2011/BYT hygiene safety for packaging, plastic tools aggregate contact directly with food; National technical regulation QCVN 12-2:2011/BYT on hygiene safety for packaging, rubber tool in direct contact with food; National technical regulation QCVN 12-3:2011/BYT on hygiene safety for packaging, metal tools in direct contact with food.
Article 20. Business investment conditions slaughter of cattle and poultry 1. Of a) home base, the direct slaughtering, processing has the certificate of knowledge of food safety under the Ministry of agriculture and rural development;
b) home base and directly slaughtering, processing must meet health requirements as specified by the Ministry of health.
2. About the location of slaughter a) separate from the area of environmental pollution has been the competent State agency announced according to the rule of law; the focus areas, waste, industry, hospital;
b) to separate the area of captivity cattle, poultry prior to slaughter; the area of slaughter and processing zone after slaughter; toilet, dressing areas for protection;
c) water use for slaughter, meets the technical regulations at national technical regulation QCVN 1:2009-BYT of eating water quality; the water to the toilet, workshop equipment, tool meets the national technical regulation QCVN 2:2009-BYT of water quality;
d) Have waste water drainage systems flowing from areas of high hygiene requirements to require lower hygiene; solid waste collection tools with a lid and store in separate areas.
3. Have the equipment, tools for the slaughter, preparation, containing the response of the national technical regulation QCVN 12-1:2011/BYT hygiene safety for packaging, plastic tools aggregate contact directly with food; National technical regulation QCVN 12-2:2011/BYT on hygiene safety for packaging, rubber tool in direct contact with food; National technical regulation QCVN 12-3:2011/BYT on hygiene safety for packaging, metal tools in direct contact with food.
Article 21. Business investment conditions basis of preliminary processing, food processing 1. Of a) home base, direct food production have certificate of knowledge of food safety under the Ministry of agriculture and rural development;
b) home base and direct people to produce food must meet health requirements as specified by the Ministry of health.
2. preliminary processing facility to separate the area of environmental pollution has been the competent State agency announced according to the provisions of the legislation, the focus areas, waste, industry, hospital.
3. Workshop on the preliminary processing of a) workshop, production line, auxiliary areas are arranged according to the rules one way from raw materials to the final product; Threading for own products, additives, packaging materials, scrap;
b) to separate the area of raw materials, finished products warehouse repository; the area of preliminary processing, processing and packaging of food products; toilet area; the dressing area and ancillary areas;
c) background, ceiling, wall, door made of waterproof material, resistant to corrosive cleansers, sterilization. Doors, Windows, prevent animals, insects, harmful microbes invade;
d) ventilation system ensures clear, blowing from the area have high hygiene requirements to areas with lower hygiene requirements, do not blow from the toilet area to the area of production;
DD) Have the lighting system ensures control of the parameters of quality, food safety according to the technological processes; lighting bulbs in the processing area must be screened by the box, grid ensures debris does not fall into the food;
e) water use for preliminary processing, processing of technical regulations at national technical regulation QCVN 1:2009-BYT of eating water quality; the water to the toilet, workshop equipment, tool meets the national technical regulation QCVN 2:2009-BYT of water quality. Water pipes used to produce steam, refrigeration, fire department, fire layout, to be distinguished by colour and separate water systems used for the production of food;
g) pneumatic devices Are used for the production of food is processed, separating dirt, smell;
h) has a separate toilet with food production areas, toilet door not opening in the manufacturing sector; have the room worker costume changes;
I) Have waste water drainage systems flowing from areas of high hygiene requirements to low hygiene requirements area.
4. On the device, a tool) Have equipment for washing hands, disinfected, boots; hand-washing place has clean water, SOAP, water and antiseptic hand wipes or paper towels, used once or drying;
b) Has the equipment, instruments, processing, food packaging, containers that meet national technical regulation QCVN 12-1:2011/BYT hygiene safety for packaging, plastic tools aggregate contact directly with food; National technical regulation QCVN 12-2:2011/BYT on hygiene safety for packaging, rubber tool in direct contact with food; National technical regulation QCVN 12-3:2011/BYT on hygiene safety for packaging, metal tools in direct contact with food;
c) Have the device preventing the harmful animal and insect infiltration;
d) Have equipment, tools for monitoring, evaluating the quality and safety of products with corresponding technological processes;
DD) solid waste collection tools with a lid and store in separate areas; the tool contains hazardous waste must be the symbol and the indication of colours to distinguish hazardous waste with other waste.
Article 22. Business investment conditions market agricultural products 1. Agricultural product market separate from the area of environmental pollution has been the competent State agency announced according to the rule of law; focus area, waste, industry, hospital.

2. Segment in the market area a) sanitation Area arranged separate preliminary area, sold food;
b) waste water drainage system layout flows from areas of high hygiene requirements to require lower hygiene; solid waste collection tools with a lid and store in separate areas;
c) Have water, and preliminary processing of products meet the technical regulations at national technical regulation QCVN 1:2009-BYT of eating water quality; water to sanitary equipment, instruments, markets and meet national technical regulation QCVN 2:2009-BYT of water quality.
3. Have the equipment, tools, food packaging, containers that meet national technical regulation QCVN 12-1:2011/BYT hygiene safety for packaging, plastic tools aggregate contact directly with food; National technical regulation QCVN 12-2:2011/BYT on hygiene safety for packaging, rubber tool in direct contact with food; National technical regulation QCVN 12-3:2011/BYT on hygiene safety for packaging, metal tools in direct contact with food.
Article 23. Business investment conditions in establishments for food 1. Of a) home base, the food trade have direct confirmation of knowledge of food safety under the Ministry of agriculture and rural development;
b) home base and direct food trade people must meet health requirements as specified by the Ministry of health.
2. Where a trade) to separate the area of environmental pollution has been the competent State agency announced according to the provisions of the legislation, the focus areas, waste, industry, hospital;
b) separate toilet area with preservation area, the area of the food business; the door to the toilet is not opened in the area of food preservation.
3. equipment and instruments a) Have the equipment, tools, transportation, preservation of the product meets the conditions of temperature, humidity according to the manufacturer's instructions;
b) Have the equipment, tools, packaging, containers, sold products to meet national technical regulation QCVN 12-1:2011/BYT hygiene safety for packaging, plastic tools aggregate contact directly with food; National technical regulation QCVN 12-2:2011/BYT on hygiene safety for packaging, rubber tool in direct contact with food; National technical regulation QCVN 12-3:2011/BYT on hygiene safety for packaging, metal tools in direct contact with food;
c) tools for waste, garbage collectors with a lid and store in separate areas.
Chapter VIII IMPLEMENTATION article 24. Effect 1. This Decree takes effect from July 1, 2016.
2. This decree repealed: a) point a, b, d, e clause 1; point b item 2 article 11; paragraph 1, paragraph 2 article 12; Article 13; Article 14; Article 15 of Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries;
b) point h paragraph 10, paragraph 11, paragraph 12, paragraph 13 article 1 of Decree No. 14/2009/ND-CP on December 13, 2009 the Government's amendments and supplements to some articles of Decree No. 59/2005/ND-CP dated April 5, 2005 by the Government on conditions for the production and trading of some fisheries industries;
c) paragraph 1, item 2, clause 4, clause 5 article 6; Article 7; paragraph 3 article 12 of Decree No. 08/2010/ND-CP on 05 February 2010 by the Government on the management of livestock feed.
Article 25. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the central cities in the scope of his duties, function is responsible for the implementation of this Decree.