Circular No. 15/2024/TT-BNNPTNT Amending and supplementing certain Articles of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016, issued by the Minister of Agriculture and Rural Development on the control of slaughtering and veterinary hygiene inspection.

CIRCULAR

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

Decision No. 01/2016/ND-CP of the Minister of Agriculture and Rural Development dated June 1, 2016

on slaughter control and veterinary hygiene inspection

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 Animal Health dated June 19, 2015;

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

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016 issued by the Minister of Agriculture and Rural Development on slaughter control and veterinary hygiene inspection.

Article 1. Amend and supplement amending certain provisions of Joint Resolutions, Circulars Circular No. 09/2016/TT-BNNPTNT dated June 1, 2016 issued by the Minister of Agriculture and Rural Development on slaughter control and veterinary hygiene inspection (amended and supplemented by Circular No. 10/2022/TT-BNNPTNTSeptember 14, 2022))

Article 1. Amend and supplement Article 36 as follows:

"Article 36. General provisions on the procedure for veterinary hygiene inspection

1. Basis for veterinary hygiene inspection

a) Relevant national technical standards and regulations;

b) Related legal normative documents.

2. For the facilities mentioned in point d, Section 2, Appendix I, the veterinary hygiene inspection shall be carried out according to the procedures and records specified in Article 37 of this Circular.

3. For export facilities, the veterinary hygiene inspection shall be conducted based on the requirements of the importing country or the consignor.

4. The initial and periodic veterinary hygiene inspections shall not be conducted for facilities holding one of the following valid certificates or equivalents: Food safety assurance facility; 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 safety; livestock farming conditions; feed production conditions.

5. Samples taken during the veterinary hygiene inspection must be analyzed by a laboratory with a registration certificate for testing activities in accordance with the relevant regulations, where the registered test must be appropriate to the veterinary hygiene inspection criteria."

Article 2. Amend and supplement Article 37 as follows:

“Article 37. Procedure and record for veterinary hygiene inspection

1. The specialized veterinary administration agency conducting the veterinary hygiene inspection, hereinafter referred to as the Inspection Agency

a) Department of Animal Health: Export facilities; mixed export and domestic consumption facilities; mixed export and import facilities;

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

Regional Animal Health Service Region I: Hanoi, Hoa Binh, Ha Nam, Nam Dinh, Ninh Binh, Phu Tho, Vinh Phuc, Son La, Yen Bai.

Regional Animal Health Service Region II: Hai Phong, Thai Binh, Tuyen Quang, Thai Nguyen, Bac Ninh, Hai Duong, Hung Yen.

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

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

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

Regional Animal Health Service Region 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 Region 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 Quang Ninh: Quang Ninh.

Regional Animal Quarantine Service Lang Son: Lang Son, Bac Giang, Bac Kan, Cao Bang.

Regional Animal Quarantine Service Lao Cai: Lao Cai, Dien Bien, Ha Giang, Lai Chau.

c) Provincial specialized veterinary administration agency: Facilities not falling under points a and b of this clause.

2. The Inspection Agencies mentioned in Clause 1 of this Article shall be responsible for forming inspection teams, sending letters requesting relevant agencies to assign members to join the inspection team (if necessary); the inspection team members must meet the following requirements:

a) Team leader: A leader at the department level or above of the Inspection Agency or a civil servant with at least five years of experience in state management of animal health, livestock health, or aquaculture;

b) Member: At least one member trained in veterinary hygiene assessment organized by the Department of Animal Health; at least one member with a bachelor's degree or higher in one of the fields of livestock breeding, animal health, or aquaculture;

c) Sample collector: Holding a certificate of participation in training or training on sampling procedures.

3. Content of inspection

Implement in accordance with point a and point b of Clause 3, Article 68 of the Law on Animal Health.

4. Inspection methods

a) Review documents and interview organizations and individuals related to the matter; inspect the site; take samples according to the regulations and prepare the Record Form 03 attached as Appendix II of this Circular;

b) Mark each criterion position with either [ ] indicating PASS or FAIL;

c) For criteria that do not meet the requirements, provide detailed explanations of the content and reasons;

d) Do not change the content, add or remove evaluation criteria;

e) Facilities are classified as "PASS" when at least 70% of the evaluated criteria are marked "Pass"; facilities are classified as "FAIL" when less than 70% of the evaluated criteria are marked "Pass";

f) Facilities classified as "FAIL", after rectification, submit a report on the results of rectification using Form 07d attached as Appendix II of this Circular to the inspection agency;

g) In cases where disaster prevention and disease control measures must be organized in accordance with the law: Apply online inspection methods for production facilities and business facilities. The inspection agency bases the inspection record on the online inspection results; production facilities and business facilities bear legal responsibility for the accuracy of the information, documents, images, and records provided to the inspection agency.

