Circular No. 06/2022/TT-BNNPTNT Amending and supplementing certain articles of Circulars on animal quarantine and aquatic animal products quarantine

CIRCULAR

Amending and supplementing certain articles of Circulars

stipulating animal quarantine and aquatic animal product quarantine

___________________ 

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

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

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

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circulars stipulating animal quarantine and aquatic animal product quarantine.

Article 1. Amending and supplementing certain provisions of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development stipulating animal quarantine and aquatic animal product quarantine

1. Amending and supplementing Point d Clause 2 Article 4 as follows:

“d) A copy of the Import Permit issued by the General Department of Fisheries, confirmed by the enterprise (for aquatic animals not included in the List of Aquatic Species Permitted for Business in Vietnam as prescribed in Appendix VIII promulgated together with Decree No. 26/2019/NĐ-CP dated March 8, 2019 of the Government detailing several articles and measures to implement the Law on Fisheries).”

2. Amending and supplementing Point c Clause 5 Article 4 as follows:

“c) A copy of the Export Permit for aquatic products issued by the General Department of Fisheries, confirmed by the enterprise (for exportable aquatic species subject to conditions as prescribed in Appendices IX and X promulgated together with Decree No. 26/2019/NĐ-CP dated March 8, 2019 of the Government detailing several articles and measures to implement the Law on Fisheries).”

3. Supplementing Point b Clause 6 Article 4 as follows:

“In case the Department of Animal Health and the Competent Authority of the exporting country agree on electronic certification, an electronic health certificate shall be used.”

4. Amending and supplementing Article 19 as follows:

"Article 19. Quarantine of animals and aquatic animal products for export carried by person or sent through postal service

1. Prior to exporting animals and aquatic animal products carried by person or sent through postal service, the consignor shall submit one set of export declaration dossier in accordance with Clause 5 Article 4 of this Circular to the animal quarantine agency at the border gate via one of the following methods: through the National Single Window Portal or postal services, public postal services, email, or fax, followed by submission of paper dossier or direct submission.

2. The animal quarantine agency at the border gate shall process the dossier in accordance with Point b Clause 2 Article 42 of the Law on Animal Health and conduct quarantine as follows:

a) For aquatic animals: clinical examination, sampling for testing diseases as required by the consignor or the importing country;

b) For aquatic animal products: sensory inspection, sampling for testing hygiene indicators as required by the consignor or the importing country;

c) Issuing an Export Health Certificate in accordance with Point c Clause 2 Article 42 of the Law on Animal Health;

d) Guiding the consignor to comply with regulations on keeping aquatic animals, packaging aquatic animal products, sealing or marking the consignment; handling animals and aquatic animal products that do not meet hygiene requirements for export."

5. Amending and supplementing Article 20 as follows:

"Article 20. Quarantine of animals and aquatic animal products for import carried by person or sent through postal service

1. When importing animals and aquatic animal products for non-commercial purposes, the consignor shall submit one set of import declaration dossier in accordance with Clause 6 Article 4 of this Circular to the animal quarantine agency at the border gate via one of the following methods: through the National Single Window Portal or postal services, public postal services, email, or fax, followed by submission of paper dossier or direct submission.

2. Within one working day from the date of receipt of a valid declaration dossier, the animal quarantine agency at the border gate shall conduct quarantine as follows:

a) Inspecting the quarantine dossier, Health Certificate of the exporting country; comparing the species, quantity, and weight of imported goods;

b) Inspecting the condition of the goods, breeding conditions of aquatic animals, packaging, and preservation of aquatic animal products;

c) In case aquatic animals are found not listed in the List of Commonly Imported Aquatic Species, diseased aquatic animals; aquatic animal products showing signs of deterioration, not meeting hygiene requirements, they shall be destroyed or returned to the exporting country;

d) After inspection, healthy aquatic animals meeting hygiene requirements shall be kept according to regulations; aquatic animal products meeting hygiene requirements shall be packaged and preserved according to regulations, the animal quarantine agency at the border gate shall issue an Import Health Certificate for the consignor to proceed with customs and postal procedures."

