STC Number - 478

Viet Nam's National Technical Regulation on Animal Feeds - Maximum Allowable Limits of Safety Indicators in Animal Feeds and Ingredients for Production of Aquatic Feeds (Circular No. 04/2020/TT-BNNPTNT) and Decree 13/2020 Detailing the Law on Animal Husbandry

Maintained by: Viet Nam
Raised by: Argentina; United States of America
Supported by: Brazil
First date raised: June 2020 G/SPS/R/99 paras. 3.105-3.110
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: G/SPS/GEN/1788/Rev.1 G/SPS/N/VNM/106 G/SPS/N/VNM/113
Products covered:
Primary subject keyword: Food safety
Keywords: International Standards / Harmonization; Transparency; Food safety; Animal feed; Salmonella; Human health; Animal health; Technical Barriers to Trade (TBT)
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In June 2020, the United States submitted document G/SPS/GEN/1788/Rev.1 and requested that Viet Nam delay implementation of the NTR Circular until 2021, to allow sufficient time for an exchange of technical information regarding sampling, testing, and corrective procedures, as well as time to discuss an assessment of risk and health concern for each Maximum Allowable Limit (ML).

Argentina provided the following statement: Argentina would like to express its concern regarding Viet Nam's Circular No. 04/2020/TT BNNPTNT "National Technical Regulation on Animal Feeds and Ingredients for production of Aquatic Feeds". The implementation of this circular could have a negative impact for our country on exports of grains (maize, wheat and soya beans) and by products (soya flour). The main concern relates to provisions on salmonella, both the technical justification for the requirement and the specific implementation of such a control. Although we have embarked on bilateral efforts that have been constructive so far, Argentina wishes to request Viet Nam to: postpone the entry into force of the standard, scheduled for 1 July 2020, for a period of at least four months; notify the draft standard to the WTO, in line with transparency commitments under the SPS Agreement, giving Members an opportunity to submit comments where necessary.

Brazil supported this concern.

Viet Nam provided the following response: At the outset Viet Nam would like to thank the United States and Argentina for the interest in document G/SPS/GEN/1788 of 12 June 2020 regarding the requirements contained in Viet Nam's Circular 4/2020 promulgating National Technical Regulation (NTR) 190:2020 – Maximum Allowable Levels (MLs) of Safety Indicators in Animal Feed and Feed Ingredients and Viet Nam's Decree 13/2020, detailing the Animal Husbandry Law and Certificate of Free Sale (CFS) requirement for feed and feed ingredients. We would like also to thank the United States for the bilateral engagement to date on the issue. We agree with the first sentence of point 1.4 of the document G/SPS/GEN/1788 that Viet Nam issued these measures in January and March 2020, respectively. However, we would like to confirm that Viet Nam has notified these measures to the WTO. More specifically, regarding Decree 13/2020, Viet Nam's notification is contained in document G/SPS/N/VNM/106 of 15 May 2019 with the following links: http://www.spsvietnam.gov.vn/en/gspsnvnm106; http://www.spsvietnam.gov.vn/en/gspsnvnm106.add1. At present, Decree 13/2020 has been under review for further consideration of revisions (if required). Until the new revised Decree comes into effect, provisions in point c), item 3, Article 18 and item 2, Article 29 of Decree 13/2020 are temporarily put on hold. Regarding Circular 4/2020, our Notification is contained in document G/SPS/N/VNM/113 of 23 June 2020 with the following link: http://www.spsvietnam.gov.vn/en/gspsnvnm113 1. Viet Nam has decided to delay the implementation of some indicators on salmonella and heavy metals in plant origin feed stipulated in Item III, Annex I of the Circular for one year starting 1 July 2020 for further review and impact assessment (please refer the Circular 08/2020/TT-BNNPTNT of 30 June 2020 for information, which was also notified to WTO with the following link: http://sps.mard.gov.vn/en/gspsnvnm113.add1.