Circular No. 09/2022/TT-BNNPTNT Amending and supplementing certain articles of Circulars on animal quarantine, terrestrial animal products

CIRCULAR

Amending and supplementing certain articles of Circulars on animal quarantine and terrestrial animal products

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 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;

Pursuant to Decree No. 13/2020/NĐ-CP dated January 21, 2020 of the Government guiding detailed implementation of the Law on Livestock Breeding;

Pursuant to Decree No. 26/2019/NĐ-CP dated March 8, 2019 of the Government guiding detailed implementation of the Law on Fisheries;

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 articles of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on animal quarantine and terrestrial animal products (amended and supplemented by Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development)

1. Amending and supplementing Clause 2, Article 9a as follows:

“2. Prior to importing livestock feed or aquatic products of animal origin, the consignor shall submit one set of registration dossier for animal quarantine in accordance with Clause 1, Article 45 of the Law on Animal Health (application form according to Form 19 or Form 20 in Appendix V attached hereto). The Department of Animal Health shall implement in accordance with Clause 2, Article 46 of the Law on Animal Health, and issue guidance on animal quarantine to the consignor and the animal quarantine agency at the border gate through the National Single Window Portal (in case the consignor registers through the National Single Window Portal) or send via email (in case the consignor registers through postal service, public postal service, or sends via email, fax, or delivers directly).”

2. Amending and supplementing Clause 3, Clause 4, Article 9a as follows:

“3. Before the goods arrive at the border gate, the consignor shall submit one set of dossier to the animal quarantine agency at the border gate in one of the following ways: through the National Single Window Portal or through postal service, public postal service, or send via email, fax, then send the original or deliver directly. The dossier shall comply with Clause 2, Article 45 of the Law on Animal Health (Form 20a in Appendix V attached hereto) and Point b, Clause 3, Article 18 of Decree No. 13/2020/NĐ-CP; Clause 2, Article 29 of Decree No. 26/2019/NĐ-CP.

4. The animal quarantine agency at the border gate shall implement in accordance with Clause 3, Article 9 of this Circular and Clause 2, Clause 4, Article 18 of Decree No. 13/2020/NĐ-CP; Article 29 of Decree No. 26/2019/NĐ-CP.”

3. Supplementing Point c after Point b, Clause 3, Article 19 as follows:

“c) In case there is agreement between the Department of Animal Health and the competent authority of the exporting country regarding electronic animal health certificates, such electronic certificates shall be used.”

Article 2. Amending and supplementing some Appendices and forms of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on animal quarantine and terrestrial animal products (amended and supplemented by Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development)

1. Replacing Form 20a of Appendix V with Form 20a in the Appendix attached hereto.

2. Supplementing number 5 after number 4 in Table 1 of Appendix XI as follows:

“1. Table 1: Diseases to be tested for animals.

3. Amending number 9, 14, 15 and supplementing number 21 in Table 1 and amending and supplementing the content of Note I of Appendix XII as follows:

“1. Table 1: Diseases to be tested for imported animals.

* Note:

- Based on the disease situation in the exporting country, the Department of Animal Health shall guide the disease indicators that need to be tested for quarantine.

- In case a new disease not specified in Table 1, Note I of this Appendix is discovered, the Department of Animal Health shall report to the Ministry of Agriculture and Rural Development for consideration and decision on quarantine indicators for the new disease.

- Samples shall be taken randomly from each batch of goods; the sample size shall be 5% based on the estimated prevalence rate (according to Table 2 of this Appendix).

- Based on clinical symptoms, the animal quarantine agency at the border gate shall take samples for testing to identify the causative agent of the disease in accordance with Appendix III.”

4. Amending and supplementing Point c, Clause 1, Item II of Appendix XII as follows:

“c) Causative agents:

Sampling frequency shall be applied to the total number of imported batches from January 1 to December 31 of the same year; sampling and testing for causative agents shall be conducted in accordance with Vietnamese regulations, standards, technical specifications, and international regulations.

Based on the actual status of goods and the disease situation in the exporting country, testing for causative agents shall be conducted in accordance with Appendix III attached hereto.”

5. Amending and supplementing Point a, Point b, Clause 2, Item II of Appendix XII as follows:

“a) Causative agents

a1) For terrestrial animal products used as livestock feed or aquaculture feed:

a2) For aquatic animals, aquatic animal products used as livestock feed or aquaculture feed:

b) Sampling frequency

b1) For complete mixed feed, concentrated feed, supplementary feed, finished aquaculture feed: one out of five batches shall be sampled for testing causative agents as stipulated in Point a of this clause.

b2) For raw materials of animal origin for producing livestock feed or aquaculture feed: each batch shall be sampled for testing causative agents as stipulated in Point a of this clause.

b3) For food and raw materials specified in points b1 and b2 of this clause, which consist of multiple components from different animal species, take samples for testing not more than two disease-causing agent indicators as prescribed in point a of this clause.

b4) Sampling and testing for disease-causing agents shall be carried out in accordance with Vietnamese regulations, standards, technical specifications, and international regulations.

6. Supplement Section V following Section IV of Appendix XII as follows:

"V. SAMPLING AND TESTING FOR DISEASE CAUSING AGENTS

1. For animals imported in accordance with Table 1, Section I of Appendix XII issued together with this Circular: combine five individual samples into one sample for testing disease-causing agents.

2. For animal products imported in accordance with Section II of Appendix XII issued together with this Circular:

a) A consignment containing one to two items: take samples from all items; each item takes five individual samples and combines them into one sample for testing disease-causing agents;

b) A consignment containing three or more items: take samples from the three items with the largest quantity/volume; each item takes five individual samples and combines them into one sample for testing disease-causing agents.

3. Principle of combining samples for testing: only combine individual samples of the same type, same species of animal, same consignment, and same country or region.

4. In cases where it is not possible to combine samples for testing according to combined sampling, test disease-causing agents according to individual samples.

5. When a consignment of imported animal products does not meet sensory requirements, take samples for testing chemical, microbiological, and disease-causing agent indicators in accordance with Vietnamese regulations, standards, and technical specifications, and international regulations."

7. Repeal point d of Clause 1, point d of Clause 2, Section II of Appendix XII issued together with this Circular.

8. Repeal Section III of Appendix XII issued together with this Circular.

Article 3. Implementation Provisions

1. This Circular takes effect from October 6, 2022.

2. For registration and declaration documents for quarantine of animals and terrestrial animal products; quarantine and quality inspection of livestock feed, aquatic products of animal origin before clearance for consignments that require both product animal quarantine and state quality inspection submitted before the date this Circular takes effect, implement according to the laws at the time of submission of the documents.

3. Repeal Article 12 of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016, issued by the Minister of Agriculture and Rural Development.

4. Repeal Article 2 of Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, issued by the Minister of Agriculture and Rural Development regarding amendments and supplements to some articles of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016, and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017, issued by the Minister of Agriculture and Rural Development.

5. The Director of the Department of Animal Health and Heads of relevant units, organizations, and individuals are responsible for implementing this Circular.

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./.