Decision No. 99/2005/QĐ-TTg Establishing the National Notification and Inquiry Point for Veterinary Public Health and Animal and Plant Quarantine of Vietnam

Pursuant to …;

Establishing the National Notification and Inquiry Point for Veterinary Health and Animal and Plant Quarantine of Vietnam To implement the obligation to provide transparent information on veterinary health and animal and plant quarantine when Vietnam joins the World Trade Organization (WTO);

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

At the request of the Minister of Agriculture and Rural Development and the Minister of Interior Affairs.

Establishing the National Notification and Inquiry Point for Veterinary Health and Animal and Plant Quarantine of Vietnam to assist the Minister of Agriculture and Rural Development in fulfilling the obligations of transparency according to the requirements of the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization (WTO); notifying and answering inquiries about contents and regulations on veterinary health and animal and plant quarantine; requesting member countries of the WTO to provide information on measures, risk assessment procedures, inspection, testing, and other related issues on veterinary health and animal and plant quarantine.

DECISION:

Article 1. The National Notification and Inquiry Point for Veterinary Health and Animal and Plant Quarantine of Vietnam shall be referred to as the SPS Office of Vietnam.

English name for transaction: Vietnam Sanitary and Phytosanitary Notification Authority and Enquiry Point.

The SPS Office of Vietnam is a unit under the Ministry of Agriculture and Rural Development, having legal personality, its own seal, and is allowed to open accounts at State banks and treasuries in accordance with the provisions of the law.

The SPS Office of Vietnam is located at the headquarters of the Ministry of Agriculture and Rural Development, No. 02 Ngoc Ha Street, Ba Dinh District, Hanoi City.

Organizational structure of the SPS Office of Vietnam

Article 2. 1. The SPS Office of Vietnam has a Director and several Deputy Directors. The appointment and dismissal of the Director and Deputy Directors of the SPS Office of Vietnam are carried out by the Minister of Agriculture and Rural Development in accordance with the provisions of the law.

The SPS Office has a number of specialized staff members, and additional staff from units and agencies within the Ministry of Agriculture and Rural Development may be mobilized when necessary to fulfill specific tasks.

2. The SPS Office of Vietnam includes the following departments:

a) Secretariat - Consolidation Department:

The staffing of the Secretariat - Consolidation Department of the SPS Office of Vietnam is included in the total staffing assigned to the Ministry of Agriculture and Rural Development.

b) Inter-ministerial Working Group: consisting of one leader-level officer from the Department or Bureau serving as the representative of the agency and one specialist responsible for implementing notifications and responses or preparing relevant documents as assigned by the Director of the SPS Office of Vietnam.

The Ministers of Health, Fisheries, Science and Technology, Commerce, Industry, and Agriculture and Rural Development are responsible for nominating two officials from each ministry to participate in the inter-ministerial working group and perform tasks within their respective areas of state management according to the coordination regulations and activities of the SPS Office of Vietnam.

The SPS Office of Vietnam has technical support points located at relevant agencies under the Ministry of Agriculture and Rural Development (Animal Health Service, Plant Protection Service), Ministry of Health (Food Safety and Quality Control Service), Ministry of Fisheries (Quality Management, Food Safety and Animal Health Service, Fishery Resources Exploitation and Protection Service), Ministry of Science and Technology (Standardization, Metrology and Quality Control General Administration), and Ministry of Commerce to provide information, answer questions, and notify standards, hygiene, food safety, and quarantine.

Within the scope of their state management responsibilities, relevant ministries are responsible for closely coordinating with the Ministry of Agriculture and Rural Development and the SPS Office of Vietnam; directing, inspecting, and being responsible for resolving matters within their jurisdiction according to the timeframes and forms specified in the Agreement on the Application of Sanitary and Phytosanitary Measures and the WTO Secretariat.

Article 3. Specific tasks of the ministries are defined as follows:

Article 4. - Serving as the focal point for notifications and inquiries according to Article 7 and Annex B of the WTO Agreement on Veterinary Health and Animal and Plant Quarantine.

1. The Ministry of Agriculture and Rural Development:

- Assisting the Government in directing, managing, and coordinating between ministries and sectors in performing state management functions regarding the application of veterinary health and animal and plant quarantine measures in Vietnam.

- Assigning responsibilities to organizations under the ministry, supervising, inspecting, and being responsible for the activities of the SPS Office of Vietnam; leading and implementing notifications and inquiries about contents and regulations on veterinary health and animal and plant quarantine for terrestrial animals, agricultural and forestry products (excluding canned food processed in industry).

2. Ministry of Industry:

Leading and being responsible for preparing and providing materials for notifications and inquiries about contents and regulations on the application of measures related to food hygiene for industrial processed products according to the timeframes and forms specified by the WTO.

3. Ministry of Fisheries:

Leading and being responsible for preparing and providing materials for notifications and inquiries about contents and regulations on the application of measures for aquatic veterinary health and animal and plant quarantine according to the timeframes and forms specified by the WTO.

4. Ministry of Health:

Leading and being responsible for preparing and providing materials for notifications and inquiries about contents and regulations on the application of measures related to food hygiene under the Ministry of Health's jurisdiction according to the timeframes and forms specified by the WTO.

5. Ministry of Science and Technology:

Leading and being responsible for preparing and providing materials for notifications and inquiries about contents and regulations on quality standards related to veterinary health and animal and plant quarantine according to the timeframes and forms specified by the WTO.

6. Ministry of Commerce:

Leading and being responsible for preparing and providing materials for notifications and inquiries about contents and regulations on import and export activities related to veterinary health and animal and plant quarantine according to the WTO regulations.

Take the lead and be responsible for preparing and providing materials to announce and answer questions regarding contents and regulations on the import and export of goods related to epidemiological hygiene and animal and plant quarantine in accordance with the provisions of the WTO.

Article 5. The Minister of Agriculture and Rural Development is responsible for issuing the Rules of Operation and specifying the specific duties and working regulations of the SPS Vietnam Office.

Article 6. The operating funds of the SPS Vietnam Office shall be allocated according to the annual plan and added to the budget of the Ministry of Agriculture and Rural Development.

Article 7. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 8. The Chairman of the National Committee for International Economic Cooperation, the Minister of Agriculture and Rural Development, the Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees under the central government are responsible for implementing this Decision.