Thông tư 25/2016/TT-BNNPTNT

CIRCULAR

PROVIDING FOR THE QUANRANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS

Pursuant to the Law on Animal Health No.79/2015 / QH13 dated 19/06/2015;

Pursuant to the Law on Food Safety No. 55/2010 / QH12 dated 17/6/2010;

Pursuant to Decree No. 199/2013 / ND-CP dated 26/11/2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Director of Department of Animal Health,

The Minister of Agriculture and Rural Development issues this Circular providing for the quarantine of terrestrial animals and animal products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subject of application

1. Scope of regulation

This Circular guides the provisions in Paragraph 3, Article 37 of the Law on Animal Health as follows:

a) The List of terrestrial animals and animal products subject to the quarantine; the List of terrestrial animals and animal products subject to non-quarantine; the List of terrestrial animals and animal products subject to the analysis of risks before imported into Vietnam; the List of subjects of quarantine of terrestrial animals and animal products;

b) The content and dossier on quarantine of terrestrial animals and animal products transported out of the provincial areas; for export, import, temporary import for re-export, temporary export for re-import, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam and terrestrial animals and animal products carried along; marking and issue of code of terrestrial animals, seal of means of transportation and containers of terrestrial animals and animal products subject to the quarantine.

2. Subjects of application

This Circular applies to the organizations and individuals pertaining to the production, trading and transportation out of the provincial areas; export, import, temporary import for re-export, temporary export for re-import, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam of the terrestrial animals and animal products.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Place of animal isolation for quarantine is a separate area to keep the animals within a definite time for quarantine.

2. Place of isolation for quarantine of animal products is the warehouse and containers for storage of commodities within a definite time for quarantine.

Article 3. List of terrestrial animals and animal products subject to the quarantine; List of terrestrial animals and animal products subject to non-quarantine; List of subjects of quarantine of terrestrial animals and animal products; List of terrestrial animals and animal products subject to the analysis of risks before imported into Vietnam;

1. The List of terrestrial animals and animal products subject to the quarantine is specified in the Appendix I issued with this Circular.

2. The List of terrestrial animals and animal products subject to the non- quarantine is specified in the Appendix II issued with this Circular.

3. The List of subjects of quarantine of terrestrial animals and animal products is specified in the Appendix III issued with this Circular.

4. The List of terrestrial animals and animal products subject to the analysis of risks before imported into Vietnam is specified in Appendix IV issued with this Circular.

Chapter II

QUARANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS

Section 1. QUARANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS TRANSPORTED OUT OF THE PROVINCIAL AREAS

Article 4. Quarantine of terrestrial animals transported out of the provincial areas

1. Before transporting the animals out of the provincial areas, the commodity owners must make registration with the provincial-level Branch having functions of specialized veterinary management or the authorized Station under such Branch (hereafter referred to as the domestic animal quarantine body) and prepare the application for quarantine registration under the Form No.1, Appendix V issued with this Circular.

2. The content of quarantine towards the animals coming from the facilities as stipulated in Paragraph 1, Article 37 of the Law on Animal Health, the domestic animal quarantine body shall:

a) Perform the clinical check;

b) Take specimen for disease testing as stipulated in Appendix XI issued with this Circular;

c) Lead and seal the vehicles containing or transporting the animals;

d) Provide instructions and monitor the commodity owners’ disinfection of vehicles containing or transporting the animals;

dd) Issue of Certificate of quarantine;

e) Inform the domestic animal quarantine body of the place of arrival by email or fax of the following information: Certificate of quarantine number, date of issue, amount of commodity, use purpose, plate number of means of transportation; give a notice right after the issue of Certificate of quarantine towards the animals transported for breed and give a notice on a weekly basis towards the animals transported for slaughtering;

g) Where the animals do not ensure the veterinary hygiene requirements, the animal quarantine body shall not issue the Certificate of quarantine and handle the case according to regulations.

3. The content of quarantine towards the animals which come from the facilities which are recognized to have disease free status or are under disease surveillance with free pathogen or receive the prophylactic vaccines which still have the time of protective immunity with the diseases specified in Appendix XI issued with this Circular. The domestic animal quarantine body shall:

a) Lead and seal the vehicles containing or transporting the animals;

b) Provide instructions and monitor the commodity owners’ disinfection of vehicles containing or transporting the animals;

c) Comply with the provisions specified under Point b, Paragraph 2, Article 39 of the Law on Animal Health;

d) Comply with the provisions specified under Point e, Paragraph 2 of this Article.

