G/SPS/GEN/1788/Rev.1  
 
14 July 2020 
(20-4793) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
CIRCULAR NO. 04/2020 /TT-BNNPTNT "NATIONA L TECHNICAL REGULATI ON, 
ANIMAL  FEEDS - MAXIMUM ALLO WABLE LIMITS OF SAFE TY INDICATORS IN ANI MAL 
FEEDS AND INGREDIENT S FOR PRODUCTION OF AQUATIC FEEDS "; DECREE 13/2020 
"DETAILING THE LAW O N ANIMAL HUSBANDRY"  
SUBMISSION FROM  THE UNITED STATES  OF AMERICA  
Revision  
The following document , received on 10 July  2020, is being circulated at the request of the delegation 
of the United States . 
 
_______________  
 
 
1.1.  At the outset, we thank Viet  Nam for our bilateral engagement to date on its new testing and 
certification requirements on imported  feed and feed ingredients for livestock and aquatic animals .  
1.2.  However, t he United States  remains concerned 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.  
1.3.  Viet Nam issued NTR 190:2020 in March 2020 but only notified it as G/SPS/N/VNM/113  to 
WTO Members on 23 June 2020, with a 39 -day public comment period ending on 31 July 2020, after 
multiple requests from the United States to do so.  
1.4.  The United States understands that this NTR Circular will require examinations of imported 
animal feed and fe ed ingredients for compliance with MLs for several microorganisms, heavy metals, 
and mycotoxins. Imports subject to testing would include products intended for animal or 
aquaculture feed, such as cereal grains, rice, wheat, corn, oilseeds, cotton seeds, an d additional 
agricultural products.  
1.5.  The United States notes that the NTR Circular sets a zero -tolerance policy for Salmonella, with 
no distinction for serotype, as well as for Escherichia coli, and renews MLs for heavy metals and 
mycotoxins in feed ingred ients.  
1.6.  We anticipate that the NTR Circular, if implemented, would create significant trade disruptions 
for Members that export feed and feed ingredients to Viet  Nam. 
1.7.  We appreciate that Viet  Nam delayed implementation of the NTR Circular until 2021. 
We request that Viet  Nam engage in technical discussions with interested Members regarding 
sampling, testing, procedures for registration of foreign laboratories, and corrective procedures, as 
well as allow time to discuss an assessment of risk and health concern  for each ML.  
1.8.  We also request that Viet  Nam take into consideration comments received during the open 
consultation period prior to proceeding with implementation of the NTR. Moreover, we request that 
Viet Nam clarify if they will consider all comments to this regulation before finalizing it.  G/SPS/GEN/1788/Rev.1  
 
- 2 - 
 
  1.9.  We are also concerned about Viet  Nam's Decree 13/2020, issued in January 2020, detailing 
the Animal Husbandry Law and Certificate of Free Sale (CFS) requirement for feed and feed 
ingredients.  
1.10.  Decree 13/2020 requires that imported animal feeds  and feed ingredients , including corn, 
rice, wheat, soybeans, and additional agricultural products, be accompanied by a CFS for registration 
of quality examination prior to arrival of shipments.  The United States apprecia tes that Viet  Nam 
has suspended Decree 13/2020 until further notice.  
1.11.  We anticipate that Decree 13/2020 would create significant trade disruptions for Members 
that export feed and feed ingredients to Viet  Nam. However, Viet  Nam has not yet notified this 
measure to the WTO.  
1.12.  We request that Viet  Nam notify this measure  to the WTO TBT Committee and  allow for 
comments and consultations from Viet  Nam's trading partners and take such comments into account 
in finalizing the Decree.  
__________