Decree No. 119/2008/ND-CP Amending and Supplementing Certain Articles of Decree No. 33/2005/ND-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Animal Health Ordinance

DECREE

Amending and supplementing certain Articles of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Animal Health as follows: medicine

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THE GOVERNMENT

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

Pursuant to the Veterinary Law dated April 29, 2004;

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

DECREE:

Article 1. Amending and supplementing certain Articles of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Animal Health as follows:

"Article 30. Declaration for animal quarantine and terrestrial animal products quarantine

1. When transporting or circulating within the country animals or terrestrial animal products listed in the Catalogue of Animals and Terrestrial Animal Products Subject to Quarantine, the consignor must declare and submit the quarantine dossier according to the prescribed form to the provincial specialized state management agency on animal health. The declaration for quarantine shall be regulated as follows:

a. Declare at least two days before transportation if the animals have been subject to compulsory disease prevention measures as prescribed and still have immunity; at least fifteen to thirty days if the animals have not been subject to compulsory disease prevention measures as prescribed or do not have immunity;

b. Declare at least two days before transportation if the terrestrial animal products have been tested for veterinary hygiene indicators or sent via postal service; seven days if the terrestrial animal products have not been tested for veterinary hygiene indicators.

Within one working day from the date of receipt of a valid dossier, the dossier receiving agency shall be responsible for confirming the quarantine registration and notifying the location and time of quarantine. Within one working day from the date when the animals or terrestrial animal products are gathered at the designated location, the animal quarantine agency shall conduct the quarantine.

2. When importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals or terrestrial animal products listed in the Catalogue of Animals and Terrestrial Animal Products Subject to Quarantine or exotic animals or terrestrial animal products not yet present in Vietnam, the consignor must submit the quarantine registration dossier according to the prescribed form to the Animal Health Department.

Within five working days from the date of receipt of a valid dossier, the Animal Health Department shall be responsible for informing the consignor about the animal quarantine agency that will carry out the quarantine, and simultaneously sending this information to relevant quarantine agencies for coordination in carrying out the quarantine.

3. When exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals or terrestrial animal products, the consignor must declare to the animal quarantine agency designated by the Animal Health Department to carry out the quarantine. The declaration for quarantine shall be as follows:

a. Export declaration before shipment: as stipulated in points a and b, Clause 1 of this Article;

b. Import declaration: at least eight days before the goods arrive at the customs checkpoint; two days before the goods arrive at the post office.

c. Declaration for temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, or transit through Vietnam's territory: at least four days before the goods arrive at the customs checkpoint.

Within one working day from the date of receipt of the consignor's declaration, the animal quarantine agency designated by the Animal Health Department shall be responsible for informing the consignor about the location and time of quarantine, the import customs checkpoint, the export customs checkpoint, and other related regulations for cases involving transit through Vietnam's territory of animals or terrestrial animal products."

2. Article 31 is amended and supplemented as follows:

"Article 31. Declaration for aquatic animal quarantine and amphibian quarantine

1. When transporting or circulating within the country animals or aquatic animal products listed in the Catalogue of Animals and Aquatic Animal Products Subject to Quarantine, the consignor must declare and submit the quarantine dossier according to the prescribed form to the provincial specialized state management agency on animal health. The declaration for quarantine shall be regulated as follows:

a. For parent aquatic animals and seedlings, declare at least three days before transportation or before shipment;

b. For commercial aquatic animals and aquatic animal products, declare at least two days before transportation or before shipment.

Within one working day from the date of receipt of a valid dossier, the dossier receiving agency shall be responsible for confirming the quarantine registration and immediately notifying the location and time of quarantine. Within one working day from the date when the animals or aquatic animal products are gathered at the designated location, the animal quarantine agency shall conduct the quarantine.

2. When importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals or aquatic animal products listed in the Catalogue of Animals and Aquatic Animal Products Subject to Quarantine or exotic animals or aquatic animal products not yet present in Vietnam, the consignor must submit the quarantine registration dossier according to the prescribed form to the Animal Health Department or the Department of Quality Management of Forestry, Agriculture, and Aquaculture Products.

Within five working days from the date of receipt of a valid dossier, the Animal Health Department or the Department of Quality Management of Forestry, Agriculture, and Aquaculture Products shall be responsible for informing the consignor about the animal quarantine agency that will carry out the quarantine, and simultaneously sending this information to relevant quarantine agencies for coordination in carrying out the quarantine.

3. When exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals or aquatic animal products, the consignor must declare to the animal quarantine agency designated by the Animal Health Department or the Department of Quality Management of Forestry, Agriculture, and Aquaculture Products to carry out the quarantine. The declaration for quarantine shall be as follows:

a. Export declaration before shipment: at least ten days for animals; five days for aquatic animal products;

b. Import declaration before the goods arrive at the customs checkpoint: at least eight days for animals; four days for aquatic animal products;

c. Declaration for temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, or transit through Vietnam's territory: at least four days before the goods arrive at the customs checkpoint;

Within one working day from the time of receiving the declaration from the consignor, the animal quarantine agency designated by the Department of Animal Health or the Department of Quality Management of Forestry, Agriculture and Fisheries Products shall notify the consignor of the location, time for conducting quarantine, the import and export checkpoints, and other relevant regulations concerning the transit of animals and animal products through the territory of Vietnam.

3. Clause 2 and Clause 4 of Article 57 are amended and supplemented as follows:

"2. Organizations and individuals registering for circulation of veterinary drugs, biological products, microorganisms, and chemicals used in veterinary purposes must submit registration files to the Department of Animal Health; for biological products, microorganisms, chemicals, and environmental treatment substances used in aquaculture, they must submit registration files to the Department of Aquaculture in accordance with Point b, Clause 1, Article 40 of the Veterinary Law.

In cases where the drug does not require testing or trial, one set of registration file shall be submitted; in cases where the drug requires testing or trial, two sets of registration files shall be submitted.

For import cases, there must be one set of registration file in Vietnamese and an import registration form accompanied by a product circulation permit, a certificate of the manufacturer meeting GMP standards or ISO certification, and a quality analysis report issued by the competent authority of the producing country.

4. Within forty days from the date of receipt of valid files, the Department of Animal Health and the Department of Aquaculture shall be responsible for reviewing the files and establishing a specialized scientific council to examine the files, and recommending the Minister of Agriculture and Rural Development to recognize and quarterly update the list of veterinary drugs, biological products, microorganisms, and chemicals permitted for circulation in Vietnam.

4. Clause 2 of Article 58 is amended and supplemented as follows:

"2. Within forty days from the date of receipt of valid files, the agency receiving the files shall be responsible for reviewing the files and providing the results.

Article 2. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 3. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related organizations and individuals shall be responsible for implementing this Decree./.