4. Quarantine of animals at place of arrival

The domestic animal quarantine body at place of arrival only carries out the quarantine in case of detecting:

a) The animals from other provinces without Certificate of quarantine from the domestic animal quarantine body at place of departure;

b) The invalidity of the Certificate of quarantine of animal;

c) Fraudulent exchange, increase or decrease of animals without permission from the animal quarantine body;

d) The animals with signs of disease or with suspected disease.

Article 5. Quarantine of terrestrial animal products transported out of the provincial areas

1. Before transporting the animal products out of the provincial areas, the commodity owners must make registration with the animal quarantine body and prepare the application for quarantine registration under the Form No.1, Appendix V issued with this Circular.

2. The content of quarantine towards the animals coming from the facilities as stipulated in Paragraph 1, Article 37 of the Law on Animal Health, the domestic animal quarantine body shall:

a) Check the present condition of commodity; packaging and storage of animal products;

b) Take specimen for disease testing as stipulated in Appendix XI issued with this Circular;

c) Lead and seal the vehicles containing or transporting the animal products;

d) Provide instructions and monitor the commodity owners’ disinfection of vehicles containing or transporting the animal products;

dd) Issue the Certificate of quarantine;

e) Where the animal products do not ensure the veterinary requirements, the animal quarantine body shall not issue the Certificate of quarantine and handle the case according to regulations.

g) Summarize and give a notice on a weekly basis to the domestic animal quarantine body at the place of arrival by email or fax of the following information: Certificate of quarantine number, date of issue, type of commodity, amount, use purpose, plate number of means of transportation.

3. The content of quarantine towards the animal products which come from the facilities which are recognized to have disease free status or are under disease surveillance with free pathogen or receive the prophylactic vaccines which still have the time of protective immunity with the diseases specified in Appendix XI issued with this Circular, from the preliminary treatment and processing facilities which are inspected for veterinary hygiene on a regular basis. The domestic animal quarantine body shall:

a) Lead and seal the vehicles containing or transporting the animal products;

b) Comply with the provisions specified under Point e, Paragraph 2 of this Article.

c) Comply with the provisions specified under Point the domestic animal quarantine body, Article 39 of the Law on Animal Health;

d) Comply with the provisions specified under Point g, Paragraph 2 of this Article.

4. Quarantine of animal products at place of arrival

The animal quarantine body at place of arrival only carries out the quarantine of animal products in case of detecting:

a) The animal product from other provinces without Certificate of quarantine from the domestic animal quarantine body at place of departure;

b) The invalidity of the Certificate of quarantine;

c) Fraudulent exchange, increase or decrease of animal products or change of packaging without permission from the animal quarantine body;

d) Animal products with change of quality or with suspected pathogens.

5. Control of transportation of frozen or refrigerated animal products out of the provincial areas for food after import: Comply with the provisions specified in the Appendix XIII issued with this Circular.

Section 1. QUARANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS FOR EXPORT

Article 6. Quarantine of terrestrial animals and animal products for export

1. Before exporting the terrestrial animals and animal products with required quarantine, the commodity owner must register the quarantine with the area animal health Body, the area animal quarantine Branch under the Department of Animal Health or provincial-level Branch having functions of specialized veterinary management authorized by the Department of Animal Health (hereafter referred to as animal quarantine body at border gate) and prepare application for quarantine registration under the Form No.02, Appendix V issued with this Circular.

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. The content of quarantine shall comply with the provisions in Article 42 of the Law on Animal Health.

3. Where the importing country or the commodity owner does not require the quarantine: The commodity owner must carry out the quarantine upon transportation out of the provincial areas as stipulated in Article 4 and 5 of this Circular.

Article 7. Control of terrestrial animals and animal products to be exported at the export border gate

1. The animal quarantine body at border gate shall:

a) Check the Certificate of quarantine for export;

b) Check the clinical symptoms of animals, packaging and storage condition for the animal products;

c) Make certification or issue or change of Certificate of quarantine for export as required by the commodity owner.

2. For the animals and animal products not yet issued with Certificate of quarantine for export, the animal quarantine body at border gate shall comply with the provisions in Article 4 and 5 of this Circular.

