Decree No. 05/2007/NĐ-CP on Rabies Prevention and Control in Animals

DECREE

On Rabies Prevention and Control in Animals

___________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the proposal of the Director of the Legal Department, the Director of the Plant Protection Department, and the Director of the Livestock Production Department;

Considering the proposal of the Minister of Agriculture and Rural Development.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Decree stipulates on rabies prevention and control in dogs, cats, and other domestic animals prone to contracting rabies (hereinafter referred to collectively as animals).

2. Agencies, organizations, individuals of Vietnam, foreign organizations, and individuals involved in animal husbandry, transportation, trade, processing, export, import, disease prevention, and treatment for animals must comply with the provisions of this Decree and the detailed regulations of Decree No. 33/2005/NĐ-CP dated March 15, 2005, of the Government regarding certain provisions of the Animal Health Ordinance.

In cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions, such provisions shall be applied according to the treaty.

Article 2. Definitions

In this Decree, the following terms are understood as follows:

1. Other domestic animals prone to contracting rabies include buffalo, cattle, horses, pigs, camels, and monkeys.

2. Rabies is an acute infectious disease caused by a virus belonging to the Rhabdoviridae family, affecting many species of animals and humans. Infected animals initially exhibit signs of madness, tearing objects, biting other animals or people, transmitting the disease through scratches, bites; before death, infected animals usually progress to paralysis.

3. An animal suffering from rabies is an animal displaying typical symptoms and lesions of the disease or identified as carrying the pathogen.

4. A suspected rabies-infected animal is an animal that has been bitten, scratched, or licked by an animal confirmed to have rabies.

5. An animal exposed to rabies is an animal that has come into contact with an infected or suspected infected animal.

6. A suspected rabies-exposed animal is a dog or cat that bites or scratches people or other animals without apparent cause.

7. A rabies outbreak site is a location within a village, hamlet, commune, ward, or neighborhood (hereinafter referred to as village) where there are animals suffering from rabies.

8. A rabies-infested area is an area with one or more rabies outbreak sites confirmed by authorized veterinary authorities.

Article 3. Prohibited Acts

1. Vaccinating suspected rabies-infected, exposed, or suspected exposed dogs and cats.

2. Treating animals suffering from rabies or suspected rabies.

3. Slaughtering animals suffering from rabies, suspected rabies, exposed, or suspected exposed, except when slaughtering for sample collection for testing as directed by veterinary authorities.

4. Allowing dogs to roam freely in public places, densely populated areas, and urban zones.

Article 4. Responsibilities of State Management Agencies and People's Committees at all levels in Rabies Prevention and Control

1. The Ministry of Agriculture and Rural Development shall be responsible for:

a) Issuing regulatory documents and guidelines for rabies prevention and control measures for animals including: vaccination, monitoring suspected rabies-infected, exposed, or suspected exposed animals; destroying infected animals and their products; slaughtering animals, dissecting animals for sample collection; packaging and sending diagnostic samples; registering dog ownership, managing owned dogs, and destroying stray dogs.

b) Leading the development of a program to control and eradicate rabies in animals and humans, submitting it to the Prime Minister for approval and directing its implementation within the scope of their assigned functions and tasks.

c) Directing rabies prevention and control efforts nationwide.

d) Inspecting and supervising the direction and organization of rabies prevention and control for animals nationwide.

2. The Ministry of Health shall be responsible for:

a) Issuing guidelines for rabies prevention and control measures for humans; organizing preventive treatment, examination, and counseling on rabies prevention and control for humans; vaccinating, monitoring, and treating people bitten or scratched by infected, suspected infected, exposed, or suspected exposed animals.

b) Cooperating with the Ministry of Agriculture and Rural Development to develop a program to control and eradicate rabies in animals and humans; directing the implementation of the program after approval by the Prime Minister within the scope of their assigned functions and tasks.

c) Directing rabies prevention and control efforts for humans nationwide.

d) Inspecting and supervising the direction and organization of rabies prevention and control for humans nationwide.

3. People's Committees at all levels are responsible for:

a) Organizing the implementation of the rabies prevention and control program within their jurisdiction.

b) Directing and implementing anti-disease measures as prescribed in this Decree and Decree No. 33/2005/NĐ-CP dated March 15, 2005, of the Government detailing certain provisions of the Animal Health Ordinance.

c) Directing and implementing mandatory vaccination for dogs and cats; applying other compulsory preventive measures to prevent rabies in animals; promoting and educating the public to actively participate in rabies prevention and control for both humans and animals.

For stray dogs in public places, densely populated areas, and urban zones, the People's Committee of villages, towns, and wards (hereinafter referred to as the People's Committee at the village level) shall establish procedures for capturing; announce on mass media the temporary holding locations for captured dogs so that owners can claim them; apply administrative penalties against pet owners; destroy dogs if they remain unclaimed for over 48 hours after the announcement.

