Circular No. 12/2024/TT-BNNPTNT Amending and supplementing certain Articles of Circular No. 04/2016/TT-BNNPTNT dated May 10, 2016, issued by the Minister of Agriculture and Rural Development on prevention and control of aquatic animal diseases

CIRCULAR

Amending and supplementing some articles of Circular No. 04/2016/TT-BNNPTNT

dated May 10, 2016 of the Minister of Agriculture and Rural Development

concerning prevention and control of aquatic animal diseases

Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Fisheries Law dated November 21, 2017;

At the proposal of the Director of the Animal Health Department,

The Minister of Agriculture and Rural Development issues this Circular to amend and supplement some articles of Circular No. 04/2016/TT-BNNPTNT dated May 10, 2016 of the Minister of Agriculture and Rural Development concerning prevention and control of aquatic animal diseases.

Article 1. Amending and supplementing some articles of Circular No. 04/2016/TT-BNNPTNT dated May 10, 2016 of the Minister of Agriculture and Rural Development concerning prevention and control of aquatic animal diseases

1. Amending Clause 8 of Article 2 as follows:

“8Environmental monitoring unit for aquaculture: Is the unit assigned by the Ministry of Agriculture and Rural Development or the Provincial Department of Agriculture and Rural Development to perform environmental monitoring tasks for aquaculture, or an organization with a certificate of qualification to operate environmental monitoring services selected to provide such services according to the provisions of the law.”

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

“b) Veterinary officers at commune level when discovering or receiving information as prescribed in Point a of this clause: Report and act in accordance with the provisions of Clause 2, Article 19 of the Law on Animal Health;

“c) Specialized veterinary management agencies at district level upon receiving information as prescribed in Point a or Point b of this clause: Report and act in accordance with the provisions of Clause 3, Article 19 of the Law on Animal Health.”

3. Supplementing Point đ following Point d of Clause 2 of Article 5 as follows:

“đ) In case the epidemic shows unusual developments, spreads rapidly, and the area of affected farmed aquatic animals increases rapidly within a day, the specialized veterinary management agency at provincial level shall immediately report to the Provincial Department of Agriculture and Rural Development and the Animal Health Department after receiving the report as prescribed in Point b of this clause.”

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

“5. Reporting new diseases:

a) During the process of verifying the disease as prescribed in Point c of Clause 1 of this Article, if there is suspicion of a new disease, the specialized veterinary management agency at district level shall immediately report to the specialized veterinary management agency at provincial level to conduct an investigation of the epidemic source, take samples for testing, and implement immediate measures to prevent and control the disease;

b) The specialized veterinary management agency at provincial level has the responsibility to immediately report to the Provincial Department of Agriculture and Rural Development, the Regional Animal Health Service, and the Animal Health Department, and organize investigations and verifications of suspected new disease outbreaks, sending samples to laboratories under the Animal Health Department for testing to determine the causative agent and cause;

c) The Animal Health Department has the responsibility to guide localities in investigating suspected new disease outbreaks, diseases whose causes have not been determined, and measures to prevent and control the disease; in necessary cases, the Animal Health Department will organize testing, investigate the causative agents and causes of new diseases as prescribed in Clause 6, Article 27 of the Law on Animal Health and report to the Minister of Agriculture and Rural Development about the development of the epidemic situation.”

5. Amending and supplementing Point b and Point c of Clause 7 of Article 5 as follows:

“b) The Animal Health Department reports to the Minister of Agriculture and Rural Development the results of disease surveillance, forecasting, and preventive measures as prescribed and when required;

c) The reporting time for each round of disease surveillance results must be within three days from the date of obtaining the surveillance results.”

6. Amending and supplementing Clause 8 of Article 5 as follows:

“8. Reports from laboratories engaged in diagnosis and testing of aquatic animal diseases

a) When detecting or suspecting the presence of pathogens listed in the List of Notifiable Diseases, immediately report to the Regional Animal Health Service and the specialized veterinary management agency at provincial level where the aquatic animals are affected;

b) When detecting or suspecting the presence of newly emerging infectious pathogens or diseases whose causes have not been determined, immediately report to the Animal Health Department and the specialized veterinary management agency at provincial level for joint research, determination of the causative agents and causes of the disease as prescribed;

c) Monthly or urgently report to the Regional Animal Health Service and the specialized veterinary management agency at provincial level the results of testing of aquatic animal diseases as prescribed in Points a and b of this clause and other aquatic animal diseases.”

