1. Concept of animal feed and scope of application

According to Clause 25, Article 2 of the Law on Animal Husbandry 2018, animal feed is defined as "products that animals eat and drink in fresh, raw or processed form, including complete mixed feed, concentrated feed, supplementary feed and traditional feed".

Clause 5, Article 2 of the Law on Animal Husbandry 2018 stipulates that "Livestock includes livestock, poultry and other animals in animal husbandry". Meanwhile, Clause 2, Article 2 of this Law expands the scope of animal husbandry not only limited to the purpose of food but also includes the purpose of decoration.

Thus, from a legal perspective, animal feed can be understood to include pet food, although legal documents do not have a separate definition of "pet food".

2. Quality control and inspection when importing pet food

2.1. Distinguishing between quality control and inspection

One of the important issues when importing pet food is the difference between quality control and inspection:

Quality control: According to Clause 15, Article 3 of the Law on Product and Goods Quality 2007, this is the process by which state agencies review and evaluate the quality of products and goods based on published standards and technical regulations.

Inspection: According to Clause 13, Article 3 of this Law, inspection is a technical activity to confirm the conformity of products and goods with the requirements in technical regulations.

Currently, according to the provisions of Article 18 of Decree 13/2020/ND-CP and Article 16 of Decree 39/2017/ND-CP, imported animal feed only needs to be checked for quality, not required for inspection. This is a point to note to avoid confusion during the import procedure.

2.2. Process of checking the quality of imported pet food

Enterprises importing pet food must perform the following steps:

1. Register for quality inspection:

Enterprises submit a registration application for quality inspection to the competent authority (Ministry of Agriculture and Rural Development or its affiliated unit).

The dossier includes a certificate of origin, a certificate of nutritional analysis, and a product label.

2. Conduct inspection at the border gate:

After the goods arrive in Vietnam, the competent authority will take samples for quality inspection.

If the requirements are met, the enterprise is allowed to clear customs and bring the product to the market.

3. Declaration of conformity of pet food

3.1. Obligation to declare conformity

According to Circular 04/2020/TT-BNNPTNT, all imported animal feed must be declared conformant before being circulated. The declaration of conformity process includes:

1. Determining applicable technical regulations: Enterprises must compare the product with relevant national technical regulations.

2. Testing and assessing conformity: Conducted at certification organizations designated by the Ministry of Agriculture and Rural Development.

3. Submitting a declaration of conformity dossier: After having the results of the conformity assessment, the enterprise submits the dossier to the specialized management agency to be granted a circulation license.

3.2. Responsibilities of enterprises

Enterprises importing and trading pet food are responsible for:

• Ensuring that the product meets technical regulations.

• Declare conformity and be legally responsible for product quality.

• Comply with regulations on labeling, storage and distribution of products.

4. Regulations on product labeling and animal quarantine

4.1. Imported pet food product labels

According to Decree 43/2017/ND-CP, imported products must have product labels with full information such as:

• Product name, nutritional ingredients, main quality indicators.

• Instructions for use, suitable pets.

• Name and address of manufacturer, importer, origin of goods.

• Code, barcode, applicable quality standards.

4.2. Animal quarantine (if any)

Some types of pet food containing animal ingredients may be subject to quarantine before import. Enterprises need to refer to the list of products subject to quarantine to comply with regulations.

5. Conclusion

Importing and trading pet food in Vietnam requires compliance with many legal regulations, from quality control, conformity declaration to labeling and animal quarantine (if any). However, pet food is not subject to inspection or animal feed certification. Therefore, businesses need to understand the legal requirements to avoid violations and ensure legal business operations.

The article is for reference only, the article is not intended to be a consultation. If you need advice, please contact us via email: info@barrso.com.