Circular No. 35/2018/TT-BNNPTNT amending and supplementing Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 on animal quarantine and animal products quarantine on land.

   

 

CIRCULAR

Amending and supplementing some articles of Circular No. 25/2016/TT-BNNPTNT

dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017

of the Minister of Agriculture and Rural Development

                          

Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of Law on Animal Health No. 79/2015/QH13 dated June 19, 2015;

Decree No. Decision No. 39/2017/NĐ-CP dated April 4, 2017 of the Government on management of animal feed and aquatic products;

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 Articles of Circular No. Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development.

Article 1. Amending and supplementing some articles of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on quarantine of animals and terrestrial animal products

1. Supplement Clause 1a, Clause 2a of Article 1 as follows:

"1a. This Circular guides the implementation of quarantine of animals and quality inspection of animal feed and aquatic products of animal origin before customs clearance for consignments that require both animal quarantine and state quality inspection.

2a. This Circular applies to organizations and individuals related to activities of animal quarantine and state quality inspection of animal feed and aquatic products of animal origin before customs clearance for consignments that require both product animal quarantine and state quality inspection."

2. Supplement Clause 3, Clause 4, Clause 5, and Clause 6 of Article 2 as follows:

“3. Exported and imported goods are animal products of the same type, name, brand, production facility, packaging material.

4. Exported and imported consignment of animal products is the entire batch of animal products of one shipment (with the same waybill number). The consignment may consist of one item or multiple items.

5. High-risk animal products are fresh, chilled, frozen, or minimally processed animal products; animal feed and aquatic products requiring testing for ruminant-derived contaminants (DNA).

6. Low-risk animal products are animal products that have been industrially or manually processed for immediate consumption.”

3. Supplement Clause 3 of Article 7 as follows:

“3. The consignor shall be responsible for quarantine of exported goods and shall not submit to the customs authority a Certificate of Quarantine for exported consignments for customs clearance.”

4. Amending and supplementing Clause 1, Clause 2, and Clause 3 of Article 8 as follows:

“1. Prior to importing animals, the consignor shall submit one set of quarantine registration dossier to the Department of Animal Health through one of the following methods: via the National Single Window Portal or through postal services or by email, fax, followed by submission of the original or direct submission.

The quarantine registration dossier shall be implemented in accordance with Clause 1 of Article 45 of the Law on Animal Health. The request form shall be in Form 19 of Appendix V issued together with this Circular.

2. The Department of Animal Health shall implement in accordance with Clause 2 of Article 46 of the Law on Animal Health; send the approval letter and quarantine guidance to the consignor and the animal quarantine agency at the border gate via email (in case the consignor registers quarantine through postal services or email, fax, or direct submission) or on the National Single Window Portal (in case the consignor registers quarantine on the National Single Window Portal).

3. Declaration of quarantine

a) After receiving the approval letter and quarantine guidance from the Department of Animal Health, prior to the arrival of the goods at the border gate, the consignor shall submit one set of quarantine declaration dossier to the animal quarantine agency at the border gate through one of the following methods: via the National Single Window Portal or through postal services or by email, fax, followed by submission of the original or direct submission;

b) The quarantine declaration dossier shall be implemented in accordance with Clause 2 of Article 45 of the Law on Animal Health. The declaration form shall be in Form 3 of Appendix V issued together with this Circular.”

5. Amending and supplementing Clause 1 and Point a of Clause 3 of Article 9 as follows:

“1. Prior to importing animal products, the consignor shall submit one set of quarantine registration dossier to the Department of Animal Health through one of the following methods: via the National Single Window Portal or through postal services or by email, fax, followed by submission of the original or direct submission.

The quarantine registration dossier shall be implemented in accordance with Clause 1 of Article 8 of this Circular.

3. Content of quarantine

a) Shall be implemented in accordance with Clause 2 of Article 47 of the Law on Animal Health. In case of consignments imported for sampling purposes with a weight under 50 kg, the export country's Certificate of Quarantine is exempted, and sampling for testing is also waived;"

6. Supplementing Article 9a as follows:

"Article 9a. Simultaneous quarantine and quality inspection of animal-origin animal feed and aquatic products imported before customs clearance

1. Animal feed and aquatic products of animal origin imported, included in the list of goods subject to specialized inspection before customs clearance under the jurisdiction of the Ministry of Agriculture and Rural Development, must undergo simultaneous quarantine and quality inspection.

