Circular No. 56/2011/TT-BNNPTNT guiding the implementation of state management tasks related to aquatic animal health

CIRCULAR

Guidelines for Implementing State Management Tasks in Aquatic Animal Health

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

Pursuant to the Veterinary Law dated April 29, 2004;

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

The Ministry of Agriculture and Rural Development hereby provides guidelines for implementing state management tasks in aquatic animal health as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines provide guidance on implementing state management tasks in aquatic animal health, including:

1. Prevention and control of aquatic animal diseases.

2. Inspection and certification of compliance with aquatic animal health sanitary conditions.

3. Quarantine of aquatic animals and aquatic animal products.

4. Management of veterinary drugs, raw materials for veterinary drugs for aquatic animals, biological preparations, microorganisms, and chemicals used in aquatic animal health (hereinafter referred to collectively as veterinary drugs for aquatic animals).

5. Evaluation and designation of laboratories for aquatic animal disease testing and veterinary drug testing (hereinafter referred to collectively as laboratories).

6. Practice of aquatic animal health.

7. International cooperation in aquatic animal health.

8. Supervision and inspection of aquatic animal health.

Article 2. Applicability

These guidelines apply to state agencies, organizations, and individuals in Vietnam; foreign organizations and individuals engaged in activities related to aquatic animal health within the territory of Vietnam.

Article 3. Explanation of Terms

The terms used in this Circular are understood as follows:

1. Diseased aquaculture animal Aquatic animals infected with a disease; aquatic products showing typical symptoms or lesions of that disease or having been identified as carrying the pathogen.

2. Aquatic animal epidemic is an infectious or parasitic disease listed in the list of aquatic animal diseases requiring declaration of an epidemic (hereinafter referred to as the list) or a new disease not included in the list causing many aquatic animals to become ill or die, with the potential to spread into an epidemic.

3. Prevention and control of aquatic animal epidemics involves applying technical measures to isolate, contain, and prevent the development and spread of epidemics.

4. Veterinary drugs used in aquatic animal health are products used to prevent, diagnose, treat diseases, disinfect, or restore, adjust, and improve the functions of aquatic animals' bodies.

Chapter II

STATE MANAGEMENT OF AQUATIC ANIMAL HEALTH AND ASSIGNMENT OF IMPLEMENTATION TASKS

Article 4. State Management of Prevention and Control of Aquatic Animal Epidemics

1. The Department of Animal Health shall perform:

a) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance, or for the Minister of Agriculture and Rural Development to submit to competent state authorities for issuance, legal documents on prevention and control of aquatic animal epidemics; safe disease zones for aquatic animals; lists of aquatic animal diseases requiring declaration of an epidemic; approving and implementing national programs for monitoring certain dangerous diseases in aquatic animals;

b) Drafting and issuing guidelines for isolation, containment, treatment, disinfection, and environmental decontamination measures aimed at preventing the spread of epidemics;

c) Investigating and monitoring aquatic animal epidemics; directing the diagnosis, testing, determination of causes, and pathogens of diseases; coordinating with relevant units to guide the treatment of certain dangerous diseases in aquatic animals;

d) Submitting to the Minister of Agriculture and Rural Development for issuance of decisions declaring and ending aquatic animal epidemics according to regulations;

đ) Summarizing and reporting periodically and urgently to the Ministry of Agriculture and Rural Development on the situation of aquatic animal epidemics according to regulations;

e) Participating in regional and global programs for prevention and control of aquatic animal epidemics under the direction of the Ministry of Agriculture and Rural Development. Fulfilling the obligation to report aquatic animal disease information to international organizations and related countries;

g) Advising the Minister of Agriculture and Rural Development on the quantity, types, technical characteristics, standards, and quality of national reserves for prevention and control of aquatic animal epidemics (hereinafter referred to as national reserves); inspecting and supervising the use of national reserves for their intended purposes and effectiveness according to regulations;

h) Appraising and recognizing safe disease zones for aquatic animals according to the regulations of the Ministry of Agriculture and Rural Development; guiding and directing the Provincial Animal Health Service or the agency assigned the task of managing aquatic animal health (hereinafter referred to as local aquatic animal health management agencies) in building and managing activities related to safe disease zones for aquatic animals;

i) Training, instructing, and disseminating legal documents on treatment, prevention, and control of aquatic animal epidemics;

k) Coordinating with the General Fisheries Administration in activities for prevention and control of aquatic animal epidemics.