7. Supplementing Clause 9 following Clause 8 of Article 5 as follows:

“9. The forms of reporting diseases as prescribed in Points b, c, d, đ of Clause 1 and Clauses 2, 3, 4, 5, 7, and Clause 8 of this Article shall be conducted in writing or electronically.

Methods of submitting reports: data entry on the Vietnam Animal Health Information System (VAHIS) for aquatic animal diseases or via email, postal service, direct submission, or other appropriate methods.

The reporting forms as prescribed in Points b, c, d, đ of Clause 1 and Clauses 2, 3, 4, 5, 7, and Clause 8 of this Article shall follow the guidelines of the Animal Health Department.

For regular reporting, it shall be carried out in accordance with Circular No. 01/2020/TT-BNNPTNT dated January 16, 2020 of the Minister of Agriculture and Rural Development on the system of regular reporting within the scope of management of the Ministry of Agriculture and Rural Development.”

8. Amending and supplementing Clause 8 of Article 8 as follows:

“8. Implement technical measures to prevent and control certain dangerous diseases in aquatic animals as guided by the specialized veterinary management agency.”

9. Amending and supplementing Point b of Clause 1 of Article 9 as follows:

“b) The Fisheries Department guides the specialized fisheries management agencies at provincial level and related units to implement environmental monitoring and warning activities for aquaculture as prescribed in Clauses 3, 4, and 5 of this Article.”

10. Amending and supplementing Point c of Clause 2 of Article 9 as follows:

“c) The contents of the Environmental Monitoring and Warning Plan for Aquaculture include: objectives, implementation details, solutions and tasks, requirements and funding sources for implementation, organizational structure.”

11. Amending and supplementing Point c of Clause 3 of Article 9 as follows:

"c) Monitoring object: The water quality of concentrated aquaculture areas for aquatic animals in accordance with current regulations on aquaculture development in localities (including water supply quality and water quality at the breeding facility)."

12. Amend and supplement Clause 4 of Article 9 as follows:

a) Group I (common environmental parameters): pH, temperature, salinity/electrical conductivity, alkalinity, clarity, TSS (suspended solids);

b) Group II (organic and nutrient parameters): DO, BOD

, COD, TOC, N-NH₅, N-NO₄, P-PO₃, P-PO₂, SO₄, S₄^2-/H^2-S;₂c) Group III (microbial parameters): Coliform, E.coli,

Vibrio spp., Aeromonas spp. and other pathogens causing diseases in cultured aquatic animals; d) Group IV (phytoplankton): Algae, harmful algae, chlorophyll a;

đ) Group V (plant protection chemicals): Chlorinated organic group, organic phosphorus group, carbamate group, synthetic pyrethroid group, neonicotinoid group, avermectin group, herbicides and total radioactive a, b;

e) Group VI (heavy metals): Cu, Pb, Zn, Cd, As, Hg, Cr

, Cr³⁺, Ni, Mn, Al and total iron (Fe⁶⁺ts_{g) Other groups (organic pollutants): Surfactants, oil, grease, phenol, CN.});

Based on practical production, monitoring purposes, and needs at each stage, the Fisheries General Department shall guide the selection of environmental monitoring parameters as stipulated herein."

13. Amend and supplement Point c of Clause 5 of Article 9 as follows:

"c) Time to submit reports and bulletins announcing monitoring results to the Fisheries General Department and provincial specialized management agencies within the following timeframes:

For Group I and II parameters (excluding BOD

), not exceeding three days from the date of sample collection;₅For BOD

and Group III, IV, V, VI and other group parameters, not exceeding seven days from the date of sample collection."₅ 14. Supplement Point đ after Point d of Clause 7 of Article 9 as follows:

"đ) The forms of reports and bulletins on environmental monitoring as prescribed in Point c of Clause 5, Clause 6, and Points a, b, c, d of this clause shall be implemented according to the guidance of the Fisheries General Department."

15. Amend and supplement Point a and Point b of Clause 8 of Article 9 as follows:

"a) The Fisheries General Department, based on plans, programs, tasks assigned by the Ministry and the functions, duties, and authorities of the environmental monitoring units under the Ministry, shall advise the Ministry to assign units to perform environmental monitoring tasks for aquaculture or organize the selection of units to carry out such monitoring tasks in accordance with the law; take the lead and coordinate with relevant units to manage environmental monitoring activities for aquaculture nationwide; provide guidance and training to enhance monitoring capacity for localities; develop and guide the use of software for managing databases, sharing monitoring data among monitoring agencies, specialized fisheries management agencies, and veterinary agencies at central and local levels; unify with the specialized veterinary management agency regarding the scope and sampling locations for environmental monitoring;

b) Provincial specialized fisheries management agencies shall take the lead and coordinate with relevant units and units assigned or selected to carry out environmental monitoring for aquaculture to implement the approved environmental monitoring plan; provide guidance and inspect the application of monitoring results in practice; implement corrective measures; inform and announce monitoring results; update monitoring data into the database and report monitoring results to the Fisheries General Department and relevant units; based on plans, programs, and tasks assigned and the functions, duties, and authorities of the monitoring units, advise the Department of Agriculture and Rural Development to assign or select units to perform environmental monitoring tasks for aquaculture; unify with the specialized veterinary management agency regarding the scope and sampling locations for environmental monitoring;"

