Chương IV Luật Chăn nuôi 2018: Điều kiện cơ sở chăn nuôi, xử lý chất thải chăn nuôi

Chapter IV

CONDITIONS APLIED FOR LIVESTOCK BREEDING FACILITIES AND TREATMENT OF LIVESTOCK WASTE

Section 1. CONDITIONS APPLIED FOR LIVESTOCK BREEDING FACILITIES

Article 52. Livestock production scale

1. Livestock production scale includes the following:

a) Livestock farm including large, medium and small scale livestock farms;

b) Family farm

2. The Government shall elaborate this Article.

Article 53. Livestock units and breeding density

1. Livestock unit is the unit used for calculation of weight of live cattle and poultry not based upon their breed, age or gender. Each livestock unit refers to 500 kg of weight of live livestock.

2. Breeding density refers to total livestock unit per 1 hectare of agricultural land.

3. The livestock production scale shall be determined based upon breeding density.

4. The Government shall specify the regional breeding density according to livestock breeding development strategies, breeding technology and ecological environment.

5. Provincial People’s Committees shall specify the breeding density in provinces and centrally-affiliated cities upon consideration of regional breeding density.

Article 54. Declaration of livestock breeding

1. Every organization and individual breeding livestock must make declaration of such breeding with commune-level People's Committees.

2. The Minister of Agriculture and Rural Development shall stipulate species and number of livestock required to be declared, declaration date and form of livestock breeding declaration.

Article 55. Livestock farms

1. Every livestock farm must:

a) be located in the area conformable to the local and regional socio-economic development strategy and breeding development strategy, and meet breeding density requirements specified in Clause 4 and 5 Article 53 hereof;

b) be supplied with adequate water to ensure quality of breeding activities and livestock waste treatment;

c) take measures to protect environment under law provisions on environmental protection;

d) have breeding housing and breeding equipment suitable for each kind of livestock;

dd) have its breeding process, use of animal feeds, veterinary medicines and vaccines and other information recorded for the purpose of tracing origin of domesticated animals and retain such record for at least 1 years from the end of breeding period;

e) sets up a safe distance from the farm to objects affected by breeding activities and from the contamination source to the breeding farm.

2. Any organization or individual running large-scale livestock farms must be granted a certificate of eligibility for animal husbandry.

3. The Minister of Agriculture and Rural Development shall stipulate the safe distance in livestock farms to ensure biosecurity, resistance to diseases and environment protection.

Article 56. Family farms

Every family farm must:

1. have breeding housing separated from human residences;

2. have its breeding housing and breeding instruments cleaned and disinfected;

3. be subject to appropriate methods for cleaning to prevent animal epidemic and have its livestock waste, wastewater, dead livestock and other livestock waste handled under law provisions on veterinary and environmental protection.

Article 57. Rights and obligations of breeding organizations and individuals

1. Every organization or individual running livestock farming is entitled to:

a) receive assistance in case of losses or assistance in production restoration after natural disasters or epidemics as per law provisions if such entity already declares his/her breeding activities as prescribed in Article 54 hereof;

b) State policies related to animal husbandry;

c) be trained in animal breeding;

d) advertise livestock products as per law provisions;

dd) make complaints or denunciations or file a lawsuit regarding livestock breeding as per law provisions;

2. Every organization or individual running livestock farming is obliged to:

a) declare livestock breeding as prescribed in Article 54 hereof;

b) take biosecurity measures and environmental cleaning measures in livestock breeding;

c) treat livestock waste under law provisions on environmental protection;

d) treat domesticated animal humanely as per law provisions.

Article 58. Issuance, re-issuance and revocation of certificates of eligibility for livestock breeding of large-scale livestock farms

1. Provincial People's Committees may have the authority to issue, re-issue and revoke certificates of eligibility for livestock breeding.

2. Any certificate of eligibility for livestock breeding will be re-issued if:

a) it is lost or damaged;

b) information about the organization or individual mentioned in such certificate is changed;

3. Any certificate of eligibility for livestock breeding will be revoked if:

a) the information specified in such certificate is erased or adjusted;

b) the livestock farm no longer satisfies conditions specified in Article 55 hereof;

c) the livestock farm commits other violations for which the penalty is revocation of certificate of eligibility for livestock breeding as per law provisions.

4. The Government shall specify the application and procedure for issuance, re-issuance and revocation of certificates of eligibility for livestock breeding.

Section 2. LIVESTOCK WASTE TREATMENT

Article 59. Treatment of waste from livestock farms

1. Livestock waste includes organically-originated solid waste, wastewater, exhaust gases and other waste.

2. Organically-originated solid waste shall be treated as follows:

a) Owners of livestock farms shall take responsibility to treat organically-originated solid waste meeting national technical regulations before use of such waste as fertilizers for plants or aqua feeds;

b) Organically-originated solid waste not undergoing treatment must be moved out the livestock farm to treatment places by dedicated equipment and vehicles;

c) Livestock died from epidemics and other hazardous waste must be handled under law provisions on animal health and environmental protection.

3. Livestock wastewater shall be treated as follows:

a) Owners of livestock farms shall take responsibility to collect and treat livestock wastewater meeting national technical regulations on livestock wastewater before discharging such wastewater into the waste receiving place under law provisions on environmental protection;

b) Livestock wastewater undergoing treatment meeting national technical regulations on livestock waste may be used for plants;

c) Livestock wastewater not undergoing treatment must be moved out the livestock farm to the waste treatment facility by dedicated equipment and vehicles.

4. a) Owners of livestock farms shall treat exhaust gases from animal breeding meeting national technical regulations on livestock exhaust gases.

5. Treatment of other waste must comply with law provisions on veterinary and environmental protection.

Article 60. Treatment of waste from family farms

Every owner of family farm must:

1. take measures to treat livestock excrement, wastewater and exhaust gases for the purpose of protecting environmental hygiene and not affecting surrounding people;

2. handle domesticated animals died from epidemics and other hazardous waste under law provisions on animal health and environmental protection.

Article 61. Treatment of noise from animal farming

1. Noise from animal farming includes noise from domesticated animals and devices used for breeding.

2. Owners of family farms shall handle noise from livestock production meeting national technical regulations on noise from animal farming.

Article 62. Management of products of livestock waste treatment

1. Products of livestock waste treatment must satisfy the following requirements before being put on circulation:

a) Declaration of quality standards applied to such products and conformity must be made as per law provisions;

b) Products’ quality must be conformable to the one specified in applied standard declared;

c) Information about such products must be posted on the portal of the Ministry of Agriculture and Rural Development;

d) Products of livestock waste treatment that are firstly produced or imported into Vietnam containing new substances not tested in Vietnam must undergo testing before product declaration.

2. The Government shall elaborate this Article.

Article 63. Management of facilities manufacturing livestock waste treatment products

1. Scope of management of facilities manufacturing livestock waste treatment products includes:

a) Production place located in the area not contaminated by hazardous waste;

b) Reports on assessment of environmental influences or environmental protection plans as per law provisions on environmental protection;

c) Lines and equipments suitable for production;

d) Measurement devices and instruments used for quality supervision and accuracy assurance as per law provisions on measurement;

dd) Warehouses for waste treatment products and livestock products requiring separate maintenance mechanism;

e) Technicians who obtain a university degree or higher in animal husbandry, veterinary medicine, chemistry, biological technology or environmental technology.

2. The Government shall elaborate this Article.