2. The General Fisheries Administration shall perform:

a) Drafting and issuing, or submitting to the Minister of Agriculture and Rural Development for issuance, guidelines and technical standards for breeding and farming of aquatic species to meet requirements for disease prevention and control;

b) Organizing the implementation of tasks for monitoring the environment in aquaculture;

c) Coordinating with the Department of Animal Health to build a system for monitoring diseases in aquaculture and implementing activities for prevention and control of aquatic animal epidemics according to regulations and guidance from the Department of Animal Health.

3. The Department of Quality Assurance for Agricultural and Forestry Products and Aquatic Animals shall perform:

a) Submitting to the Minister of Agriculture and Rural Development for issuance of guidelines for processing diseased aquatic animals reaching market size;

b) Promoting and instructing on the implementation of procedures for processing and handling diseased aquatic products.

4. The Provincial Animal Health Service (or local aquatic animal health management agency) shall perform:

a) Advising and assisting the Director of the Department of Agriculture and Rural Development in submitting to competent authorities for approval of plans to implement prevention and control of aquatic animal epidemics in the locality; planning the construction of safe disease zones for aquatic animals;

b) Organizing and implementing legal documents on treatment, prevention, and control of aquatic animal epidemics in the locality.

c) Organize and carry out disease investigation and surveillance of aquatic animals; diagnose, test, and coordinate with local aquaculture management agencies to guide the treatment of aquatic animals at the local level;

d) Submit to the competent authority for the announcement of diseases and the declaration that the disease has ended in accordance with regulations;

đ) Coordinate with relevant agencies to implement enhanced quarantine and transportation control measures when there is an outbreak of aquatic animal diseases;

e) Guide aquaculture producers on measures to contain and control disease outbreaks; handle, disinfect, and sterilize breeding environments to prevent the spread of diseases;

g) Summarize and report periodically and urgently to the Animal Health Department on the situation of aquatic animal diseases in accordance with regulations;

h) Advise and assist the Director of the Department of Agriculture and Rural Development to submit to the competent authority for the allocation of funds to purchase chemicals, materials, and veterinary drugs for aquatic animals to proactively prevent and control aquatic animal diseases and to provide chemicals from the National Reserve for disease control in the locality;

i) Train, instruct, publicize, and disseminate legal documents on the treatment, prevention, and control of aquatic animal diseases according to the分级授权；

k) Receive applications for the construction of disease-safe facilities and implement technical content within their jurisdiction;

l) Carry out other professional tasks assigned by the Animal Health Department;

5. The Aquaculture Management Agency of each province or centrally governed city (hereinafter referred to as the local aquaculture management agency) shall perform the following:

a) Guide aquaculture producers and aquatic seed production and business entities to manage water quality in aquaculture in accordance with regulations;

b) Participate in disease prevention and control and guide the implementation of preventive and curative measures for aquatic animals in accordance with the regulations of the veterinary authority;

6. The Local Quality Management Agency for Agricultural and Aquatic Products shall guide the owners of breeding and processing facilities to handle and process diseased aquatic animals in accordance with current regulations;

Article 5. Veterinary Sanitation Inspection of Aquatic Animals

1. The Animal Health Department shall perform the following:

a) Develop and submit to the Minister of Agriculture and Rural Development for promulgation legal documents on the conditions for veterinary sanitation of aquatic animals;

b) Conduct inspections and certify compliance with veterinary sanitary conditions for National Aquatic Seed Centers; disease-safe facilities applying for recognition and aquatic animal quarantine zones for export and import;

2. The Animal Health Sub-department (or aquatic animal health management agency) shall conduct inspections and certify compliance with veterinary sanitary conditions for:

a) Facilities producing and breeding aquatic animals; seedling breeding facilities; facilities collecting and trading aquatic seeds within the jurisdiction of the management agency based on current legal documents;

b) National Aquatic Seed Centers; quarantine zones for aquatic animal exports and imports and disease-safe breeding facilities recognized on provincial territory under the delegation of the Animal Health Department;

3. The Aquaculture Sub-department (or local aquaculture management agency) when inspecting production and business conditions of facilities producing and breeding aquatic animals; seedling breeding facilities; facilities collecting and trading aquatic seeds within the jurisdiction of the management agency shall use the results of the veterinary sanitary inspection conducted by the Animal Health Sub-department, or apply the regulations of the veterinary authority for inspection.

