Circular No. 2597/CLTY-TY Temporary Guidelines for Aquatic Animal Health Inspection Work

INTERIM GUIDELINES FOR THE IMPLEMENTATION OF AQUATIC ANIMAL INSPECTION WORK

 1.Legal bases currently in force for implementing inspection work:

-Animal Health Ordinance 2004

-Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government, detailing certain provisions of the Animal Health Ordinance

-Joint Circular No. 01/2005/TTLT-BTS-BNV dated February 3, 2005 of the Ministry of Fisheries - Ministry of Home Affairs on guiding functions, tasks, powers, and organizational structure of specialized agencies assisting provincial people's committees in managing fisheries at local levels

-Joint Circular No. 17/2003/TTLT-BTC-BNNPTNT-BTS dated March 14, 2003 on guiding the inspection and supervision of goods subject to animal quarantine, plant quarantine, and aquatic animal quarantine for import and export

-Decision No. 07/2003/QĐ-BTS dated August 5, 2003 of the Minister of Fisheries on the functions, tasks, powers, and organizational structure of the Bureau of Quality Control, Food Safety, and Aquatic Animal Health

-Industry standard for fisheries No. 28 TCN 7845:2004.

-Section 3 of industry standard for fisheries No. 28 TCN 101: 1997.

2.Subjects required to undergo quarantine:

2.1.Aquatic animals and aquatic products transported and circulated domestically must be quarantined once at the place of origin (place of aquaculture, storage of aquatic animals and products before transportation) in the following cases:

a.Raw materials of aquatic animals when removed from the aquaculture area if there is a notification from the Fisheries Department or the Department of Agriculture and Rural Development managing fisheries about a disease outbreak with potential to spread in that aquaculture area.

b.Aquatic animals intended for breeding before being removed from the breeding production facility.

2.2.Aquatic animals and aquatic products imported, temporarily imported for re-export, temporarily exported for re-import, transiting, transferring customs checkpoints, or transiting through Vietnam’s territory must be quarantined in the following cases:

a.Live aquatic animals,

b.Fresh aquatic products, frozen products, chilled products (iced, refrigerated), dried and rehydrated products.

2.3.Aquatic animals and aquatic products for export must be quarantined in the following cases:

a.Where the importing market or international agreements require quarantine;

b.At the request of the consignor.

2.4.Institutions responsible for implementing aquatic animal quarantine work:

a.For domestic circulation quarantine: The unit assigned to manage aquatic animal health in the province where the consignment originates shall carry out the quarantine work. In areas without such units, the consignor shall register for quarantine with the Regional Centers for Quality, Food Safety, and Aquatic Animal Health overseeing the relevant region.

b.For import and export quarantine: The Bureau of Quality Control, Food Safety, and Aquatic Animal Health, regional centers for quality, food safety, and aquatic animal health, and local quality control and aquatic animal health management agencies at border gates authorized by the Bureau - Annex 1 attached.

3.List of diseases requiring quarantine: Annex 2 attached.

4.Sampling and testing methods:

Sampling and testing for diseases shall be carried out according to Section 3 of the industry standard for fisheries No. 28 TCN 101: 1997. For viral disease testing in shrimp (white spot syndrome), it shall be conducted according to industry standard for fisheries No. 28 TCN 7845:2004.

5.Definitions: In this document, the following terms are understood as follows:

5.1.Suspected diseased aquatic animals: Aquatic animals showing symptoms or lesions indicative of a disease but not yet clearly identified, or aquatic animals in a disease-affected area exhibiting abnormal behavior or loss of appetite.

5.2.Infected aquatic animals: Aquatic animals confirmed to be infected with a disease and displaying typical symptoms or lesions, or those where the causative agent has been identified.

5.3.Pathogen: Factors causing disease or harm to human health, animals, including microorganisms, parasites, eggs, and larvae of parasites; harmful animals affecting humans, animals, the environment, and ecosystems.

5.4.Raw materials of aquatic animals: Aquatic animals harvested alive or preserved for use as raw material for food processing or other purposes.

6.Quarantine procedures:

6.1.Domestic circulation quarantine:

6.1.1.Quarantine declaration form: According to the model specified in Annex 3.

6.1.2.Time for declaring quarantine: As stipulated in Clause 1 of Article 31.

6.1.3.Quarantine procedures: As provided in Clause 2 of Article 32 and Article 33 of Decree No. 33/2005/NĐ-CP.