2. Prior to importation, the consignor shall submit one set of registration dossier to the Department of Animal Health through one of the following methods: via the National Single Window Portal or through postal services or by email, fax, followed by submission of the original or direct submission, including:

a) Registration certificate for quarantine and confirmation of quality inspection of animal feed and aquatic products of animal origin imported (Form 20a issued together with this Circular);

b) Documents specified in Point b of Clause 1 of Article 45 of the Law on Animal Health;

c) Documents specified in Clause 1 of Article 19 of Decision No. 39/2017/NĐ-CP dated April 4, 2017 of the Government on management of animal feed and aquatic products (hereinafter referred to as Decision No. 39/2017/NĐ-CP) for imported animal feed and aquatic products, or documents specified in Clause 3 of Article 19 of Decision No. 39/2017/NĐ-CP for recalled or returned animal feed and aquatic products.

3. The Animal Health Department shall implement in accordance with Clause 2 of Article 46 of the Law on Animal Health and Point b of Clause 4 of Article 19 of Decree No. 39/2017/NĐ-CP; send the document of agreement and guidance for quarantine and quality inspection of animal feed and aquatic products to the consignor and the animal quarantine agency at the border gate via email (in case the consignor registers through the public postal service or sends via email, fax, or delivers directly) or post it on the National Single Window Portal (in case the consignor registers on the National Single Window Portal).

4. The animal quarantine agency at the border gate shall carry out quarantine in accordance with Clause 3 of Article 9 of this Circular; organize the verification of the quality of imported animal feed and aquatic products of animal origin in accordance with the provisions of Decree No. 39/2017/NĐ-CP. In cases where the quarantine criteria overlap with the quality inspection criteria, the animal quarantine agency at the border gate shall organize testing of those criteria. If the consignor declares quarantine to the animal quarantine agency at the border gate without the original Export Certificate from the exporting country, the consignor must supplement it during the quarantine and quality inspection process of animal feed and aquatic products.

5. The animal quarantine agency at the border gate shall deliver the Export Certificate and Quality Confirmation Certificate directly to the consignor or post it on the National Single Window Portal (for cases where the consignor registers on the National Single Window Portal).

6. For mixed animal and plant-based feed and aquatic products imported, the Animal Health Department shall organize the quarantine and state quality inspection and notify the Plant Protection Department to coordinate in the inspection.

7. Add Article 9b as follows:

"Article 9b. On-site Quarantine of Exported and Imported Animal Products

1. Animal products that have completed import quarantine procedures, not yet processed or repackaged when being exported or re-imported at the place of origin, do not need to undergo quarantine again.

2. Domestic-origin animal products sold to export processing enterprises only need to undergo transportation quarantine outside the provincial territory as prescribed, without needing to undergo export or re-import quarantine."

8. Amend and supplement Clause 1, Clause 2, and Clause 3 of Article 14 as follows:

"1. Prior to temporary import for re-export, temporary export for re-import, transfer of customs clearance port, or transit through the territory of Vietnam of animals and animal products, the consignor shall submit one set of quarantine registration dossier to the Animal Health Department via one of the following methods: through the National Single Window Portal or through the public postal service or via email, fax, followed by submission of the original or direct delivery.

The quarantine registration dossier shall be implemented in accordance with Clause 1 of Article 48 of the Law on Animal Health. The request for quarantine guidance shall be made according to Form 17 of Appendix V issued together with this Circular.

2. The Animal Health Department shall implement in accordance with Clause 2 of Article 49 of the Law on Animal Health; send the document of agreement and guidance for quarantine to the consignor and the animal quarantine agency at the border gate via email (in case the consignor registers quarantine through the public postal service or sends via email, fax, or delivers directly) or post it on the National Single Window Portal (in case the consignor registers quarantine on the National Single Window Portal).

3. Declaration of quarantine

a) Implement in accordance with Point a of Clause 3 of Article 8 of this Circular;

b) The declaration dossier for quarantine shall be implemented in accordance with Clause 2 of Article 48 of the Law on Animal Health. The quarantine declaration form shall be made according to Form 3 of Appendix V issued together with this Circular."

9. Amend and supplement Clause 1, Clause 2, Clause 3, and Clause 6 of Article 15 as follows:

"1. Prior to implementing the entry into or exit from bonded warehouses of animals and animal products, the consignor shall submit one set of quarantine registration dossier to the Animal Health Department via one of the following methods: through the National Single Window Portal or through the public postal service or via email, fax, followed by submission of the original or direct delivery.