16. Supplement Point d after Point c of Clause 8 of Article 9 as follows:

"d) Units assigned or selected to perform environmental monitoring tasks for aquaculture shall take the lead and coordinate with related organizations and individuals to implement the approved environmental monitoring plan; recommend, guide, and implement corrective measures; inform and announce monitoring results; update monitoring data into the database and report monitoring results to the Fisheries General Department and relevant units."

17. Amend and supplement Clause 3 of Article 10 as follows:

"3. Processing monitoring results: Shall be carried out in accordance with Articles 15 and 19 of this Circular."

18. Amend and supplement Point b of Clause 4 of Article 10 as follows:

"b) Facilities participating in disease surveillance of aquatic animals in accordance with the Plan prescribed in Article 6 of this Circular shall implement quarantine inspections for the transportation of aquatic animal breeding stock in accordance with Clause 2 of Article 55 of the Law on Animal Health or be considered for the transportation of aquatic animals and aquatic animal products out of epidemic areas in accordance with the law on quarantine;"

19. Amend and supplement Point b of Clause 6 of Article 10 as follows:

"b) Organize sample collection, preservation, and submission to laboratories registered for testing activities (related to disease testing indicators) in accordance with the law and Clause 6 of Article 14 of this Circular;"

20. Amend and supplement Point đ of Clause 7 of Article 10 as follows:

"đ) Organize testing of surveillance samples or guide the County Specialized Veterinary Management Agency to submit samples to laboratories registered for testing activities in accordance with the law and Clause 6 of Article 14 of this Circular;"

21. Amend and supplement Clause 1, Clause 2, and add Clause 6 after Clause 5 of Article 14 as follows:

"1. The specialized veterinary management agency shall organize sample collection and testing to identify pathogens. Within one day from the end of sample collection, the samples must be sent to the laboratory as prescribed in this Clause.

2. Upon receiving the disease samples, the laboratory shall be responsible for collecting information about the samples, organizing tests, and providing test results to the submitting organization or individual within the following timeframes:

a) For viral and parasitic diseases, not exceeding two days;

b) For bacterial and fungal diseases, not exceeding four days;

c) Diagnosis and identification of causative agents, not exceeding seven days.

6. Testing samples to identify pathogens"

6. Testing samples to determine pathogens

a) In case of doubt or detection of a new infectious agent, the sample must be sent to a laboratory under the Animal Health Department for testing according to the procedures and guidelines of the Animal Health Department or the World Organization for Animal Health (WOAH) and the Asia-Pacific Aquatic Animal Health Cooperation Network (NACA).

b) When using the pathogen identification results to conclude an outbreak and declare an epidemic, and issue a Decision on destruction, the sample must be tested at a laboratory under the specialized animal health management agency that has been granted a registration certificate for operation (in the field of testing related to animal disease testing indicators) in accordance with Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services. The laboratory uses procedures and tests according to the approved method based on the guidance of the Animal Health Department or the WOAH/NACA guidelines.

c) When using test results to serve the disease surveillance program, forecast, and warn about epidemics by authorized agencies, the sample must be tested at a laboratory that has been granted a registration certificate for operation (in the field of testing related to animal disease testing indicators) in accordance with Decree No. 107/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for operating conformity assessment services and must use procedures and tests according to the approved method file.

22. Amend Clause 1 and supplement Clause 3 after Clause 2 of Article 15 as follows:

“1. Implement the provisions of Article 33 of the Law on Animal Health; apply technical measures to prevent and control aquatic animal diseases in accordance with the guidance of the Animal Health Department.

3. Based on the situation of aquatic animal diseases, the Animal Health Department issues guidance on technical measures to prevent and control diseases for some dangerous diseases in aquatic animals.”