5. Frequency of inspection

a) Initial inspection for newly established facilities;

b) Periodic inspection

For centralized animal slaughter facilities: periodically every 36 months from the date of issuance of the Conclusion on the results of the most recent veterinary hygiene inspection that met requirements;

For all other facilities: periodically every 18 months from the date of issuance of the Conclusion on the results of the most recent veterinary hygiene inspection that met requirements;

c) Spot checks

Spot checks shall be conducted when the facility falls under any of the following circumstances: there are signs of non-compliance with veterinary hygiene requirements; there are complaints or recommendations from organizations or individuals; there are incidents related to veterinary hygiene; the inspected facility does not meet requirements and must rectify according to the requirements of the inspecting authority; there are warnings from importing countries;

d) For facilities producing and trading animal products for export: carried out in accordance with the requirements of the importing country or the consignor;

6. Procedures for implementation

a) Annually, the inspecting authority specified in Clause 1 of this Article bases on the list of facilities within its jurisdiction to develop an inspection plan; prepares a budget estimate for submission to the competent authority for approval; establishes an inspection team; notifies the inspected facilities of the plan, time, content, and method of inspection;

b) Conducting inspections

The inspection team organizes the inspection at the facility, collects information summarizing the description of the facility according to Model 02 Appendix II issued together with this Circular;

Conducts evaluation in accordance with Clause 3 and Clause 4 of this Article, records the full evaluation level for each criterion in the corresponding column of the Inspection Report according to Model at Appendix II issued together with this Circular, specifically as follows:

Model 07a: Veterinary Hygiene Inspection Report for centralized animal slaughter facilities; Model 07b: Veterinary Hygiene Inspection Report for facilities testing, diagnosing animal diseases; animal surgery facilities; Model 07c: Veterinary Hygiene Inspection Report for facilities producing animal origin feed ingredients and other animal products not used as food; facilities processing and preparing animals and animal products for trade; Model 07d: Veterinary Hygiene Inspection Report for facilities trading animal products;

c) Sampling: In cases where there are doubts about the inspection criteria not meeting veterinary hygiene requirements, samples must be taken and compared with the relevant National Technical Regulations to evaluate;

Organizations and individuals have the right to appeal in cases where they disagree with the initial test results and are permitted to take another sample or use the retained sample for retesting. In cases where the test results are erroneous, the cost of retesting is borne by the testing party;

d) Preparing the Inspection Report and issuing the Conclusion on the Results of Veterinary Hygiene Inspection

For facilities not requiring sampling: The Head of the Inspection Team sends the Inspection Report to the Head of the inspecting authority specified in Clause 1 of this Article; based on the Inspection Report, the Head of the inspecting authority issues the Conclusion on the Results of Veterinary Hygiene Inspection according to Model 07e stipulated in Appendix II issued together with this Circular. The sending of the Inspection Report and issuance of the Conclusion on the Results of Veterinary Hygiene Inspection shall be completed within three working days from the end of the inspection;

For facilities requiring sampling: The Head of the Inspection Team sends the Inspection Report to the Head of the inspecting authority specified in Clause 1 of this Article; based on the Inspection Report and the test results of the samples, the Head of the inspecting authority issues the Conclusion on the Results of Veterinary Hygiene Inspection according to Model 07e stipulated in Appendix II issued together with this Circular. The sending of the Inspection Report and issuance of the Conclusion on the Results of Veterinary Hygiene Inspection shall be completed within fifteen days from the end of the inspection.