Section 3. QUARANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS FOR IMPORT

Article 8. Quarantine of imported animals

1. Before importing the animals, the commodity owner shall send 01 dossier on quarantine registration as stipulated in Paragraph 1, Article 45 of the Law on Animal Health to the Department of Animal Health (the written request is made under the Form No.19 of Appendix V issued with this Circular).

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. The Department of Animal Health shall comply with the provisions in Paragraph 2, Article 46 of the Law on Animal Health. The written approval and instructions on quarantine of the Department of Animal Health shall be sent to the commodity owner and the animal quarantine body at border gate by email.

3. After getting the approval from the Department of Animal Health, the commodity owner shall make the quarantine declaration with the animal quarantine body at border gate according to the provisions in Paragraph 2, Article 45 of the Law on Animal Health (Form No.3 of Appendix V issued with this Circular).

4. The animal quarantine body at border gate shall comply with the provisions specified in Paragraph 3, Article 46 of the Law on Animal Health.

5. Content of quarantine:

The animal quarantine body at border gate shall:

a) Comply with the provisions in Paragraph 1, Article 47 of the Law on Animal Health.

b) Take specimen for disease testing as stipulated in Appendix XII issued with this Circular;

6. Prepare the place for animal isolation and quarantine:

a) The commodity owner shall arrange the place for animal isolation and quarantine;

b) The animal quarantine body at border gate and the Center for Veterinary Sanitary Inspection shall inspect the veterinary sanitary conditions to ensure the animal isolation and quarantine.

Article 9. Quarantine of imported animal products

1. Before importing the animal products, the commodity owner shall send 01 dossier on quarantine registration as stipulated in Paragraph 1, Article 8 of this Circular to the Department of Animal Health (for meat and bone meal, use the Form No.20 of Appendix V issued with this Circular).

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. Comply with the provisions on Paragraph 2, 3 and 4, Article 8 of this Circular.

3. Content of quarantine:

The animal quarantine body at border gate shall:

a) Comply with the provisions specified in Paragraph 2, Article 47 of the Law on Animal Health;

b) Comply with the provisions specified in Appendix XII issued with this Circular.

c) Check the veterinary sanitary conditions of means of transportation and storage of animal products according to regulations.

Article 10. Quarantine of imported animals and animal products carried along

1. The commodity owners shall register the quarantine personally at the animal quarantine body at border gate when carrying along the animals and animal products with the amount and quantity as follows:

a) Animals: No more than 02 units for ornament or for family activities or carried along upon traveling, going on business or transit and not subject to the List of animals banned from import and export according to regulations;

b) Animal products: No more than 05 kg of processed products as food for personal use and not subject to the List of animals banned from import and export according to regulations;

2. The quarantine of animals and animal products specified in Paragraph 1 of this Article is carried out as follows:

a) For animals: Check the Certificate of quarantine of exporting country; clinically check the animals; provide prophylaxis vaccine for the animals which are not prophylactic for dangerous infectious diseases; take specimen of animals suspected with dangerous infectious diseases;

b) For animal products: Check the Certificate of quarantine of exporting country; appearance and packaging condition of animal product;

c) Issue the Certificate of import quarantine for the animals and animal products that have met the veterinary sanitary requirements.

d) Make a record and destroy immediately at the area near the border gate the animals caught with dangerous infectious diseases and the animal products that have not met the veterinary sanitary requirements.

dd) Where the Certificate of quarantine of exporting country is invalid, the quarantine body at border gate shall make a record to temporarily seize the commodities and handle the case according to regulations.

3. The commodity owners must register the import quarantine with the Department of Animal Health as stipulated in Paragraph 1, Article 8 of this Circular when carrying along the animals or animal products not subject to the provisions in Paragraph 1 of this Article.

4. Do not carry along the products of animal origin which are fresh or preliminarily treated.

Article 11. Quarantine of imported animals and animal products for processing the imported commodities

1. The quarantine of imported animals and animal products for processing the imported commodities is carried out according to the regulations on quarantine of imported animals and animal products.

2. The terrestrial animal products, including: Meat, ears, tail, leg, wing of cattle and poultry imported into Vietnam for processing the exported products must be quarantined by the animal health body of the exporting country and issued with the Certificate of export quarantine with the contents: Name and address of exporting company; name and address of production plants; name and address of the company importing the processed products and products of animal origin within the areas and raising facilities without the relevant animal disease for those types of animal according to the regulations of the World Organisation for Animal Health (OIE); the products of animal origin that must be tested before and after slaughtering; the products that are packaged and stored to ensure the veterinary sanitation; the terrestrial animal products are used as food for human being.