Article 6. Animal quarantine and aquatic animal products

1. The Department of Animal Health shall perform:

a) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance, or having the Minister of Agriculture and Rural Development submit to the competent state agency for issuance, normative legal documents on quarantine of aquatic animals and aquatic animal products;

b) Organizing and implementing quarantine of imported aquatic animals and aquatic animal products, temporarily imported for re-export, temporarily exported for re-import, transshipment, bonded warehouses, and transit through Vietnam's territory;

c) Organizing and implementing quarantine of aquatic animals and aquatic animal products for export not intended for food (for breeding, ornamental purposes, as livestock feed, or as disease specimens) or as gifts, presents, hand-carried items, diplomatic bags at the request of the consignor or the importing country;

d) Supervising quarantine procedures for various types of aquatic animals and aquatic animal products at border gates, airports, seaports, post offices in accordance with Vietnamese laws or international organizations' regulations or bilateral agreements with other countries;

đ) Training and instructing animal quarantine agencies under the Department of Animal Health and District Animal Health Services on quarantine of aquatic animals and aquatic animal products for export, import, and domestic circulation;

2. The Department of Quality Management of Agricultural and Forestry Products and Aquatic Products shall perform quarantine of aquatic animals and aquatic animal products for export intended for food;

3. The District Animal Health Service shall perform:

a) Organizing and implementing quarantine of circulating aquatic animal breeds within the country;

b) Monitoring the handling and implementing quarantine of aquatic animals and aquatic animal products used for food in areas or establishments where aquatic animal diseases have been declared according to regulations;

c) Controlling the transportation of aquatic animals and aquatic animal products entering and exiting areas or establishments where aquatic animal diseases have been declared;

d) Monitoring and reporting to the Department of Animal Health and Provincial Departments of Agriculture and Rural Development on the situation of imported aquatic animal diseases following the quarantine period;

đ) Cooperating with animal quarantine agencies under the Department of Animal Health to handle imported aquatic animals and aquatic animal products that do not meet veterinary hygiene conditions;

Article 7. Management of Veterinary Drugs for Aquatic Animals

1. The Department of Animal Health shall perform:

a) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance a list of permitted, restricted, and prohibited veterinary drugs for aquatic animals according to the law;

b) Drafting and submitting to the Minister of Agriculture and Rural Development for issuance regulations on research, testing, trial, evaluation, registration procedures, and recognition of veterinary drugs for aquatic animals permitted for production, import, and circulation in Vietnam; allowing the import of veterinary drugs for aquatic animals not included in the list of permitted circulation in Vietnam according to regulations and authorization from the Minister;

c) Guiding and resolving registration for circulation, export, import, temporary import for re-export, temporary export for re-import, transfer of customs ports, transit, production, trial production, processing, licensing, repackaging, and relabeling of veterinary drugs for aquatic animals; raw materials for veterinary drugs for aquatic animals;

d) Inspecting and issuing certificates of compliance for production, trading, import, and export of veterinary drugs for aquatic animals according to the law;

đ) Directing, guiding, inspecting, supervising, and implementing testing, trials, evaluations, and quality inspections of veterinary drugs for aquatic animals according to the law;

e) Directing, guiding, inspecting the implementation of regulations on trading conditions for veterinary drugs for aquatic animals and the destruction and recall of counterfeit, untraceable, expired, substandard, prohibited, non-listed, unlabeled, or improperly labeled veterinary drugs for aquatic animals;

g) Inspecting and supervising the export, import, temporary import for re-export, temporary export for re-import, transfer of customs ports, transit, production, trial production, processing, licensing, repackaging, circulation, trading, and use of veterinary drugs for aquatic animals;

h) Submitting to the Ministry of Agriculture and Rural Development for establishment and use of national reserves of veterinary drugs for aquatic animals. Guiding the establishment of local reserves of veterinary drugs for aquatic animals, management systems, and usage methods for provincial-level reserves of veterinary drugs;

