Circular No. 10/2022/TT-BNNPTNT Amending and supplementing certain Articles of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016 of the Minister of Agriculture and Rural Development on meat inspection control and veterinary hygiene inspection

CIRCULAR

Amending and supplementing certain Articles of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016 of the Minister of Agriculture and Rural Development on slaughter control and veterinary hygiene inspection

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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 Law Food Safety on June 17, 2010;

Pursuant to the Law on Animal Health dated January 19 the 6 year 2015;

Pursuant to the Law on Livestock Raising dated January 19, 2018;

On the basis of Decree No. 15/2018/ND-CP dated February 2, 2018 of the Government detailing a number of provisions of the Law on Food Safety;

On the basis of Decree No. 13/2020/ND-CP dated January 21, 2020 of the Government guiding in detail the Law on Livestock Raising; Decree No. 46/2022/ND-CP dated July 13, 2022 of the Government amending and supplementing certain provisions of Decree No. 13/2020/ND-CP dated January 21, 2020 of the Government guiding in detail the Law on Livestock Raising;

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 some number provisions of Circular No. 09/2016/TT-BNNPTNT dated 01/6/2016 of the Minister of Agriculture and Rural Development on slaughter control and veterinary hygiene inspection.

Article 1. Amending and supplementing some provisions of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016 of the Minister of Agriculture and Rural Development on slaughter control and veterinary hygiene inspection

3. Amending and supplementing Clause 5 of Article 4 as follows:

"2. With clear origin, specifically as follows: having an Animal Quarantine Certificate for animals transported out of the provincial administrative unit (for animals with origin from another provincial administrative unit); having documents such as invoices, certificates, purchase contracts, vaccination certificates or other equivalent documents or declared according to Article 4 of Circular No. 23/2019/TT-BNNPTNT dated November 30, 2019 of the Minister of Agriculture and Rural Development guiding some provisions of the Law on Livestock Raising regarding livestock activities (for animals within the provincial administrative unit) to be able to trace the origin."

2. Amending and supplementing Clause 5 of Article 5 as follows:

"5. Inspect the implementation of hygiene, disinfection, and sterilization of the slaughterhouse premises, equipment, and tools before slaughtering according to the guidance of the veterinary management agency (hereinafter referred to as the veterinary agency) stipulated in QCVN 01-150:2017/BNNPTNT issued together with Circular No. 13/2017/TT-BNNPTNT dated June 20, 2017 of the Minister of Agriculture and Rural Development issuing National Technical Regulations in the field of animal health (hereinafter referred to as QCVN 01-150)."

3. Supplementing Clause 6 after Clause 5 of Article 6 as follows:

"6. Inspect the implementation of hygiene, disinfection, and sterilization of the slaughterhouse premises, equipment, and tools after slaughtering according to the guidance of the veterinary agency stipulated in QCVN 01-150."

4. Supplementing the phrase "Clause 6" before the phrase "Article 6" in Clause 2 of Article 8 and at point b of Clause 2 of Article 9.

5. Amending and supplementing Point c of Clause 1 of Article 29 as follows:

"c) In the upper left corner, there is an animal quarantine symbol, the diameter of the symbol is 10.5-13mm. On the right side in the upper part, print the name of the specialized veterinary management agency of the provincial level "PROVINCE VETERINARY STATION …"in Arial font, size 10-14 and bold; in case the name of the unit is too long, abbreviate the name of the specialized veterinary management agency of the provincial level;"

6. Amending and supplementing Clause 1, Clause 2 of Article 31 as follows:

"1. The characters engraved on the stamp must be uppercase letters, Arial font; in case the name of the unit is too long, abbreviate the name of the specialized veterinary management agency of the provincial level.

2. The ink components of the stamp must use color additives permitted for use in food according to the regulations of the Ministry of Health; the ink must be dark, not smearing when stamped; the ink stamped on the meat body must ensure that it does not affect the quality of the meat, animal products, and adversely affect consumer health."

7. Amending Point b of Clause 2 of Article 32 as follows:

"b) Meat body, meat pieces, meat slices for market consumption: stamp 01 slaughter control mark in the shoulder area, 01 mark in the belly area, and 01 mark in the buttock area (for meat body); stamp 01 slaughter control mark at a position ensuring identification as having been inspected for veterinary hygiene (for meat pieces, meat slices)."