6. Amending and supplementing Article 21 as follows:

"Article 21. Transport of aquatic disease samples

1. When there is a request to receive disease samples from abroad or send disease samples from Vietnam to abroad, the consignor must submit one registration dossier for quarantine in accordance with Form 06 TS promulgated together with Appendix V of this Circular to the Department of Animal Health via one of the following methods: through the National Single Window Portal or postal services, public postal services, email, or fax, followed by submission of original dossier or direct submission.

2. Within five working days from the date of receipt of a valid registration dossier, the Department of Animal Health shall reply to the consignor in writing to approve or disapprove.

3. The animal quarantine agency at the border gate shall conduct quarantine for transport of disease samples as follows:

a) Checking the approval letter from the Department of Animal Health and other related documents; the condition of packaging and preservation of disease samples;

b) Within one working day, the animal quarantine agency at the border gate shall issue a Transport Certificate for disease samples with valid documentation; those properly packaged and preserved to meet hygiene requirements.

Quantity of Transport Certificates issued: two copies (one copy retained by the border gate quarantine agency, one copy sent to the consignor)."

7. Repeal Clause 3 Article 4 (amended and supplemented at Clause 2 Article 1 Circular No. 36/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development amending and supplementing certain provisions of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on animal quarantine and aquatic animal products; hereinafter referred to as Circular No. 36/2018/TT-BNNPTNT); Point c Clause 2 Article 13 (supplemented at Clause 6 Article 1 Circular No. 36/2018/TT-BNNPTNT); Article 14 (amended and supplemented at Clause 8 Article 1 Circular No. 36/2018/TT-BNNPTNT); Clause 4 Article 15 (supplemented at Clause 9 Article 1 Circular No. 36/2018/TT-BNNPTNT); Clause 4 Article 17, Point a Clause 6 Article 17, Point a Clause 7 Article 17 (amended and supplemented at Clause 10 Article 1 Circular No. 36/2018/TT-BNNPTNT); Article 18; Point d Clause 1 Article 22 (supplemented at Clause 11 Article 1 Circular No. 36/2018/TT-BNNPTNT).

Article 2. Amend and supplement some appendices and forms of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on animal quarantine and aquatic animal products.

1. Amend SectionII PartA and PartB Appendix I as follows:

“II. Aquatic animal products

1. Aquatic animal products (including embryos, eggs, semen, and larvae of aquatic species) in fresh, chilled, or frozen form.

2. Other aquatic animal products subject to quarantine requirements of the importing country or as stipulated in international treaties to which Vietnam is a party.

B. List of animals and aquatic animal products exempt from quarantine

1. Animals and aquatic animal products imported for diplomatic purposes.

2. Aquatic animal products imported as raw materials for processing and export or production for export.

3. Aquatic animal products used as samples for testing.

4. Aquatic animal products imported for exhibition at trade fairs or exhibitions.

5. Aquatic animal products used as food for export that have been recalled or returned.”

2. Amend and supplement Appendix IV as follows:

a) Add item 9 after item 8 of the Crustacean Diseases section in the Table of Diseases in Aquatic Animals at Section I Part A as follows:

“A. Aquatic Animals

I. Diseases in Aquatic Animals

b) Add note content at SectionI PartA as follows:

"The sample for testing each pathogen in a consignment is a pooled sample according to the principle of five samples pooled into one sample for testing."

c) Amend and supplement PartB as follows:

“B. Aquatic Animal Products

I. Testing Criteria

1. Sampling frequency:

Samples from three consecutive batches shall be taken for testing and applied as follows:

a) If the test results of three consecutive batches meet the requirements, samples from one out of every five subsequent batches shall be randomly selected for testing; if the test result of the selected batch does not meet the requirements, samples from three consecutive batches shall be taken for testing;

b) If the test result of one batch does not meet the requirements, continue to take samples from three consecutive batches for testing.