2. The General Fisheries Administration shall direct, implement guidance, inspection, and supervision of the use of veterinary drugs for aquatic animals in aquaculture nationwide;

3. The District Animal Health Service shall perform:

a) Inspecting and issuing certificates of compliance for trading conditions of veterinary drugs for aquatic animals according to the law;

b) Guiding and inspecting the implementation of regulations on trading conditions for veterinary drugs for aquatic animals and the destruction and recall of counterfeit, untraceable, expired, substandard, prohibited, non-listed, unlabeled, or improperly labeled veterinary drugs for aquatic animals;

c) Inspecting and supervising the implementation of trials and evaluations of veterinary drugs for aquatic animals according to assigned levels;

4. The District Aquaculture Service (or local aquaculture management agency) shall perform: guiding, inspecting, and supervising the use of veterinary drugs for aquatic animals in aquaculture locally.

Article 8. Evaluation and designation of testing laboratories

1. The Department of Animal Health shall perform:

a) Develop and issue guidance documents for evaluating and designating testing laboratories;

b) Review and designate testing laboratories with sufficient capacity in accordance with Circular No. 16/2011/TT-BNNPTNT dated April 1, 2011 of the Ministry of Agriculture and Rural Development on evaluation, designation, and management of agricultural and rural development testing laboratories.

2. The Animal Health Service (or local aquatic animal health management agency) shall perform:

a) Supervise the activities of testing laboratories within their jurisdiction; use the test results from designated testing laboratories as a basis for proposing the declaration of aquatic animal disease outbreaks and the end of such outbreaks in accordance with regulations;

b) Report to the Animal Health Department for prompt handling of testing laboratories that conduct testing for fees without being designated.

Article 9. Practice of Aquatic Animal Health

1. Individuals practicing aquatic animal disease testing, producing, and trading veterinary drugs for aquatic animals must have a practice certificate.

2. The authority to issue aquatic animal health practice certificates is as follows:

a) The Animal Health Department issues practice certificates for production (including export and import), testing, experimentation, and trial of aquatic animal veterinary drugs;

b) The Animal Health Service issues practice certificates for trading (including export and import) of aquatic animal veterinary drugs; practice certificates for aquatic animal disease testing.

3. Conditions and procedures for issuing practice certificates are carried out in accordance with the guidelines stipulated in Chapter V of Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government detailing the implementation of certain provisions of the Veterinary Law and current regulations.

Article 10. International Cooperation in Aquatic Animal Health

1. The Department of Animal Health shall perform:

a) Develop and submit to the Ministry of Agriculture and Rural Development programs and projects for international cooperation in the field of aquatic animal health; participate in negotiations to sign and join international organizations in the field of aquatic animal health according to the division of labor by the Minister;

b) Send disease samples to international reference laboratories; contact and invite international experts to cooperate in diagnosing and identifying new causative agents of aquatic animal diseases;

c) Organize the implementation of international cooperation, international-funded programs, and projects according to the classification by the Minister of Agriculture and Rural Development.

2. The Quality Management Agency for Agricultural and Forestry Products and Aquatic Animals, the General Fisheries Department shall perform:

a) Coordinate with the Animal Health Department to participate in cooperation programs and negotiations to sign and join international organizations in the field of aquatic animal health related to assigned functions and tasks;

b) Organize and implement international cooperation, international-funded programs, and projects according to the classification by the Minister of Agriculture and Rural Development.

Article 11. Inspection and Supervision in Aquatic Animal Health

1. State management agencies responsible for aquatic animal health within the scope and authority assigned in this Circular shall be responsible for inspecting and supervising compliance with regulations by organizations and individuals involved in aquatic animal health activities and handle violations in accordance with the law.

2. Procedures and processes for inspection and supervision shall be carried out in accordance with laws on inspection and other relevant laws.

Chapter III

IMPLEMENTING PROVISIONS

Article 12. This Circular takes effect 45 days from the date of signature.

During implementation, if there are difficulties or obstacles, please report to the Ministry of Agriculture and Rural Development for timely revision and supplementation./.