Circular No. 04/2024/TT-BNNPTNT Amending and supplementing certain provisions of Circulars on animal quarantine and terrestrial animal products

CIRCULAR

Amending and supplementing certain articles of Circulars

stipulating animal quarantine and terrestrial animal products

__________________________________

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Animal Health Law dated June 19, 2015;

1. The List of veterinary drugs permitted for circulation in Vietnam (Annex I).

The Minister of Agriculture and Rural Development promulgates this Circular amending and supplementing certain provisions of Circulars stipulating animal quarantine and terrestrial animal products.

Article 1. Amending and supplementing certain provisions of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development stipulating animal quarantine and terrestrial animal products (amended and supplemented by Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, and Circular No. 09/2022/TT-BNNPTNT dated August 19, 2022 of the Minister of Agriculture and Rural Development).

1. Amend and supplement Clause 1 of Article 9 as follows:

"1. Prior to importing terrestrial animal products, the consignor shall submit one set of registration dossier for quarantine in accordance with Clause 1, Article 8 of this Circular to the Department of Animal Health (for the registration dossier for imported bone meal, the request form according to Model 20 of Appendix V attached hereto)."

2. Amending and supplementing Point b Clause 5 Article 19 as follows:

"b) The validity period of the Certificate of Quarantine for imported terrestrial animals and animal products is 60 days; the validity period of the Certificate of Quarantine for exported terrestrial animals and animal products is 180 days;"

3. Amending and supplementing Clause 1 of Article 20 as follows:

"1. Types of animals that must be marked and assigned identification numbers:

a) Breeding animals (buffalo, cattle, goat, sheep, deer, elk, horse, donkey, mule, and pig) when transported out of provincial administrative boundaries;

b) Animals (buffalo, cattle, goat, sheep, deer, elk, horse, donkey, mule, and pig) when exported or imported."

4. Supplementing Clause 7 after Clause 6 of Article 22 as follows:

"7. In cases where imported livestock has already been marked or has ear tags, they are not required to comply with the provisions of Clauses 1, 2, 3, 4, and Clause 5 of this Article. The animal quarantine agency at the border gate shall prepare a list of identification numbers and serial numbers of imported livestock in accordance with Clause 6 of this Article (except in cases where a list of identification numbers and serial numbers of livestock is attached to the export country's quarantine certificate)."

5. Supplementing Points c and d after Point b of Clause 4 of Article 23 as follows:

"c) For paper-based file submissions, copies of documents requested in the application only need to be signed and stamped by the consignor;

d) Fully responsible under the law for the legality and accuracy of the quarantine registration and declaration forms."

Article 2. Amending, supplementing, replacing, and abolishing certain phrases, appendices, and forms of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development stipulating animal quarantine and terrestrial animal products (amended and supplemented by Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, and Circular No. 09/2022/TT-BNNPTNT dated August 19, 2022 of the Minister of Agriculture and Rural Development)

1. Abolishing Clause 1a Article 1, Clause 2a Article 1, Article 9a.

2. Replacing the phrase "Buffalo, cattle, goat, sheep, deer, elk, horse, donkey, mule when transported out of provincial administrative boundaries must be marked by inserting ear tags made of rubber. The ear tag must be inserted on the inner side of the right ear of the livestock. The ear tag is specified as follows:" with the phrase "Breeding animals (buffalo, cattle, goat, sheep, deer, elk, horse, donkey, mule) when transported out of provincial administrative boundaries must be marked by inserting ear tags. The ear tag is specified as follows:" in Clause 1 Article 21.

3. Replacing the phrase "Pigs transported for breeding or commercial purposes shall be carried out in accordance with one of the following methods:" with the phrase "Breeding pigs when transported shall be carried out in accordance with one of the following methods:" in Clause 2 Article 21.

4. Replacing the phrase "ID card number/Passport number/Personal identification number" with the phrase "Passport number/Personal identification number" in Models 1, 2, 3, 8, 9, 14a, 14b, 15a of Appendix V.

5. Amending and supplementing Model 2 of Appendix V as follows:

a) Adding a column "HS Code (the current HS code is 8 digits)" between the columns "Type of animal" and "Breed" in Section I;

b) Adding a column "HS Code (the current HS code is 8 digits)" between the columns "Product name" and "Packaging specifications" in Section II;

c) Abolishing the phrase "The application form is made in two copies: one copy retained by the animal quarantine agency, one copy retained by the consignor or their representative" in Model 2 of Appendix V.

6. Amending and supplementing Model 3 of Appendix V as follows:

a) Adding Item "1a. HS Code (the current HS code is 8 digits)" after Item 1 of Model 3 of Appendix V;

b) Adding Item 22 after Item 21 of Model 3 as follows:

"22. Transport document number/transport contract number (if applicable):".

7. Abolishing the following phrase in Model 3 of Appendix V:

"CONFIRMATION BY CUSTOMS AUTHORITY:

(In case the goods are not allowed to be imported)

The goods are not allowed to be imported into Vietnam due to the reason

…., day… month… year….