6.1.4.To implement the above regulations, the Bureau provides detailed guidance on the following points:

6.1.4.1.For breeding aquatic animals:

a.Pursuant to Clause 3 of Article 29 of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government, breeding aquatic animals when removed from the breeding facility must be quarantined to prevent the spread of pathogens from the breeding farm to the aquaculture area. Therefore, regardless of scale, breeding produced at the farm and removed from the farm (including within the district or commune) must declare quarantine.

b.Quarantine at the place of origin (aquaculture or storage location before transportation). If, at the time of inspection, the aquatic animals are healthy, the production monitoring records meet requirements, the quarantine authority may issue a quarantine certificate for the consignment.

In case of suspected diseased aquatic animals, the quarantine authority will take samples for testing (concentrating on suspected diseased aquatic animals and testing suspected pathogens). If no pathogen is detected, the quarantine authority issues a quarantine certificate for the consignment. If a pathogen is detected, the quarantine authority does not issue a quarantine certificate for the consignment, and requires and supervises the consignor to apply appropriate measures to prevent the spread of the disease.

The quarantine authority at the receiving location conducts a check on the quarantine certificate issued at the place of origin, simultaneously checking the health status of the aquatic animals, sanitary conditions of the transport vehicle, and related equipment during transportation. If all requirements are met, the quarantine authority confirms the quarantine certificate and allows the consignment to be transported to the receiving location.

In the case where the consignment does not have a health inspection certificate or the health inspection certificate does not match the details of the consignment (quantity, type, size); if aquatic products are found to be diseased, or the transportation means and other related items during the transportation of aquatic products do not meet veterinary hygiene standards, the inspector must immediately halt the transportation and, depending on the severity, may require quarantine inspection for monitoring or destruction of the consignment.

6.1.4.2. For raw materials of aquatic products:

a. Health inspection at the place of origin (place receiving and storing raw materials of aquatic products harvested from areas with notifications from the Fisheries Department, the Department of Agriculture and Rural Development managing fisheries about diseases that could spread into epidemics occurring in those farming areas, before transportation). If, at the time of inspection, the raw materials of aquatic products do not show signs of deterioration due to diseased aquatic products, the health inspection agency issues a health inspection certificate for the consignment.

b. In the case where the raw materials of aquatic products show signs of deterioration due to diseased aquatic products, the health inspection agency takes samples for testing the causative agents of disease (concentrating on sampling from suspected diseased aquatic products and testing the causative agents already suspected). If no causative agent of disease is detected, the health inspection agency issues a health inspection certificate for the consignment. If a causative agent of disease is detected, the health inspection agency does not issue a health inspection certificate for the consignment and requires and supervises the consignor to apply appropriate measures for each type of disease to prevent the spread of disease.

c. The local health inspection agency at the place receiving the consignment conducts a check on the health inspection certificate (issued from the place of origin) while also inspecting the raw materials of aquatic products. If the health inspection certificate matches the consignment and the current condition of the consignment meets veterinary hygiene standards, it confirms on the health inspection certificate and allows the consignment to be transported to the receiving place.

In the case where there is no health inspection certificate or the health inspection certificate does not match the details of the consignment (quantity, type, size, packaging); or if raw materials of aquatic products show signs of deterioration due to diseased aquatic products, or the transportation means and other related items during the transportation of raw materials of aquatic products do not meet veterinary hygiene standards, the inspector requires and supervises the consignor to apply appropriate measures for each type of disease to prevent the spread of disease.

6.2. Import health inspection:

6.2.1. Declaration documents for health inspection:

a. Health registration form according to the model in Appendix 1 of Circular No. 17/2003/TTLT-BTC-BNNPTNT-BTS dated March 14, 2003.

b. A copy of the health inspection certificate for the consignment issued by the competent authority of the exporting country with content complying with Vietnamese regulations and the International Organization for Animal Health - Appendix 4.

6.2.2. Time of declaration: according to Clause 3 of Article 31 of Decree No. 33/2006/NĐ-CP.

6.2.3. Procedures and formalities for health inspection: according to Articles 33 and 35 of Decree No. 33/2005/NĐ-CP.

6.2.4. To implement the above provisions, the General Department provides detailed guidance on some points below:

6.2.4.1. While waiting for the issuance of the Aquatic Product Inspection Regulations, Clause 2 of Article 31 regarding registration for health inspection with the Quality Management, Food Safety and Veterinary Service Department will not be applied.

6.2.4.2. Regarding the time of declaration for health inspection, it must comply with the provisions of Clause 3 of Article 31 of Decree No. 33/2005/NĐ-CP. To facilitate enterprises in completing import procedures, authorized units may accept enterprises to declare the expected quantity of goods to be imported. In specific cases, permission may be granted for enterprises to declare later, but it must ensure sufficient time for the health inspection agency to arrange and implement tasks in accordance with regulations.