Article 5. Responsibilities of Organizations and Individuals Raising Animals

1. Organizations and individuals raising animals (hereinafter referred to as pet owners) must comply with rabies prevention and control regulations and follow veterinary authority guidance in handling outbreaks as stipulated in Clause 1, Article 11 of this Decree.

2. Dog owners must adhere to dog-keeping regulations as stipulated in Article 6 of this Decree and bear all costs associated with the capture of stray dogs, including care and destruction expenses.

3. Pet owners whose dogs or cats suffering from rabies bite or scratch people must compensate for material losses in accordance with the law.

Chapter II

PREVENTION OF RABIES IN ANIMALS

Article 6. Dog Keeping

Dog owners must comply with the following regulations:

1. Register dog ownership with the People's Committee at the village level in urban areas and densely populated regions.

2. Tie up, confine, or keep dogs under control; ensure veterinary hygiene, environmental sanitation, and not affect surrounding people. In public places, densely populated areas, and urban zones, when taking dogs out, they must be confined in cages or crates or muzzled and accompanied by a person.

3. Concentrated dog breeding must ensure veterinary hygiene conditions as prescribed in Clause 1, Article 7 of Decree No. 33/2005/NĐ-CP dated March 15, 2005, providing detailed implementation of certain provisions of the Animal Health Ordinance; it shall not cause noise or adversely affect surrounding people.

Article 7. Rabies vaccination

1. All dogs and cats within the mandatory vaccination scope must be vaccinated against rabies according to the regulations of the veterinary authority.

2. The rabies vaccine for dogs and cats must be included in the list of vaccines, biological products, microorganisms, and chemicals permitted for circulation in Vietnam and must be stored and used in accordance with the manufacturer's instructions or those of the veterinary authority.

3. The veterinary authority shall issue a vaccination certificate to pet owners whose dogs and cats have been vaccinated in accordance with the regulations. Pet owners must pay the costs of vaccination in accordance with the laws on animal health.

Article 8. Surveillance and detection of rabies

1. Responsibilities of individuals and agencies in the surveillance and detection of rabies:

a) Pet owners must regularly monitor their pets; if they notice unusual behavior or unprovoked biting or scratching of people or other animals, they must immediately confine the animal and report to the commune-level veterinary staff.

b) Commune-level veterinary staff, upon receiving notification from pet owners as stipulated in point a of this clause, must promptly report to the commune People's Committee to supervise the confinement of suspected rabid animals; at the same time, report in writing to the specialized state management agency for animal health at the district level.

c) The specialized state management agency for animal health at the district level, upon receiving reports from commune-level veterinary staff as stipulated in point b of this clause, has the responsibility to report in writing to the specialized state management agency for animal health at the provincial level, the People's Committee at the district level about suspected cases of rabies in the locality.

d) The specialized state management agency for animal health at the provincial level, upon receiving reports from the specialized state management agency for animal health at the district level as stipulated in point c of this clause, must conduct verification and provide specific conclusions regarding suspected rabid animals, infected animals, or suspected infected animals, to monitor and supervise the animals as prescribed in Clause 2 of this Article. In case it is determined that the animal is infected with rabies, it must report to the specialized state management agency for animal health at the central level, the People's Committee at the provincial level, and notify the People's Committee at the commune level, pet owners, victims, and the Provincial Center for Preventive Medicine to coordinate and direct the network of commune-level veterinary services, commune-level healthcare, and pet owners to implement measures in the epidemic area as prescribed in Article 13 of this Decree.

2. Monitoring and supervising suspected rabid, infected, or suspected infected animals:

a) Dogs and cats suspected of having rabies that have bitten or scratched people must be confined and monitored for 90 days; if they have not bitten or scratched people, they must be destroyed.

b) Dogs and cats infected with rabies that have not been vaccinated must be destroyed; if they have been vaccinated, they must be confined and monitored for 90 days.

c) Dogs and cats suspected of being infected with rabies must be confined and monitored for 14 days.

Article 9. Importation, temporary importation, re-exportation, temporary exportation, re-importation, transshipment, and transit of animals through the territory of Vietnam

1. Animals imported into Vietnam from regions or countries free of rabies must meet the following conditions:

a) They must have an Export Certificate issued by the exporting country confirming that the animals show no clinical signs of rabies.

b) The animals must originate from regions or countries free of rabies at least six months prior to export.

2. Animals imported into Vietnam from regions or countries where rabies exists must meet the following conditions:

a) They must have an Export Certificate issued by the exporting country confirming that the animals show no clinical signs of rabies.

b) Cattle, horses, and pigs must be kept in farms without cases of rabies for at least six months before export.

c) Dogs and cats must have been vaccinated against rabies and still be immune.

3. Animals temporarily imported, re-exported, transshipped, or transiting through the territory of Vietnam must have an Export Certificate issued by the exporting country confirming that the animals show no clinical signs of rabies; dogs and cats must have been vaccinated against rabies and still be immune; cattle, horses, and pigs must originate from regions or countries without cases of rabies for at least six months before export.

4. Animals temporarily exported and re-imported into Vietnam must have an Export Certificate issued by the country that allowed temporary importation confirming that the animals meet the conditions specified in Clause 3 of this Article.