23. Amend and supplement Point a and Point b of Clause 2 of Article 16 as follows:

“a) Advise the People's Committee of the district to guide the People's Committee of the commune, veterinary officers of the commune, and owners of aquaculture facilities to harvest aquatic animals, supervise the harvesting process, and apply preventive and control measures against animal diseases as stipulated in Clauses 1, 2, and 4 of Article 33 of the Law on Animal Health, ensuring that the spread of diseases is prevented;

b) Advise the People's Committee of the district to direct and guide owners of aquaculture facilities, buyers, sellers, and transporters of aquatic animals to implement veterinary hygiene measures to prevent the spread of animal diseases as stipulated in Clause 5 of Article 33 of the Law on Animal Health;"

24. Amend and supplement Point b of Clause 2 of Article 17 as follows:

"b) Implement the provisions of Clause 4 of Article 32 of this Circular;"

25. Amend and supplement Clause 1 and Clause 3 of Article 18 as follows:

“1. Procedures for destruction:

a) Based on the test results identifying pathogens from the laboratories specified in Point a or Point b of Clause 6 of Article 14 of this Circular or documents from the specialized animal health management agency concluding that animals are infected with disease, showing signs of infectious disease, or a new infectious agent as prescribed by law, the specialized animal health management agency of the district informs the People's Committee of the commune to organize the destruction of diseased aquatic animals; report to the specialized animal health management agency of the province for monitoring and professional support;

b) The People's Committee of the commune organizes the destruction of diseased aquatic animals in accordance with laws on animal health and other relevant laws;

c) Within 24 hours from issuing the destruction decision, the destruction team is responsible for implementing quarantine of the disease source, organizing destruction, and recording the destruction process in accordance with current regulations.

3. Costs for destroying diseased aquatic animals and handling the disease source shall be implemented in accordance with current regulations of the State Budget Law and other relevant laws.”

26. Amend and supplement Article 20 as follows:

“Article 20. Declaration of Epidemic and Organizing Control of Aquatic Animal Diseases

The declaration of an epidemic shall be carried out in accordance with Article 34 of the Law on Animal Health, and the organization of controlling aquatic animal diseases in epidemic areas shall be carried out in accordance with Article 35 of the Law on Animal Health.”

27. Amend and supplement Article 23 as follows:

“Article 23. Announcement of the End of Aquatic Animal Disease Epidemics

The announcement of the end of aquatic animal disease epidemics shall be carried out in accordance with Article 36 of the Law on Animal Health.”

28. Amend Clause 6 and supplement Clause 9 after Clause 8 of Article 24 as follows:

“6. Provide and share information on aquatic animal diseases with the Fisheries Department.

9. In cases where there is an epidemic of diseases listed in the Catalogue of Aquatic Animal Diseases that require declaration of an epidemic or new diseases for which there is no available veterinary medicine in the country to prevent and control the epidemic, the Animal Health Department shall submit to the Minister of Agriculture and Rural Development for a decision to use veterinary medicines not yet circulating in Vietnam to urgently prevent and control the epidemic in accordance with Point c, Clause 6 of Article 15 of the Law on Animal Health.”

29. Amend and supplement Clause 4 of Article 32 as follows:

“4. Only use veterinary medicines listed in the Catalogue of Veterinary Medicines permitted for circulation in Vietnam or have a veterinary medicine circulation permit, or in accordance with Clause 9 of Article 24 of this Circular; products for treating the environment in aquaculture in the Catalogue of chemicals, biological preparations, microorganisms, and raw materials for producing feed allowed for use in aquaculture in Vietnam. Use the correct dosage of the medicine according to the manufacturer's instructions or the specialized animal health department; record the use of these products.”

Article 2. Replacing, abolishing certain phrases, points, and Appendices of Circular No. 04/2016/TT-BNNPTNT dated May 10, 2016 of the Minister of Agriculture and Rural Development on prevention and control of aquatic animal diseases.

1. Replace the phrase "General Department of Fisheries" with the phrase "Fisheries Administration" at Clause 7, Clause 8 Article 2; Clause 4 Article 4; Point b Clause 1 Article 9; Point a Clause 2 Article 9; Clause 4, Clause 6, Clause 7 Article 9; Point a Clause 5 Article 11; Clause 6 Article 24; Article 25; Clause 7 Article 29.

2. Replace the phrase "Specialized veterinary agency for aquatic animals" with the phrase "Specialized veterinary agency" at Point a Clause 4 Article 5 and Point c Clause 4 Article 10.

