Joint Circular No. 09/1998/TTLT/BNN-BYT guides the implementation of Article 4 and Article 51 of the Regulations on Border Health Quarantine of the Socialist Republic of Vietnam issued together with Government Decree No. 41/1998/NĐ-CP dated June 11, 1998.

CIRCULAR

Guidelines for Implementing Article 4 and Article 51 of the Health Quarantine Regulations at Border Areas of the Socialist Republic of Vietnam issued together with Decree No. 41/1998/ND-CP dated November 6, 1998 of the Government

Pursuant to Decree No. 41/1998/ND-CP dated June 11, 1998 of the Government promulgating the Health Quarantine Regulations at Border Areas of the Socialist Republic of Vietnam;

Pursuant to Decree No. 92/CP dated November 27, 1993 of the Government promulgating the Plant Quarantine Regulations;

Pursuant to Decree No. 93/CP dated November 27, 1993 of the Government promulgating the Animal Quarantine Law;

The Ministry of Agriculture and Rural Development and the Ministry of Health issue guidelines for implementing Article 4 and Article 51 of the Health Quarantine Regulations at Border Areas of the Socialist Republic of Vietnam as follows:

I. OBJECTS OF HEALTH QUARANTINE AT BORDER AREAS

In this notification, the following terms shall be understood as follows:

1. Objects that can be transported into import, export, transit, which are subject to health quarantine as stipulated in Clause 1 of Article 4 of the Health Quarantine Regulations include:

a) Animals showing signs of disease or carrying pathogens or transmitting diseases such as plague, cholera, yellow fever, and other newly emerging infectious diseases as defined by the Ministry of Health (hereinafter referred to collectively as diseases subject to health quarantine);

b) Animals, animal products; food, food products originating from areas where these diseases subject to health quarantine are present or have been detected;

c) Means of transport containing animals, animal products, and plants, plant products showing signs of disease or carrying pathogens, originating from areas where these diseases subject to health quarantine are present or have been detected.

2. Food products actually used at border gates, on international means of transport as stipulated in Article 51 of the Health Quarantine Regulations include:

a) Animal-origin food products: live and processed animal products;

b) Plant-origin food products: raw and processed plant-based food products.

II. IMPLEMENTATION

1. Health quarantine at border areas shall be conducted in accordance with the Health Quarantine Regulations at Border Areas issued together with Decree No. 41/1998/ND-CP dated June 11, 1998 of the Government and Circular No. 10/1998/TT-BYT dated August 10, 1998 of the Ministry of Health guiding the implementation of certain provisions of the Health Quarantine Regulations at Border Areas of the Socialist Republic of Vietnam.

2. Plant health quarantine shall be conducted in accordance with the Plant Quarantine Regulations issued together with Decree No. 92/CP dated November 27, 1993 of the Government.

3. Animal health quarantine shall be conducted in accordance with the Animal Quarantine Regulations issued together with Decree No. 93/CP dated November 27, 1993 of the Government and Decision No. 389 NN-TY/QĐ dated April 15, 1994 of the Minister of the Ministry of Agriculture and Food Industry (now the Ministry of Agriculture and Rural Development).

4. In case new diseases subject to health quarantine appear, health quarantine at border gates shall be carried out as follows: The border health quarantine facility shall notify the animal health quarantine facility at the border gate or the plant health quarantine facility to carry out health quarantine and medical treatment for objects that are animals, animal products, or plants, plant products according to the regulations of the Health Quarantine Regulations at Border Areas.

5. Sanitary inspection procedures for food safety:

a) Animal-origin or plant-origin food products used in catering services, exported at border gates and provided by food supply facilities for international means of transport must be inspected and have valid certificates:

* Certificate of food safety standards issued by the competent health authority;

* Veterinary health certificate of the animal quarantine facility at the border gate confirming that the product does not spread animal diseases to humans (if the food is of animal origin) or plant health certificate of the plant quarantine facility at the border gate confirming that the food does not contain plant diseases listed in the "List of Plant Diseases of the Socialist Republic of Vietnam" issued pursuant to Decision No. 75/1998/QĐ-BNN-BVTV dated May 21, 1998 of the Minister of the Ministry of Agriculture and Rural Development (if the food is of plant origin).

b) The border health quarantine facility shall conduct regular and spot inspections of animal-origin or plant-origin food products according to the following inspection contents:

* Verification of the validity of the certificates mentioned above.

* Sampling and testing of products according to food safety standards prescribed by the Ministry of Health.

c) If during the inspection it is found that the food does not have the required certificates or the certificates are invalid, or the food does not meet food safety standards, the border health quarantine facility shall notify the animal quarantine facility at the border gate or the plant quarantine facility at the border gate to handle the situation according to food safety regulations.

6. When new dangerous infectious diseases (other than plague, cholera, yellow fever) are discovered and need to be included in the scope of health quarantine at border areas, the health sector shall announce and inform the agricultural sector.

7. The border health quarantine facility, the animal health quarantine facility at the border gate, and the plant health quarantine facility at the border gate shall cooperate to implement the provisions of this Circular and review their cooperation every three months.

III- IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days from the date of signature, all previous regulations contrary to this Circular are abolished. Any issues arising during implementation should be reported to the immediate superior authority for study and guidance on resolution./.