Before confirming on the Health Inspection Declaration Form, the health inspection agency must inspect the imported product. If the imported product is a species of aquatic product listed in the permitted import list or has been approved for import by the General Department, the health inspection agency confirms on the health inspection declaration form. If the aquatic product is not listed or has not been approved for import by the General Department, the health inspection agency does not confirm on the health inspection declaration form and informs the consignor of the reason.

6.2.4.3. For live aquatic products:

a. At the border gate, the health inspector checks the health inspection documents, the health status of aquatic products, and the veterinary hygiene conditions of the transportation means and related items during transportation.

If the health inspection certificate from the competent authority of the exporting country (original) is valid and matches the details of the consignment (quantity, type, size, packaging); the inspection results confirm that no causative agents of diseases listed for inspection of imported aquatic products and aquatic product products were found; actual observation shows healthy aquatic products; the transportation means and other related items during transportation meet veterinary hygiene requirements, the inspector signs confirmation on the External Inspection Form for Aquatic Products/Product (according to the model specified in Appendix 5). Each External Inspection Form is made in three copies (one copy kept in the file, one copy sent to the quarantine inspection supervision agency - sent with the consignment and one copy given to the customer). Note that this form only serves to confirm that the aquatic products have passed external inspection without showing signs of disease; meeting veterinary hygiene standards to be moved to the quarantine area, this form does not replace the Health Inspection Certificate.

In the case where there is no health inspection certificate; the health inspection certificate does not meet the OIE and Vietnamese regulations or does not match the details of the consignment, the border health inspection agency has the responsibility to notify the competent authority of the exporting country and the consignor to recheck and amend the documents. The health inspection agency allows the consignor to store the consignment at a quarantine facility for a reasonable period to complete the procedures. After the quarantine period, if the consignor does not complete the procedures, the consignment will be destroyed.

In the case where it is determined that the aquatic products are diseased, they will be destroyed or returned to the exporting country if returning to the exporting country does not involve transiting through a third country.

b. Immediately after delivering aquatic products to the quarantine isolation site, the consignor is responsible for transferring the Aquatic Product External Inspection Form / Aquatic Product Inspection Form to the quarantine isolation supervision agency.

After the quarantine period, if the aquatic products are healthy, the quarantine isolation supervision agency will issue the Quarantine Isolation Supervision Report (as specified in Appendix 6) for the batch of goods to serve as the basis for the quarantine agency to issue a Health Certificate for the batch of goods. If there is suspicion that the aquatic products are diseased, the quarantine isolation supervision agency will take samples from the suspected diseased individuals for centralized testing. If disease-causing agents are detected, the quarantine isolation supervision agency will apply appropriate measures or compel the consignor to destroy the batch of goods, notify the quarantine agency, and report to the Quality Control, Safety, and Veterinary Service Bureau.

c. Regarding the quarantine period: currently, there is insufficient research on the incubation periods of various diseases in different quarantine subjects. For now, a 14-day quarantine period is applied for shrimp and a 7-day period for fish at locations ensuring isolated quarantine conditions.

6.2.4.4. For aquatic product processing:

a. At the border gate, quarantine officers check the quarantine documentation, veterinary hygiene conditions of the aquatic products, transportation vehicles, and related equipment during transportation.

If the original health certificate issued by the competent authority of the exporting country is valid and matches the details of the batch (quantity, type, size, packaging); the product does not show signs of deterioration due to diseased aquatic animals; transportation vehicles and other equipment involved in the transportation process meet veterinary hygiene standards, the inspector confirms this on the Aquatic Product External Inspection Form / Aquatic Product Inspection Form (as specified in Appendix 5); each form is made in two copies (one copy kept in the file, and one given to the customer). Based on the external inspection form, the quarantine agency issues a health certificate for the batch of goods.

In cases where there is no health certificate; the health certificate does not comply with OIE and Vietnam's regulations or does not match the batch details, the border quarantine agency is responsible for informing the competent authority of the exporting country and the consignor to recheck and amend the documentation. The quarantine agency allows the consignor to store the batch of goods at an isolation facility for a reasonable time to complete the procedures. After the isolation period, if the consignor fails to complete the procedures, the batch will be destroyed.

In cases where aquatic products show signs of deterioration due to diseased aquatic animals, the quarantine officer requires the consignor to return them to the isolation site for sampling and testing of disease-causing agents (concentrated sampling of deteriorated products and testing of suspected disease-causing agents). The isolation period shall not exceed 10 days. If no disease-causing agents are found, the quarantine agency will issue a health certificate for the batch of goods. If disease-causing agents are found, the quarantine agency will not issue a health certificate for the batch of goods and require and supervise the consignor to apply appropriate measures to prevent the spread of the disease.