Article 10. Slaughtering dogs for business purposes

Slaughtering dogs for business purposes at slaughterhouses must comply with veterinary hygiene conditions as prescribed in Article 46 of Decree No. 33/2005/NĐ-CP dated March 15, 2005, providing detailed implementation of certain provisions of the Animal Health Ordinance, and the following requirements:

1. Dogs brought for slaughter must have a vaccination certificate against rabies issued by the competent veterinary authority.

2. Individuals who regularly slaughter and process dog meat must be vaccinated against rabies according to the regulations of the Ministry of Health.

Chapter III

CONTROL OF RABIES IN ANIMALS

Article 11. Epidemic control measures

1. When an animal is confirmed to be infected with rabies, the pet owner must comply with the following regulations:

a) Immediately destroy the infected animal. If the pet owner cannot be identified, the commune People's Committee shall be responsible for destruction.

b) Isolate and monitor suspected infected, infected, or suspected infected animals as prescribed in Clause 2 of Article 8 of this Decree.

c) Sanitize and disinfect all enclosures, cages, farming equipment, transportation tools, environment, feed, waste, and other items that have come into contact with the infected animal.

d) All healthy dogs and cats within the epidemic area must be confined and monitored.

2. Mandatory vaccination of healthy dogs and cats within the epidemic area and adjacent villages. If healthy dogs and cats within the epidemic area are not vaccinated, they must be organized for destruction.

Article 12.ANNOUNCEMENT OF RABIES EPIDEMIC

1. Conditions for announcing a rabies epidemic within a commune:

a) When it has been determined that there are rabid dogs and cats, and people have died from rabies within the commune's territory;

b) There is a written report from the People's Committee at the district level regarding the development of the epidemic situation;

c) There is a document requesting the declaration of an epidemic from the specialized state management agency for veterinary affairs at the provincial level.

2. Conditions for declaring a rabies epidemic within the scope of a district: when there are five or more communes in the district with a rabies epidemic.

3. Conditions for declaring a rabies epidemic within the scope of a province: when there are five or more districts in the province with a rabies epidemic.

4. Authority to declare an epidemic shall be carried out in accordance with Article 18 of Decree No. 33/2005/NĐ-CP dated March 15, 2005, of the Government detailing the implementation of certain provisions of the Animal Health Ordinance.

Article 13. Measures for epidemic areas

1. For animals:

a) All dogs and cats in the epidemic area must be confined. Healthy animals in that area and adjacent villages must be vaccinated against rabies;

b) Implement the destruction of animals suffering from or dead due to rabies; clean, disinfect, and sterilize the epidemic area;

c) Isolate and monitor animals suspected of being infected, infected, or potentially infected with rabies according to regulations;

d) Do not transport or bring dogs and cats into or out of the epidemic area.

2. For humans:

a) Individuals bitten, scratched, or licked by rabid or suspected rabid dogs or cats, or who have come into contact with rabid dogs or cats, must immediately treat the wound according to the guidance of the commune health center; go directly to the Preventive Health Center for examination and prophylactic treatment; absolutely do not treat with traditional medicine;

b) The Preventive Health Center at the district level must have sufficient anti-rabies serum, rabies vaccine, and organize on-duty epidemic prevention;

c) Individuals directly involved in cleaning, disinfecting, and sterilizing the epidemic site must implement protective measures according to the guidance of the Veterinary Service.

Article 14. Declaration of the end of the epidemic

1. Conditions for declaring the end of the epidemic:

a) 100% of dogs and cats in the epidemic area and adjacent villages have been vaccinated against rabies;

b) It has been 90 days since the first animal was found to be infected with rabies, including the last 15 days without any additional animals contracting or dying from rabies;

c) Thorough cleaning, disinfection, and sterilization of the epidemic source and epidemic area have been completed.

2. Authority to announce the end of the epidemic:

Procedures and authority for declaring the end of the epidemic shall be implemented in accordance with Clause 2, Article 27 of Decree No. 33/2005/NĐ-CP dated March 15, 2005, of the Government detailing the implementation of certain provisions of the Animal Health Ordinance.

Chapter IV

REWARD AND VIOLATION HANDLING

Article 15. Awards

Individuals and organizations that achieve outstanding results in the work of preventing and controlling rabies in animals shall be promptly rewarded in accordance with the provisions of the law.

Article 16. Handling of violations

Individuals and organizations that violate the provisions of this Decree shall be subject to administrative penalties in accordance with Decree No. 129/2005/NĐ-CP dated October 17, 2005, of the Government on administrative penalties for violations in the field of veterinary services, Decree No. 150/2005/NĐ-CP dated December 12, 2005, of the Government on administrative penalties for violations in the fields of security, public order, and social safety, and other relevant laws.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations contrary to this Decree are hereby abolished.

Article 18.Responsibility for guiding implementation

1. The Minister of Agriculture and Rural Development is responsible for guiding the implementation and organizing the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.