3. Replace the phrase "Provincial Animal Health Service" with the phrase "Provincial specialized aquatic animal management agency" at Points c, d Clause 1 Article 5, Points a, b, c Clause 2 Article 5; Clause 3 Article 5; Point b Clause 4 Article 5; Clause 5 Article 5; Point a Clause 7 Article 5; Article 6; Point b Clause 2 Article 9; Points c, d Clause 7 Article 9; Point b Clause 3 Article 10; Points b, d Clause 6 Article 10; Clause 7 Article 10; Point b Clause 5 Article 11; Clause 2 Article 12; Points c, d, đ Clause 3 Article 13; Clause 1 Article 14; Point c Clause 2 Article 16; Point a Clause 3 Article 17; Point b Clause 4 Article 17; Clause 5 Article 17; Point a Clause 1 Article 18; Article 21; Clause 5 Article 24; Article 28; Clauses 6, 7 Article 29; Article 30; Clauses 1, 2 and 5 Article 32.

4. Replace the phrase "Provincial Fisheries Service" with the phrase "Provincial specialized fisheries management agency" at Clause 7 Article 2; Point b Clause 1 Article 9; Point b Clause 2 Article 9; Point c Clause 5 Article 9; Clause 6 Article 9; Points a, c Clause 7 Article 9; Point d Clause 7 Article 10; Point b Clause 5 Article 11; Point b Clause 5 Article 17; Clause 2 Article 25; Clauses 7, 8 Article 28; Article 29; Clauses 2, 5 Article 32.

5. Replace the phrase "Animal Health Station" with the phrase "District specialized aquatic animal management agency" at Points b, c Clause 1 Article 5; Points a, b Clause 2 Article 5; Title, Point b Clause 6 Article 10; Points c, e Clause 7 Article 10; Clause 2 Article 12; Point b Clause 3 Article 13; Points a Clause 1, Clause 2 Article 16; Clause 4 Article 17; Clause 5 Article 24; Clauses 3, 4, 6 Article 28.

6. Replace the phrase "Regional Animal Health Office" with the phrase "Regional Animal Health Service" at Points d, đ Clause 1 Article 5; Point c Clause 2 Article 5; Clause 3 Article 5; Point b Clause 4 Article 5; Point a Clause 7 Article 5; Clause 8, Point g Clause 7 Article 10; Clause 10 Article 6; Points c, d Clause 3 Article 13; Clause 7 Article 29.

7. Replace the phrases "designated testing laboratory", "recognized testing laboratory", and "testing laboratory of the service" with the phrase "testing laboratory" at Point b Clause 6, Point đ Clause 7 Article 10; Clauses 1, 2 Article 14.

8. Add the phrase "environmental monitoring of aquaculture" after the phrase "cultured aquatic animals" at Clause 1 Article 1 of this Circular.

9. Add the phrase "environmental monitoring of aquaculture" after the phrase "aquatic animals" at Clause 2 Article 1 of this Circular.

10. Add the phrase "by one of the following methods: telephone, face-to-face meeting, sending written documents or email" after the phrase "nearest location" at Point a Clause 1 Article 5 of this Circular.

11. Abolish Point h Clause 1 Article 5 of this Circular.

12. Add the phrase "infectious" after the phrase "showing signs of disease" at Point g Clause 1 Article 5 of this Circular.

13. Add the phrase "Directives" before the phrase "guidance, inspection, and supervision..." at Clause 2 Article 28 of this Circular.

14. Abolish Column:Some cultured aquatic animals infected with diseaseat Appendix I.

15. Abolish Clause 6 Article 5, Point b Clause 3 Article 10 and Appendices II, III, IV, and V.

16. Replace the phrase:Step 2: Scoop all dead aquatic animals out of the pond immediately upon discovery using a specialized net and place them in a metal or plastic container with a sealed bottom and lid. Transport the dead aquatic animals to the disposal pit." with the phrase:Step 2: Scoop all dead aquatic animals out of the pond/tank immediately upon discovery using a specialized net and place them in a metal or plastic container with a sealed bottom and lid and transport the dead aquatic animals to the disposal pit. In cases where sick or diseased aquatic animals cannot be scooped up, they should be destroyed in the pond/tank using chemicals listed in the Catalogue of Veterinary Drugs Permitted for Circulation in Vietnam according to the manufacturer's instructions or guidance from the veterinary authority."

Article 3. Effectiveness

1. This Circular takes effect from December 12, 2024.

2. Transitional provisions: For programs, plans, projects, and proposals on prevention and control of aquatic animal diseases, environmental monitoring, and warning systems in aquaculture that have been approved by competent authorities prior to the effective date of this Circular, continue to implement according to the approved programs, plans, projects, and proposals.

3. The Director of the Veterinary Administration, the Director of the Fisheries Administration, heads of units, organizations, and individuals related to this matter 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.