6.2.4.5. Requirements for units authorized by the Bureau to conduct import aquatic product quarantine and local quality control and veterinary agencies overseeing quarantine isolation supervision to strictly implement the above regulations.

6.3. Quarantine of personal carried aquatic products:

6.3.1. Declaration: The consignor must declare on the entry-exit declaration form.

6.3.2. For import quarantine: the quarantine procedure follows Clause 2 of Article 35 of Decree No. 33/2005/NĐ-CP. To implement the above regulations, the Bureau provides detailed guidance on some points as follows:

a. If the original health certificate issued by the competent authority of the exporting country matches the declaration on the entry-exit declaration form and complies with OIE and Vietnam's regulations; the aquatic products are healthy, and the aquatic products meet veterinary hygiene standards, the quarantine agency will issue an import health certificate.

b. If there is no health certificate issued by the competent authority of the exporting country; the health certificate does not comply with OIE and Vietnam's regulations or does not match the batch details, the quarantine agency allows the consignor to store the batch of goods at an isolation facility for a reasonable time to complete the procedures. During the isolation period, the batch cannot be distributed. After the isolation period, if the consignor fails to complete the procedures, the batch will be destroyed.

c. In cases where diseased aquatic products are found, or aquatic products show signs of deterioration due to diseased aquatic animals, they will be destroyed or returned to the exporting country.

6.3.3. For export quarantine:

a. Declaration: The consignor must declare on the entry-exit declaration form.

b. Procedure and formalities for quarantine: Follow the requirements of the importing country. Based on the inspection results, the following actions will be taken:

-If the aquatic products are healthy, and the aquatic products meet veterinary hygiene standards, the quarantine agency will issue a health certificate for the batch of goods.

-If the aquatic products are diseased, and the aquatic products show signs of deterioration due to diseased aquatic animals, the quarantine agency will not issue a health certificate for the batch of goods.

-For live aquatic products: if there is suspicion of disease, the quarantine agency will require the consignor to return them to the isolation site and monitor the quarantine. After the isolation period, if the aquatic products are healthy, the quarantine agency will issue a health certificate for the batch of goods. If the aquatic products are diseased, the quarantine agency will require the consignor to take appropriate measures for each type of disease or destroy them to prevent the spread of the disease.

6.4. Export quarantine:

6.4.1 Declaration documents:

a. The quarantine registration form according to Appendix 1 of Circular 17/2003/TTLT-BTC-BNNPTNT-BTS dated March 14, 2003.

b. Purchase and sale contracts or customer requests (clearly stating requirements, quarantine indicators, sample inspection certificates - if applicable).

6.4.2 Time of declaration: as stipulated in Clause 3 of Article 31 of Decree No. 33/2005/NĐ-CP.

6.4.3 Procedure and formalities for quarantine implementation follow the provisions of Article 34 of Decree No. 33/2005/NĐ-CP.

6.4.4 To implement the above regulations, the Bureau provides detailed guidance on some points as follows:

a.Clause 1, Article 34 of Decree No. 33/2005/NĐ-CP stipulates that at the request of the consignor or the importing country, the quarantine authority shall carry out quarantine at the place of origin (where aquatic animals or aquatic products are raised or kept before transportation). If, at the time of inspection, the consignment meets the requirements of the importing country, the quarantine authority shall issue a quarantine certificate for the consignment.

-In cases where aquatic animals are suspected to be diseased or aquatic products show signs of deterioration due to disease, the quarantine authority, based on the requirements of the importing country, will take samples for testing (concentrating on sampling from the suspected diseased aquatic animals and testing the suspected causative agent). If no causative agent is detected, the quarantine authority shall issue a quarantine certificate for the consignment. If a causative agent is detected, the quarantine authority shall not issue a quarantine certificate for the consignment and shall require the consignor to take appropriate measures according to the level of danger posed by each disease, ensuring to prevent the spread of the causative agent.

b.In cases where the importing country or customer requests certification of quarantine criteria and a quarantine certificate in accordance with the model of the importing country, the quarantine authority shall require the consignor to immediately notify upon registering for quarantine and implement according to the requirements of the importing country or customer.

6.5.Quarantine for temporary importation for re-export, temporary exportation for re-importation, transfer of customs clearance points, and transit through the territory of Vietnam shall be carried out in accordance with the provisions of Articles 31 and 36 of Decree No. 33/2005/NĐ-CP.