Circular No. 43/2010/TT-BNNPTNT amends and supplements Article 16 and Article 17 of Circular No. 06/TT-BNNPTNT dated February 2, 2010 of the Ministry of Agriculture and Rural Development on the procedures and formalities for aquatic animal health inspection and aquatic products.

CIRCULAR

Amending and supplementing Article 16 and Article 17 of Circular No. 06/2010/TT-BNNPTNT dated February 2, 2010 of the Ministry of Agriculture and Rural Development on the procedures and formalities for aquatic animal quarantine and aquatic products

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Animal Health Ordinance dated April 29, 2004;

Pursuant to Decree No. 33/2005/ND-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Animal Health Ordinance;

Pursuant to Decree No. 119/2008/ND-CP dated November 28, 2008 of the Government amending and supplementing certain articles of Decree No. 33/2005/ND-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Animal Health Ordinance;

The Ministry of Agriculture and Rural Development amends and supplements Article 16 and Article 17 of Circular No. 06/2010/TT-BNNPTNT dated February 2, 2010 of the Ministry of Agriculture and Rural Development on the procedures and formalities for aquatic animal quarantine and aquatic products as follows:

Article 1. Amending and supplementing Article 16 and Article 17 of Circular No. 06/2010/TT-BNNPTNT dated February 2, 2010 of the Ministry of Agriculture and Rural Development on the procedures and formalities for aquatic animal quarantine and aquatic products as follows:

1. Article 16 is amended and supplemented as follows:

"Article 16. Registration and declaration for import quarantine of aquatic animals and aquatic products

1. The consignee who wishes to import aquatic animals or aquatic products must register for import quarantine with the Department of Animal Health.

For exported aquatic products recalled or returned, or imported aquatic products from foreign fishing vessels: The consignee does not need to register for import quarantine with the Department of Animal Health but only declare to the animal quarantine authority at the border gate.

2. The registration dossier for import quarantine includes:

a) An application form for import quarantine of aquatic animals and aquatic products (the consignee may forecast plans to import goods within three months from the date of submitting the application for import quarantine);

b) A certified copy of the business registration certificate (for enterprises); Enterprises only need to submit the business registration certificate when first applying or after changes or additions to their business scope;

c) A health certificate/sanitary certificate issued by the competent authority of the exporting country (as required);

Specifically, for aquatic animals (as specified in point a, Section 1 of Appendix 1) when importing into Vietnam, they must have a health certificate issued by the national veterinary authority of the exporting country certifying that the aquatic animals are healthy, originating from breeding facilities or regions or countries free from diseases, or have been tested and found free from diseases listed in the World Organization for Animal Health (OIE) list for the specific species of aquatic animals.

d) A permit from the competent authority for aquaculture for aquatic seed not included in the list of permitted aquaculture seeds of the Ministry of Agriculture and Rural Development;

đ) A permit from the CITES Vietnam authority for aquatic animals and aquatic products belonging to species listed in the Vietnam Law on endangered, precious, and rare wild animals and plants or listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);

e) A certificate of veterinary hygiene for isolation quarantine facilities for aquatic seed (if applicable);

f) Other relevant documents related to the imported consignment (as required by the Department of Animal Health for specific cases).

3. Within five working days from receiving a complete dossier, based on the disease situation of the exporting country and domestically, the Department of Animal Health shall be responsible for informing the consignee and guiding the competent authority to inspect veterinary hygiene at isolation quarantine facilities (for aquatic seed); the animal quarantine authority to quarantine imported aquatic animals and aquatic products.

4. After approval by the Department of Animal Health, the consignee must declare to the designated animal quarantine authority at least four days before the goods arrive at the border gate for aquatic animals and two days for aquatic products to carry out the quarantine.

The declaration dossier for import quarantine includes:

a) A quarantine registration form (Form 3); if necessary, the animal quarantine authority may require the consignee to declare additional forms for aquatic animal and aquatic product import/export quarantine (Form 2);

b) A reply letter from the Department of Animal Health regarding the import quarantine of aquatic animals and aquatic products;

c) A certified copy of the export country's health certificate (if available);

Within one working day from receiving a complete dossier, the animal quarantine authority shall notify the consignee of the quarantine location and time.