8. Amending and supplementing Point a, Point b of Clause 2 of Article 35 as follows:

"a) The specialized veterinary management agency of the provincial level shall specify the code on the slaughter control stamp and veterinary hygiene label based on the quarantine code for each district and each slaughter facility; manage and issue slaughter control codes to units implementing animal slaughter control at the local level;

b) The code of the facility consists of: 02 (two) digits for the provincial code; 02 (two) digits for the district code; 02 (two) digits for the serial number."

9. Amending Article 36 as follows:

"Article 36. Principles for veterinary hygiene inspection of facilities

1. Basis for veterinary hygiene inspection

a) Corresponding standards and technical regulations;

b) Relevant legal documents.

2. Inspection and supervision of veterinary hygiene conditions for facilities mentioned in point d item 2 Appendix I or facilities applying for veterinary hygiene condition inspection (as required by the importing country) shall be carried out in accordance with Article 37 and Article 38 of this Circular.

3. Equivalent certificates to the Veterinary Sanitation Condition Certificate include: Food Safety Certificate, Good Livestock Farming Practices (VietGAHP), Global Good Agricultural Practices (GLOBALG.A.P.), Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points System (HACCP), Food Safety Management System ISO 22000, International Food Standard (IFS), Global Food Safety Standard (BRC), Food Safety System Certification (FSSC 22000), Disease Free Certificate, Livestock Raising Conditions Certificate, Feed Production Conditions Certificate. A facility holding one of these certificates is exempted from applying for a Veterinary Sanitation Condition Certificate, except as required by the importing country.

4. Samples taken during veterinary hygiene condition inspections of facilities must be analyzed by a laboratory with a Testing Laboratory Registration Certificate in accordance with the regulations."

10. Amending Article 37 as follows:

"Article 37. Procedures for issuing, reissuing, and revoking the Veterinary Sanitation Condition Certificate (hereinafter referred to as the VSTY Certificate)

1. Authorities issuing the Veterinary Sanitary Status Certificate (VSTY):

a) The Animal Health Department for export establishments; mixed establishments for both export and domestic consumption; mixed establishments for export and import.

b) Regional Animal Health Service Centers and Regional Animal Quarantine Service Centers under the Animal Health Department for import establishments; mixed establishments for import and domestic consumption in centrally governed cities and provinces, specifically as follows:

Regional Animal Health Service Center I: Hanoi, Hoa Binh, Ha Nam, Nam Dinh, Ninh Binh, Phu Tho, Vinh Phuc, Son La, Lai Chau, Dien Bien, Yen Bai.

Regional Animal Health Service Center II: Hai Phong, Thai Binh, Cao Bang, Ha Giang, Tuyen Quang, Bac Kan, Thai Nguyen, Bac Giang, Bac Ninh, Hai Duong, Hung Yen.

Regional Animal Health Service Center III: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua Thien Hue.

Regional Animal Health Service Center IV: Da Nang, Quang Nam, Quang Ngai, Phu Yen, Khanh Hoa, Binh Dinh.

Regional Animal Health Service Center V: Gia Lai, Kon Tum, Dak Lak, Lam Dong, Dak Nong.

Regional Animal Health Service Center VI: Ho Chi Minh City, Ninh Thuan, Binh Thuan, Dong Nai, Ba Ria-Vung Tau, Binh Duong, Binh Phuoc, Tay Ninh, Long An, Tien Giang, Ben Tre.

Regional Animal Health Service Center VII: Can Tho, Hau Giang, Vinh Long, Tra Vinh, Dong Thap, An Giang, Soc Trang, Kien Giang, Bac Lieu, Ca Mau.

Regional Animal Quarantine Service Center Quang Ninh: Quang Ninh.

Regional Animal Quarantine Service Center Lang Son: Lang Son.

Regional Animal Quarantine Service Center Lao Cai: Lao Cai.

c) Provincial specialized animal health management agencies for establishments not covered by points a and b of this clause and serving domestic consumption.

2. The VSTY Certificate is valid for a period of three years. The format of the VSTY Certificate is specified in Model No. 06 of Appendix II issued together with this Circular.

3. Documents required to apply for the VSTY Certificate include:

a) Application form for issuance/reissuance of the VSTY Certificate according to Model 01 of Appendix II issued together with this Circular;

b) Original Summary Description of the establishment according to Model No. 02 of Appendix II issued together with this Circular.