The quarantine registration dossier shall be implemented in accordance with Clause 1 of Article 48 of the Law on Animal Health. The request for quarantine guidance shall be made according to Form 18 of Appendix V issued together with this Circular.

2. The Animal Health Department shall implement in accordance with Clause 2 of Article 49 of the Law on Animal Health; send the document of agreement and guidance for quarantine to the consignor and the animal quarantine agency at the border gate via email (in case the consignor registers quarantine through the public postal service or sends via email, fax, or delivers directly) or post it on the National Single Window Portal (in case the consignor registers quarantine on the National Single Window Portal).

3. Declaration of quarantine

a) Implement in accordance with Point a of Clause 3 of Article 8 of this Circular;

b) The declaration dossier for quarantine shall be implemented in accordance with Clause 2 of Article 48 of the Law on Animal Health. The quarantine declaration form shall be made according to Form 3 of Appendix V issued together with this Circular.

6. The animal quarantine agency at the border gate shall conduct quarantine of goods exiting bonded warehouses as follows:

a) In accordance with Article 9 of this Circular for domestic-consumption animal products, and Article 11 of this Circular for animal products used as raw materials for processing and manufacturing export food;

b) In accordance with Article 50 of the Law on Animal Health for animal products stored in bonded warehouses for re-export, the Export Certificate shall be issued according to Form 16b of Appendix V issued together with this Circular;

c) In cases where the goods are partially withdrawn from bonded warehouses, the animal quarantine agency at the border gate shall deduct the quantity of goods from the original Export Certificate of the exporting country, retain a copy in the quarantine file. The original Export Certificate of the exporting country will be collected and kept in the final shipment's file (in cases of import for domestic consumption or production for export) or returned to the consignor (in cases of re-export)."

10. Amend Clause 1, Clause 3, and Clause 4 of Part II of Appendix I as follows:

"1. Meat, meat products, organs, and by-products from terrestrial animals.

3. Milk and dairy products.

4. Eggs and egg products from terrestrial animals."

11. Repeal Clause 16 of Part II of Appendix I.

12. Amend Part II of Appendix II as follows:

"1. Animals and animal products exported and imported under diplomatic regulations.

2. Research and production vaccines and biological products: Horse serum, cow serum, sheep serum; medicinal products: Centipede, Cicada shell, Scorpion, Gecko skin, dried deer antler, dried deer blood; silkworm cocoons; products treated for pest control for finished garment production: leather/skin strips, feathers."

13. Amend and supplement Appendix V as follows:

a) Amend and supplement Model 1, Model 2, Model 3, Model 8, Model 9, Model 14a, Model 14b, Model 15a as follows: replace the phrase "Citizen Identification Card number" and the phrase "Citizen Identification Card number" with the phrase "Citizen Identification Card Number/Passport Number/Unique Personal Identifier";

b) Amend Point b Clause 15 and the name of Model 15b to: "Certificate of Animal Product Import Inspection";

c) Supplement Clause 20a of Appendix V as follows:

"20a. Registration for inspection and confirmation of quality of animal-origin feed and aquatic products";

d) Repeal Point c Clause 15.

14. Amend and supplement Clause 1 Part II of Appendix XII as follows:

"1. Animal products used for food:

a) For high-risk animal product groups:

Take samples from each consignment to test and examine according to the criteria specified in Point c Clause 1 Part II of Appendix XII issued together with this Circular.

The animal quarantine authority at the border takes samples at the border, inspects the actual condition of goods, issues a Transportation Certificate (Model 14b) for the consignor to transport the goods to the warehouse as requested by the consignor (the warehouse must meet veterinary hygiene conditions); the consignor is responsible for transporting and storing the goods while waiting for the inspection. In case the animal products cannot be sampled at the border, the border quarantine authority will take samples for inspection at the storage warehouse.

Specifically, frozen animal products must be kept at the border gate area until the test results meet the requirements.

b) For low-risk animal product groups:

Take samples to test and examine according to the criteria specified in Point c Clause 1 Part II of Appendix XII issued together with this Circular.

Sampling frequency is as follows: out of every five consignments, one consignment is randomly sampled for testing and examination; if one violation is detected, three consecutive consignments are sampled for testing and examination; if the results of three consecutive tests meet the requirements, the sampling frequency returns to one out of every five consignments.