For operating facilities, during the inspection process if violations of administrative regulations concerning veterinary hygiene are discovered, the inspection team shall prepare an Inspection Report and a Working Report; handle according to their authority or transfer to the competent authority for handling in accordance with the law;

đ) Periodic inspections shall be carried out in accordance with the procedures stipulated in points a, b, c, and d of this clause; initial inspections and spot checks shall be carried out in accordance with the procedures stipulated in points b, c, and d of this clause;

e) For facilities classified as "NOT MEETING REQUIREMENTS", must rectify: After receiving the rectification report from the facility, the inspection team reviews and evaluates the content of the rectification. If the rectification content meets requirements, the Head of the Inspection Team sends the Inspection Report (accompanied by the Facility's Rectification Report) to the Head of the inspecting authority specified in Clause 1 of this Article, the Head of the inspecting authority issues the Conclusion on the Results of Veterinary Hygiene Inspection according to Model 07e stipulated in Appendix II issued together with this Circular. The sending of the Inspection Report and issuance of the Conclusion on the Results of Veterinary Hygiene Inspection shall be completed within three working days from the date of receipt of the rectification report that meets requirements;

In cases where the rectification report does not meet requirements, the inspection team will visit the facility to inspect the rectification content. The procedure for inspecting the rectification content shall be carried out in accordance with the spot check procedure;

3. Supplement Clause 3 after Clause 2 of Article 43 as follows:

"3. Facilities specified in point d item 2 of Appendix I of this Circular, when operating, must ensure compliance with veterinary hygiene requirements, and be subject to inspection and supervision by the competent specialized veterinary administration authority to ensure compliance with veterinary hygiene requirements";

4. Amend and supplement point d of item 2 of Appendix I as follows:

"d) Centralized animal slaughter facilities; facilities processing and preparing animals and animal products for trade; facilities trading animal products; facilities testing and diagnosing animal diseases; animal surgery facilities; facilities producing animal origin feed ingredients and other animal products not used as food (as required by the importing country)";

Article 2. d.1. Amount of taxable income in Vietnam:hereby repealed detailed information in the system, number 09/2016/TT-BNNPTNT of Joint Resolutions, Circulars dated June 1, 2016 of the Minister of Agriculture and Rural Development on the control of slaughtering and veterinary hygiene inspection (amended and supplemented by Circular No. 10/2022/TT-BNNPTNTSeptember 14, 2022)) and Decision 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 Decision No. 35/2018/TT-BNNPTNT, Decision No. 09/2022/TT-BNNPTNT and Decision No. 04/2024/TT-BNNPTNT, hereinafter referred to as Decision No. 25/2016/TT-BNNPTNT)

1. Replace Model 03 "INSPECTION AND SAMPLE COLLECTION RECORD" in Appendix II with Model 03 "SAMPLE COLLECTION RECORD" attached to this Circular.

2. Replace Model 07 Inspection Record for Veterinary Sanitation Conditions in Appendix II with: Model 07a Inspection Record for Veterinary Sanitation Conditions for Concentrated Animal Slaughtering Facilities; Model 07b Inspection Record for Veterinary Sanitation Conditions for Diagnostic and Surgical Animal Facilities; Model 07c Inspection Record for Veterinary Sanitation Conditions for Animal Feed Material Production Facilities from Animal Sources and Other Non-Food Animal Products and Facilities for Initial Processing and Processing of Animals and Animal Products for Trade; Model 07d Inspection Record for Veterinary Sanitation Conditions for Animal Product Trading Facilities as set forth in the Appendix accompanying this Circular.

3. Replace the phrase "Only processing and manufacturing for export may be conducted at production facilities that have been issued a Veterinary Sanitation Condition Certificate and meet the requirements of the importing country" with the phrase "Only initial processing and manufacturing for export may be conducted at production facilities meeting veterinary sanitation conditions and satisfying the requirements of the importing country" in Clause 3, Article 11 of Circular No. 25/2016/TT-BNNPTNT.

4. Repeal Article 38.

5. Repeal Model 01 Application for Issuance/Renewal of Veterinary Sanitation Condition Certificate and Model 06 VETERINARY SANITATION CONDITION CERTIFICATE in Appendix II.

Article 3. Implementation Provisions

1. This Circular takes effect from January 6, 2025.

2. Transitional Provisions

a) For Veterinary Sanitation Condition Certificates issued before this Circular takes effect, within 60 days from the date this Circular takes effect, the inspection agency specified in Clause 1, Article 37 of this Circular shall issue a Conclusion on the satisfactory results of the veterinary sanitation inspection for the facility.

b) For applications for issuance of Veterinary Sanitation Condition Certificates submitted before this Circular takes effect, the inspection agency specified in Clause 1, Article 37 of this Circular shall issue a Conclusion on the results of the veterinary sanitation inspection after completing the veterinary sanitation inspection of the facility.

During implementation, if there are difficulties or obstacles, please report them to the Ministry of Agriculture and Rural Development (through the Department of Animal Health) for consideration and decision./.