5. For exported aquatic products recalled or returned.

The consignee declares to the animal quarantine authority at the border gate, the declaration dossier for import quarantine includes:

A quarantine registration form (Form 3);

A certified copy of the export health certificate for aquatic products (if available);

6. For imported aquatic products for processing and manufacturing for export to other countries:

The declaration dossier for import quarantine shall comply with points a, b, đ of Clause 2 of Article 16 of this Circular.

7. For imported aquatic products from foreign fishing vessels:

The consignee declares to the animal quarantine authority at the border gate, the declaration dossier for import quarantine includes: A quarantine registration form (Form 3);"

2. Article 17 is amended and supplemented as follows:

"Article 17. Inspection of aquatic products and aquatic product products at import checkpoints

The animal quarantine agency shall perform the following tasks:

1. Inspect the declaration documents for import quarantine.

a) The import quarantine documentation as prescribed in point a and b, Clause 4, Article 16 of this Circular;

b) The original certificate of quarantine content consistent with the details of the consignment (regarding type, quantity, weight, size, packaging).

2. Inspect the actual condition of imported goods; compare with the export country's quarantine certification regarding type, size, quantity, weight, packaging status, product labeling.

3. Inspect the veterinary hygiene conditions, disinfection of transport means; implement or supervise the consignor to handle waste and bedding generated during transportation.

4. If the imported goods meet the veterinary hygiene requirements, the quarantine certificate and other related documents are valid, the animal quarantine agency at the checkpoint shall perform:

a) Issue a transport permit for imported aquatic products and aquatic product products to be transported to the quarantine isolation facility (Form 6), allowing the consignor to transport the goods to the quarantine isolation facility (in cases requiring quarantine isolation) or the receiving facility to conduct quarantine and food safety testing;

b) Issue a certificate of quarantine for imported aquatic products and aquatic product products (Form 7) for consignments not requiring quarantine isolation, sampling for disease testing, and veterinary hygiene inspection;

The transport permit for imported aquatic products and aquatic product products to be transported to the quarantine isolation facility (Form 6) or the certificate of quarantine for imported aquatic products and aquatic product products (Form 7) serves as the basis for the customs agency at the checkpoint to process clearance procedures for the goods.

5. Guide the consignor on necessary requirements during the transportation of goods from the checkpoint to the quarantine isolation facility.

6. For imported aquatic products and aquatic product products that do not go through customs formalities at the import checkpoint but transfer to another checkpoint or entry point for customs formalities, the animal quarantine agency at the import checkpoint shall perform:

a) As stipulated in Clauses 1, 2, and 3 of this Article;

b) Supervise the loading and unloading of aquatic products and aquatic product products onto transport means;

c) Seal the transport means carrying aquatic products and aquatic product products;

d) Implement or supervise the cleaning, disinfection, and pest control at the loading and unloading site;

đ) Issue a transport permit for imported aquatic products and aquatic product products to be transported to the quarantine isolation facility (Form 6) and notify relevant information about the consignment to the animal quarantine agency responsible for the destination checkpoint;

7. In case the documents are not valid, imported aquatic products and aquatic product products do not meet veterinary hygiene requirements, the animal quarantine agency shall handle according to regulations.

8. For exported aquatic products recalled or returned.

a) Inspect storage conditions, packaging standards, labeling, and appearance of the products at the consolidation site;

b) Confirm on the quarantine registration form for the consignor to process customs declaration;

c) If there is suspicion or discovery of non-compliance with veterinary hygiene requirements, take samples for veterinary hygiene testing; issue a certificate of quarantine for imported aquatic products and aquatic product products (Form 7) for consignments meeting veterinary hygiene requirements.

9. For imported aquatic products brought into Vietnam for processing and manufacturing export goods to other countries.

The animal quarantine agency shall perform: Inspect the declaration documents for import quarantine of consignments for processing and manufacturing export goods as prescribed in point b and c, Clause 4, Article 16 and point c, Clause 8, Article 17 of this Circular.

10. For imported aquatic products from foreign fishing vessels:

a) Inspect the actual condition of goods;

b) Perform as prescribed in point b and c, Clause 8 of this Article."

Article 2. Effectiveness

1. The Director of the Finance and Planning Department is responsible for guiding and supervising the implementation of this Circular.

In the course of implementation, if there are difficulties, please report to the Ministry of Agriculture and Rural Development for consideration and amendment./.