Sampling for inspection and checking the actual condition of goods shall be carried out at the border or the warehouse of the consignor that meets the requirements (if requested by the consignor); the consignor is responsible for transporting and storing the goods while waiting for the inspection.

If the consignment does not require sampling for testing, within one working day, the animal quarantine authority at the border only checks the documents; if they meet the requirements, issue an Import Inspection Certificate. The consignor is responsible for the imported goods.

c) Pathogenic microorganisms, sensory, physicochemical:

Sampling frequency applies to the total number of consignments imported from January 1 to December 31 of the same year.

d) Consignments requiring sampling for testing: if there is one item in the consignment, take three samples; if there are two or more items, take five samples."

15. Amend and supplement Clause 2 Part II of Appendix XII as follows:

"2. Feed, raw materials for feed production, aquatic products of animal origin imported:

a) For raw materials for feed production, aquatic products of animal origin, take samples from each consignment to test the criteriaSalmonella spp, E. coliaccording to Vietnam's regulations, standards, technical specifications, current international regulations on pathogenic microorganisms;

b) For finished feed containing animal products, out of every five consignments, sample one consignment to test the criteriaSalmonella spp, E. coliaccording to Vietnam's regulations, standards, technical specifications, current international regulations on pathogenic microorganisms;

c) Test DNA of ruminants for raw materials for feed production, aquatic products/finished feed containing animal products from countries at risk of BSE or when required for identification;

d) The animal quarantine authority at the border accepts the documents and performs quality inspection of feed and aquatic products according to Articles 16, 18, and 20 of Decree No. 39/2017/NĐ-CP;

If the consignor chooses another designated unit to perform the quality inspection of feed and aquatic products, that designated unit sends the results of the quality inspection of feed and aquatic products to the animal quarantine authority at the border; those items already inspected do not need to be re-inspected;

đ) For animal products not requiring DNA ruminant testing, if the consignor requests to store the goods in a warehouse (the consignor's warehouse must meet veterinary hygiene conditions), the animal quarantine authority at the border takes samples at the border, inspects the actual condition of goods, issues a Transportation Certificate (Model 14b) for the consignor to transport the goods to the warehouse or the sampling can be done at the storage warehouse; the consignor is responsible for transporting and storing the goods and may not put the goods into circulation until the inspection results meet the requirements;

e) For raw materials for feed production, aquatic products/finished feed containing animal products requiring DNA ruminant testing must be kept at the border area until the inspection results meet the requirements."

16. Supplement Part IV of Appendix XII as follows:

"IV. Inspection content for imported terrestrial animal products used as raw materials for processing and manufacturing export goods as follows:

1. Check the quarantine documents, contents of the Quarantine Certificate issued by the competent veterinary authority of the exporting country for the consignment.

2. Inspect the actual condition of goods.

3. Take samples to test disease-causing agents as follows:

a) For chicken, duck, goose, and swan meat and edible by-products after slaughter: Take samples to test highly pathogenic avian influenza virus (H5-, H7- strains);

b) For pork and edible by-products after slaughter: Take samples to test disease-causing agents: Helicobacter pylori, Taenia solium, African Swine Fever (for countries and regions with outbreaks)."

c) For beef, buffalo, goat, sheep meat and edible offal after slaughter of beef, buffalo, goat, and sheep: Samples shall be taken to test for Brachyspira disease agents.

4. Frequency and number of samples for testing: For every 06 consignments, 03 samples from 01 consignment shall be taken for testing.

5. In cases where consignments are subject only to file inspection of veterinary certificates and actual condition of goods: If the inspection of the actual condition of goods reveals non-compliance with veterinary hygiene requirements, samples shall be taken for testing of veterinary hygiene indicators.

6. Handling of testing results: Shall be carried out in accordance with current laws.

Based on the animal disease situation in the exporting country and risk factors that need to be controlled as prescribed, the Department of Animal Health will guide adjustments and supplements to the testing criteria.

17. Replace the term "Veterinary Zone Authority" with the term "Regional Animal Health Service" as provided for in this Circular.

1. Supplement Clause 2b and Clause 3b of Article 9 as follows:

“2b. For imported animal-origin feed and aquatic products, both veterinary quarantine procedures and state quality control procedures for imported feed and aquatic products must be implemented simultaneously:

When the quality test results do not meet the requirements, the designated organization conducting the test shall report the test results to the Department of Animal Health and simultaneously notify the inspected entity in writing via postal service, fax, or email.