CUSTOMS BRANCH AT THE BORDER GATE

 ………………………

(Signature, stamp, full name)

The declaration form is made in three copies;"

8. Replacing the phrase "DEPARTMENT OF ANIMAL HEALTH DEPARTMENT OF ANIMAL HEALTH NAME OF ANIMAL HEALTH ORGANIZATION NAME OF ANIMAL HEALTH ORGANIZATION" with the phrase "NAME OF ANIMAL HEALTH ORGANIZATION NAME OF ANIMAL HEALTH ORGANIZATION" in Models 13a, 13b, 16a, 16b of Appendix V, and Model 13a of Appendix VI.

9. Abolishing the phrase "DEPARTMENT OF ANIMAL HEALTH" in Models 14a, 14b, 15a of Appendix V.

10. Amending and supplementing Models 15a and 15b of Appendix V as follows:

a) Adding Item 5 after Item 4 of Model 15a as follows:

"5. Animals have been tested and given negative results for diseases... at... test result number... /...... date... /... /... of... (if applicable)"

b) Adding Item 6 after Item 5 of Model 15b as follows:

"6. Animal products have been tested and given negative results for diseases... at test result number... /...... date...... /... /... of... (if applicable)"

c) Adding the phrase "Transport document number/transport contract number (if applicable):" between the phrases "Related documents:" and "Means of transport:" in Model 15a and Model 15b of Appendix V.

11. Adding a column "HS Code (the current HS code is 8 digits)" between the columns "Product name" and "Quantity" in Models 17 and 18 of Appendix V.

12. Amending and supplementing Model 19 of Appendix V as follows:

a) Add the column "HS Code (the current regulation's HS code is 8-digit HS code)" between the columns "Animal Type" and "Quantity" in Section I;

b) Add the column "HS Code (the current regulation's HS code is 8-digit HS code)" between the columns "Product Name" and "Quantity" in Section II;

c) Add the phrase "Farm name... Address..." after the phrase "From Company... address..." in Section I;

d) Replace the phrase "From Production and Processing Plant (for animal products for food)" with the phrase "From Production and Processing Plant" in Section II.

13. Amend and supplement Model 20 in Appendix V as follows:

a) Add the column "HS Code (the current regulation's HS code is 8-digit HS code)" between the columns "Product Name" and "Quantity" in Model 20 of Appendix V;

b) Repeal the phrase "Location of feed production plant of the company:";

c) Replace the phrase "We commit to only use imported meat and bone meal from the company to produce feed for the aforementioned animals at our company's factory and not to use meat and bone meal to produce feed for ruminants and commit to strictly comply with Veterinary Law." with the phrase "We commit not to use meat and bone meal from ruminants to produce feed for ruminants and commit to strictly comply with Veterinary Law.";

14. Repeal item number 20a and Model 20a in Appendix V.

15. Add Clause 3 following Clause 2, Section I, Appendix XI as follows:

"3. Sample collection for disease testing.

a) For animals transported out of the province as specified in Section I of Appendix XI issued together with this Circular: The test sample is a pooled sample made from five individual samples combined into one sample for testing disease agents;

b) Principle of pooled sample testing: Only combine individual samples from the same species of animals, the same batch, from the same farm or collection point, or trading place;

c) In cases where it is not possible to test using pooled samples, test the disease agents using individual samples."

16. Replace the phrase "Breeding" with the phrase "Breeding or Slaughter" in item number 20 of Table 1, Section I, Appendix XII.

17. Amend and supplement Point c, Clause 1, Section II, Appendix XII as follows:

"c) Disease-causing agents:

In addition to the diseases mentioned above, based on the epidemic situation, the Department of Animal Health decides the disease inspection criteria for testing according to the World Organization for Animal Health (OIE/WOAH) recommendations and guidelines.

Sampling frequency is applied to the total number of imported batches from January 1 to December 31 of the same year; disease agent testing is conducted according to Vietnamese regulations, standards, technical specifications, and international regulations."

18. Replace the phrase "DNA testing of ruminant raw materials for feed, aquatic feed, or finished feed containing animal products from countries at risk of BSE or when required for identification;" in Point c, Clause 2, Section II, Appendix XII with the phrase "Based on the BSE situation in the exporting country, according to the resolutions of the World Organization for Animal Health (OIE/WOAH) regarding the recognition of disease status in the exporting country, the Department of Animal Health guides the testing and examination of ruminant DNA indicators for raw material powder derived from animals used to produce animal feed;"

19. Add "Appendix XIV PROCEDURE FOR INSPECTION AND SAMPLING OF IMPORTED ANIMAL PRODUCTS ON SHORE" after Appendix XIII issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from May 16, 2024.

2. For registration and declaration forms for quarantine, quality confirmation applications for imported animal-based feed and aquatic feed, and applications for exemption or reduction of state inspections for imported animal-based feed and aquatic feed submitted before the effective date of this Circular, they shall be implemented according to the laws in force at the time of submission of the application.

3. Certificates confirming exemption or reduction of state inspections for imported animal-based feed and aquatic feed issued by the Department of Animal Health before the effective date of this Circular shall remain valid until the expiration date stated in the certificate. 

During implementation, if there are difficulties or obstacles, please report to the Ministry of Agriculture and Rural Development (through the Department of Animal Health) for consideration and decision./.