4. Procedures and formalities for issuing the VSTY Certificate:

a) The establishment's owner submits one set of application documents for the VSTY Certificate to the authority responsible for issuing the VSTY Certificate as stipulated in Clause 1 of Article 37 of this Law through one of the following methods: direct submission; online public service; postal service; email, fax (followed by submission of original documents).

b) Within one working day from the date of receipt of the establishment's application for the VSTY Certificate, the authority responsible for issuing the VSTY Certificate must review the completeness of the documents and notify the establishment in writing if the documents are incomplete; in case of direct submission, the staff receiving the documents will immediately guide and inform the applicant about the completeness and validity of the documents.

c) Within fifteen working days from the date of receipt of complete and valid documents, the authority responsible for issuing the VSTY Certificate will conduct a review of the documents and organize on-site inspections of the establishment's veterinary sanitary conditions, issue the VSTY Certificate if the conditions are met. In case the VSTY Certificate is not issued, the authority must provide a written response stating the reasons.

For establishments that have been issued a VSTY Certificate by the authorities specified in points b and c of Clause 1 of Article 37 and wish to engage in export activities; mixed activities for export and domestic consumption; mixed activities for export and import: The Animal Health Department will verify and recognize overlapping criteria that have already been assessed as meeting requirements and issue the VSTY Certificate in accordance with regulations.

5. Reissue of the VSTY Certificate:

a) At least one month before the expiration date of the VSTY Certificate, the establishment must submit an application for reissuance of the VSTY Certificate if it continues to operate;

The authority responsible for reissuing the VSTY Certificate, the validity period of the VSTY Certificate, the documents, procedures, and formalities for reissuing the VSTY Certificate shall be carried out in accordance with the provisions of Clauses 1, 2, 3, and 4 of this Article;

b) In cases where the VSTY Certificate is still valid but has been lost, damaged, misplaced, or there are changes or additions to information on the VSTY Certificate, the establishment must submit a written request for reissuance of the VSTY Certificate according to Model 01 of Appendix II issued together with this Circular to the authority responsible for issuing the VSTY Certificate for consideration and reissuance;

Within five working days from the date of receipt of the establishment's written request for reissuance of the VSTY Certificate, the authority responsible for issuing the VSTY Certificate will review the documents and consider and reissue the VSTY Certificate to the establishment. The validity period of the reissued VSTY Certificate will coincide with the expiration date of the previously issued VSTY Certificate. If reissuance is not granted, the authority responsible for issuing the VSTY Certificate must provide a written notification stating the reasons.

6. Revocation of the VSTY Certificate:

a) Establishments listed in point d of Item 2 of Appendix I issued together with this Circular will have their VSTY Certificates revoked during periodic supervision or surprise inspections if they fail to meet veterinary sanitary requirements;

b) Authority to revoke the VSTY Certificate: The authority that issues the VSTY Certificate also has the authority to revoke the VSTY Certificate.

7. Requirements for team leaders, team members, and sample collectors for inspection and supervision:

a) Team Leader: Must be at least a department-level leader or a civil servant with at least five years of experience in state management of veterinary affairs and livestock husbandry;

b) Team Members: At least one member must be trained in assessing veterinary sanitary conditions of establishments organized by the Animal Health Department; at least one member must have a bachelor's degree or higher in one of the fields of livestock husbandry, veterinary science, or aquaculture;

c) Sample Collectors: Must have expertise in one of the fields of livestock husbandry, veterinary science, or aquaculture; must hold a certificate of participation in training or seminars related to sampling.

11. Amend Article 38 as follows:

"Article 38. Content and Methods of Inspection and Supervision of Veterinary Sanitary Conditions of Establishments

1. Content and Methods of Inspection for Issuance of the VSTY Certificate

a) Inspection Content:

Check requirements regarding: location, physical facilities, workshops, equipment, tools, input materials for production and business, water for production; people involved in production, business, and quality management; the current applied animal health hygiene management program; solid waste management and disposal, wastewater treatment, and other contents as stipulated in the corresponding technical regulations.

The content and results of the inspection shall be recorded in the Minutes according to Model 07 in Appendix II issued together with this Circular;

b) Inspection method: reviewing documents and interviewing relevant parties; on-site inspection and sampling as prescribed.

2. Content and methods of supervision for establishments that have been granted the Animal Health Hygiene Certificate

a) Supervision content: as prescribed in point a, Clause 1 of this Article (excluding the requirement for location); the content and results of supervision shall be recorded in the Minutes according to Model 07 in Appendix II issued together with this Circular;

b) Supervision method: as prescribed in point b, Clause 1 of this Article; taking samples for testing (in case of suspicion that the establishment does not meet animal health hygiene requirements).

3. Frequency of supervision: once every 18 months. For establishments producing and trading animal products for export: carried out according to the requirements of the importing country.