Within no more than 07 working days from the date of receipt of the notification, if the inspected entity does not lodge a complaint about the test results, the Department of Animal Health will proceed to handle the violation according to the law.

3b. Complaint resolution regarding the test results for imported animal-origin feed and aquatic products must implement both veterinary quarantine procedures and state quality control procedures for imported feed and aquatic products simultaneously:

In case of disagreement with the quality test results, the inspected entity has the right to submit a written request to the Department of Animal Health requesting retesting and reanalysis of the quality.

The Department of Animal Health will organize retesting or resampling (if necessary) and send it to another designated laboratory for testing. The result of this retest will serve as the basis for final handling and conclusion.

In case of a disputed test criterion and there is only one designated laboratory, the Department of Animal Health may send the sample for testing to foreign laboratories recognized by international accreditation organizations, regional accreditation organizations, or those designated and recognized by the Ministry of Agriculture and Rural Development.”

2. Supplement Clause 5 of Article 11 as follows:

“5. The Department of Animal Health is responsible for organizing state inspections and receiving, processing administrative procedures related to quality inspections of imported animal-origin feed and aquatic products that require pre-clearance animal quarantine according to the provisions of Decree No. Decision No. 39/2017/NĐ-CP.”

Article 3. Effectiveness

1. This Circular takes effect from February 10, 2019.

2. In case the software applied on the National Single Window portal has not been connected when this Circular takes effect, the consignor shall submit the dossier to the Department of Animal Health through public postal services or email, fax, and then submit the original dossier or deliver it directly and receive the result via email.

Article 4. Transitional Provisions

1. Applications for quality inspection of imported animal-origin feed and aquatic products that require pre-clearance animal quarantine submitted to the General Fisheries Department and the Livestock Production Department before the effective date of this Circular shall continue to be processed for quality inspection by the General Fisheries Department and the Livestock Production Department.

2. Cases where a limited-time exemption or reduced inspection regime has already been approved by the General Fisheries Department and the Livestock Production Department shall continue to apply such inspection regime until its expiration.

3. Applications for a limited-time exemption or reduced inspection regime submitted to the General Fisheries Department and the Livestock Production Department before the effective date of this Circular shall continue to be processed in accordance with the law.

4. During the period without national technical standards for feed and aquatic products, the basis for inspecting the quality of imported animal-origin feed and aquatic products shall be the announced standards.

The General Fisheries Department and the Livestock Production Department are responsible for drafting and submitting for promulgation national technical standards for feed and aquatic products in accordance with the law and they must take effect from January 1, 2020.

Article 5. Responsibilities for Implementation

1. The Director of the Department of Animal Health, the Director-General of the General Fisheries Department, the Director of the Livestock Production Department, and the heads of relevant units, organizations, and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties or obstacles, it is recommended that agencies, organizations, and individuals report them to the Ministry of Agriculture and Rural Development for review, amendment, and supplementation./.

ANNEX:

APPLICATION FOR ANIMAL QUARANTINE AND QUALITY CONFIRMATION TESTING OF IMPORTED ANIMAL-ORIGIN FEED AND AQUATIC PRODUCTS
(Annexed to Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, issued by the Minister of Agriculture and Rural Development)

 

APPLICATION FOR ANIMAL QUARANTINE AND QUALITY CONFIRMATION TESTING OF IMPORTED ANIMAL-ORIGIN FEED AND AQUATIC PRODUCTS

 

Respectfully submitted to: ...

 

Confirmation from the quarantine and quality inspection authority

Agree to bring the goods to the location: …to undergo quarantine procedures and take samples for quality testing at …hours, on …day …month …year ….

After obtaining the Transportation Certificate or Animal Quarantine Certificate, the shipment may be brought to storage.(except for goods requiring DNA species identification)while awaiting the results of the state inspection regarding the quality of imported animal feed and aquatic products according to customs laws (for regular inspection, strict inspection regimes).

The shipment is only allowed to clear customs after obtaining the Animal Quarantine Certificate and the Quality Confirmation Certificate for imported animal feed and aquatic products (for reduced inspection regime with a time limit, regular inspection, strict inspection).

 

Confirmation from the Customs Authority

(In case the goods are not allowed to be imported)

The shipment is not allowed to be imported into Vietnam due to: …