2. Sample quantity and testing samples:

a) For a batch containing one item: take five samples and combine them into one sample for testing the pathogen indicators according to the provisions of Clause 1 of this Part (Part B);

a) For a consignment with one item: take five (5) samples and combine them into one (1) sample for testing pathogens according to the provisions of Clause 1 of this Part (Part B);

b) For consignments containing multiple items: select the item with the larger quantity to take samples according to point a of this clause, taking a maximum of three items; if the quantities of the items in the consignment are equal, the animal quarantine agency at the border selects the items randomly for sampling.

3. For products taken from aquatic species families/species not listed in Part B of this Section (Part I), the following shall be carried out:

a) The border quarantine agency shall inspect the quarantine documentation and the actual condition of three consecutive consignments and apply the provisions set forth in points a and b of Clause 1 of this Section.

b) In case a consignment does not meet the requirements regarding appearance, samples shall be taken to test chemical and physical indicators, harmful microorganisms, and disease-causing agents in accordance with relevant Vietnamese regulations, standards, and international provisions.

4. For consignments that do not require testing or inspection of the actual condition of goods, the animal quarantine agency at the border shall only check the documentation. If the documentation meets the requirements, the animal quarantine agency at the border shall issue an Import Quarantine Certificate (the importer must bear responsibility for the imported goods).

5. When a consignment is found not to meet the requirements, the animal quarantine agency at the border shall handle it according to the regulations and report to the Department of Animal Health.

6. Sampling and inspection shall be conducted at a frequency applied to the total number of imported consignments from January 1 to December 31 of the same year."

d) Supplement partCinto partB as follows:

“C. Based on the epidemic situation in the exporting country, the Department of Animal Health shall guide the disease indicators required for testing as specified in partA, partBAppendix to this.

In case a new disease not specified in partA, partBAppendix to this is discovered, the Department of Animal Health shall report to the Ministry of Agriculture and Rural Development for consideration and decision on quarantine requirements."

3. Replace Model 03 TS Appendix V (Animal and Aquatic Animal Product Export and Import Quarantine Declaration Form) with Model 03 TS (Animal and Aquatic Animal Product Export and Import Quarantine Declaration Form) in Appendix issued together with this Circular.

4. Supplement Clause 26, Clause 27 after Clause 25 of Part I of Appendix V as follows: "26. Decision on veterinary hygiene treatment for animals/aquatic animal products that do not meet veterinary hygiene requirements - Model 26 TS; 27. Record of veterinary hygiene treatment for animal and aquatic animal products - Model 27 TS."

5. Supplement Model 26 TS - Decision on veterinary hygiene treatment for animals/aquatic animal products that do not meet veterinary hygiene requirements and Model 27 TS - Record of veterinary hygiene treatment for animal and aquatic animal products after Model 25 TS of Appendix V (in the Appendix issued together with this Circular).

6. Supplement Appendix VII: Inspection and Sampling Procedure for Consignments of Aquatic Animal Products after Appendix VI in the Appendix issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from September 11, 2022.

2. For quarantine declaration documents submitted before the date this Circular takes effect, they shall be implemented according to the laws in force at the time of submission.

3. This Circular abolishes:

a) Circular No. 11/2019/TT-BNNPTNT dated October 22, 2019, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 36/2018/TT-BNNPTNT dated December 25, 2018, of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016, of the Minister of Agriculture and Rural Development on animal quarantine and aquatic animal product quarantine;

b) Clause 4 Article 9, point b Clause 2 Article 12 of Circular No. 21/2018/TT-BNNPTNT of the Minister of Agriculture and Rural Development on recording and submitting reports, logbooks of fishing activities; announcing designated fish ports confirming the origin of fishing products; list of illegal fishing vessels; confirming raw materials, certifying the origin of fishing products.

4. The Director of the Department of Animal Health and the heads of units, organizations, and individuals concerned are responsible for implementing this Circular.

During implementation, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to reflect them to the Ministry of Agriculture and Rural Development for consideration and decision./.