4. In cases of natural disasters or epidemics as prescribed by law: online assessment shall be applied to production and trading establishments, certification bodies that meet the requirements of resources and technical means for implementation (computers, internet connection, software applications, audio and video recording devices); suspend the regular assessment and supervision activities for a maximum of six months; or temporarily extend the validity of the Animal Health Hygiene Certificate for a maximum of six months based on a complete and valid file review without having to conduct direct assessments at the site. Producers and traders shall bear legal responsibility for the accuracy of the information, documents, images, and files provided to the certification body. Direct assessment will be conducted after the localities have controlled the natural disasters and epidemics as prescribed by law; immediately revoke the Animal Health Hygiene Certificate for violators and handle them according to the law.

12. Amend Article 39 as follows:

"Article 39. Inspection of animal health hygiene requirements for animals, animal products, and animal feed

1. Animals

a) Inspection content: checking compliance with the provisions of this Circular's Article 4 for animals intended for slaughter;

b) Inspection method: reviewing documents, clinical examination, and sampling (in case of abnormal signs or suspicion that the animals do not meet animal health hygiene requirements).

2. Animal products; animal-origin animal feeds (referred to collectively as products)

a) Inspection content: checking compliance with microbiological, chemical, and physical standards according to current Vietnamese regulations (for domestic consumption animal products); regulations of the importing country (for export products);

b) Inspection method: sensory examination and sampling (in case of suspicion that the products do not meet animal health hygiene requirements).

3. Means of transportation for animals and animal products; containers for animal products:

a) Inspection content: checking compliance with disinfection and sterilization requirements and compliance with the provisions of Technical Regulation QCVN 01-100:2012/BNNPTNT General Requirements for Animal Health Hygiene Equipment, Tools, and Means of Transportation for Live Animals and Slaughtered Animals;

b) Inspection method: sensory examination and sampling (in case of suspicion that the means of transportation for animals and animal products; containers for animal products do not meet animal health hygiene requirements).

4. Inspection procedures

a) The inspection of animal health hygiene conditions for animals, animal products, and animal-origin animal feeds and means of transportation is closely linked to the inspection of animal health hygiene conditions at establishments as prescribed in point d, Section 2 of Appendix I issued together with this Circular;

b) The inspection of animal health hygiene for imported, exported, and transported animal products outside the provincial territory is carried out simultaneously with the quarantine of animals.

5. In cases where sampling is required as stipulated in point b, Clause 1, point b, Clause 2, and point b, Clause 3 of this Article, such samples must be analyzed by a laboratory with a registration certificate for testing activities as prescribed.

13. Amend Article 40 as follows:

"Article 40. Surveillance of animal health hygiene and food safety for animals and animal products used as food

1. Surveillance targets:

a) Animals intended for slaughter;

b) Meat and meat products at slaughterhouses and retail outlets;

c) Raw milk, honey, and bird nests at breeding, collection, processing, storage, and retail establishments;

d) Imported animal products used as food;

e) Other types of animal products used as food when required.

2. Development of surveillance plans and content:

a) Annual plan and content for surveillance of exported and imported animal products: the Department of Animal Health shall take the lead in developing the annual plan and content for surveillance, submit it for approval by the Ministry of Agriculture and Rural Development, and allocate funds for implementation; report to the Ministry of Agriculture and Rural Development on the results of surveillance, sample analysis, and the next year's plan; issue notifications to the competent authorities of the importing countries when requested; issue notifications to the competent veterinary authorities of exporting countries, requesting investigations into causes and corrective actions, and submitting reports to the Department of Animal Health when surveillance samples do not meet food safety requirements as prescribed by Vietnam;

b) Annual plan and content for surveillance of domestically consumed animal products: the provincial specialized animal health management agencies shall take the lead in developing the annual plan and content for surveillance, submit it for approval by the competent authorities of the provincial People's Committees, and allocate funds for implementation; coordinate with related units to implement the approved plan;

c) Regulations on sample collection for analysis and analysis funding for surveillance:

The Animal Health Department shall organize the implementation of sampling and testing for microbial contamination indicators and analysis of harmful residues in animal products according to the plan approved by the Ministry of Agriculture and Rural Development and funded accordingly.

The provincial specialized animal health management agency shall implement sampling and testing for microbial contamination indicators and analysis of harmful residues in animal products according to the plan approved by the competent authority under the Provincial People's Committee and funded accordingly.

In cases where samples from facilities included in the approved monitoring plan do not meet current requirements or where facilities voluntarily participate in monitoring or are monitored at the request of importing countries, the facility owner must bear the cost of sample analysis.

d) Honey inspection and monitoring shall be carried out in accordance with the regulations of the Ministry of Agriculture and Rural Development on veterinary hygiene and food safety inspections and monitoring for honey.

3. Veterinary hygiene and food safety monitoring activities shall be conducted as follows:

a) For imported animals and animal products intended for food: carried out concurrently with quarantine activities.

b) For exported animals and animal products intended for food; transported outside the provincial administrative area: carried out concurrently with the veterinary hygiene monitoring of the establishment as stipulated in Clause 2, Article 38 of this Circular.

14. Add Point d following Point d of Clause 2, Article 41 as follows:

"d) Veterinary officers assigned by the competent authority to conduct veterinary hygiene inspections in slaughterhouses and who perform animal slaughter control in accordance with this Circular must have a specialized veterinary or livestock veterinary education at the intermediate level or higher; they must be trained and issued a training confirmation certificate on animal slaughter control techniques."

15. Amend and supplement some points of Section 2 of Appendix I as follows:

a) Amend Point a as follows:

"a) Animals for slaughter."

b) Amend and supplement Point b as follows:

"b) Animal products

- Fresh, processed, and manufactured meat, organs, offal, and meat products at slaughterhouses, processing, preservation, and trading establishments;

- Fresh eggs, salted eggs, and egg products processed at breeding, processing, preservation, and trading establishments;

- Raw milk at breeding, collection, processing, preservation, and trading establishments;

- Honey, royal jelly, bee wax at breeding, collection, processing, manufacturing, preservation, and trading establishments;

- Nest yam at breeding, collection, processing, manufacturing, preservation, and trading establishments;

- Animal-origin feed (as required by importing countries)."

c) Amend and supplement Point d as follows:

"d) Egg incubation establishments; centralized slaughterhouses; isolation and quarantine establishments for animals and animal products; processing, preliminary processing, and manufacturing establishments for animals and animal products for trading purposes; storage warehouses for animal products; specialized animal trading markets, small-scale animal trading markets, animal collection establishments; animal and animal product trading establishments; disease diagnosis and testing laboratories; animal surgery establishments; animal-origin feed production establishments and other animal products not used for food (as required by importing countries)."

16. Amend Model 01, Model 02, and Model 06 in Appendix II; add Model 07 after Model 06 in Appendix II according to the form attached to this Circular.

17. Amend and supplement Section 2 of Appendix VI as follows:

a) Add the phrase "Contagious Bovine Pleuropneumonia (CBPP)" after the phrase "Foot-and-Mouth Disease (FMD)" in Point b.

b) Add Point i following Point h as follows:

"i) African Swine Fever (ASF)

Destroy all infected pork carcasses and organs and those contaminated during the slaughtering process.

Immediately slaughter remaining pigs (if test results are negative) in areas not yet contaminated within the slaughterhouse or at the nearest slaughterhouse; pork products can be consumed within the district.

Sanitize and disinfect the entire slaughterhouse before resuming operations."

Article 2. Replacing and abolishing certain phrases, points, and Appendices of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016, issued by the Minister of Agriculture and Rural Development regarding slaughter control and veterinary hygiene inspection.

1. Delete the phrase "protective clothing during work" in Clause 2; delete the word "clean" at Point c Clause 3 Article 5.

2. Replace the phrase "the diameter of the symbol is 14-15 mm" with the phrase "the diameter of the symbol is 10.5-13 mm" at Point c Clause 1 Article 28.

3. Replace the phrase "Use the Veterinary Hygiene Stamp on the body of meat or animal products packaged as follows:" with the phrase "The Veterinary Hygiene Stamp may only be used on the body of meat or animal products that are sealed packages, specifically as follows:" at Clause 1 Article 30.

4. Delete the phrase "domestic consumption" at Clause 6 Article 31.

5. Replace the phrase "Veterinary Zone II Authority" with the phrase "Veterinary Zone II Directorate" at Point b Clause 1 Article 35.

6. Abolish Point c Item 2 Appendix I.

7. Abolish Appendix VII.

Article 3. Transitional Provisions

1. The veterinary hygiene condition certificate issued before the effective date of this Circular shall continue to be valid until its expiration date as indicated on the certificate.

2. The veterinary hygiene stamps for slaughterhouses exporting animals, mixed units exporting and consuming domestically, which were printed before the effective date of this Circular, shall continue to be used until December 31, 2023.

3. The slaughter control stamp models not conforming to the provisions of this Circular shall continue to be used until December 31, 2023.

Article 4. Effective date

1. This Circular takes effect from October 30, 2022.

2. The Director of the Animal Health Department, 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 Veterinary Administration) for review, amendment, and supplementation.