3. Only carry out the processing of imported products at the production facilities which have been issued with the Certificate of veterinary sanitary condition and meet the requirements of the importing country.

4. After being processed, the animal products must be quarantine in accordance with the regulations on quarantine of exported animal products upon export.

Article 12. Testing and monitoring of infectious pathogens and residue of toxic substances of animals and animal products imported for food

1. The animals and animal products imported for food must be monitored for their infectious pathogens and residue of hazardous substances, including: heavy metal, pesticide, veterinary medication, growth stimulant and other toxic substances.

2. Take specimen to monitor the indicators as stipulated in Appendix XII issued with this Circular.

Article 13. Notice of violation

When detecting the violation of indicators of the imported batch of commodity, the Department of Animal Health shall give a written notice to the competent animal health Body of the exporting country to request the investigation of cause and take remedial actions and send report to the Department of Animal Health.

Section 4. QUARANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS TEMPORARILY IMPORTED FOR RE-EXPORTED, BORDER GATE TRANSFER, BONDED WAREHOUSE TRANSFER AND TRANSIT IN THE TERRITORY OF VIETNAM

Article 14. Quarantine of terrestrial animals and animal products temporarily imported for re-exported, border-gate transfer, bonded warehouse transfer and transit in the territory of Vietnam

1. Before carrying out the temporary import for re-export, temporary export for re-import, border-gate transfer and transit in the territory of Vietnam of the animals and animal products, the commodity owner shall send 01 dossier on quarantine registration as stipulated in Paragraph 1, Article 48 of the Law on Animal Health to the Department of Animal Health (the written request for quarantine instructions is prepared under the Form No.17 of Appendix V issued with this Circular). The way to send the dossier is by post, email or fax and then send the original or send the dossier personally.

2. The Department of Animal Health shall comply with the provisions in Paragraph 2, Article 49 of the Law on Animal Health. The written approval and quarantine instruction from the Department of Animal Health shall be sent to the commodity owner and the animal quarantine body at border gate by email.

3. After getting the approval from the Department of Animal Health, the commodity owner shall make quarantine declaration with the animal quarantine body at border gate as stipulated in Paragraph 2, Article 48 of the Law on Animal Health (the quarantine declaration is prepared under the Form 03 in Appendix V issued with this Circular).

4. The animal quarantine body at border gate shall comply with the provisions in Paragraph 3, Article 49 and 50 of the Law on Animal Health.

5. In case of change of export border gate when the batch of commodity is transported to the export border gate, the animal quarantine body at the border gate of initial expected re-export shall confirm the consent to transfer to another border gate if the re-export border gate has been approved by the Department of Animal Health in the written quarantine instruction.

Article 15. Quarantine of animals and animal products taken into and out of bonded warehouse

1. The commodity owner shall send 01 dossier on quarantine as stipulated in Paragraph 1, Article 48 of the Law on Animal Health to the Department of Animal Health (the written request for quarantine instructions is prepared under the Form No.17 of Appendix V issued with this Circular).

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. The Department of Animal Health shall comply with the provisions in Paragraph 2, Article 14 of this Circular.

3. Before the commodities are transported to the border gate, the commodity owner shall send 01 dossier on quarantine declaration as stipulated in Paragraph 2, Article 48 of the Law on Animal Health (the quarantine declaration is prepared under the Form No.03 of Appendix V issued with this Circular) to the animal quarantine body at border gate.

4. Before taking the commodities out of the bonded warehouse, the commodity owner shall send the dossier on quarantine declaration to the animal quarantine body at border gate as follows:

a) As stipulated in Paragraph 2, Article 45 of the Law on Animal Health (the quarantine declaration is prepared under the Form No.03 of Appendix V issued with this Circular) for the animal products imported for domestic consumption or as processing material or food processing for export;

b) As stipulated in Paragraph 1, Article 42 of the Law on Animal Health (the quarantine declaration is prepared under the Form No.02 of Appendix V issued with this Circular) for the animals and animal products exported to other countries or foreign cruise ships;

5. The animal quarantine body at border gate shall carry out the quarantine of commodities taken into the bonded warehouse as follows:

a) Issues the Certificate of transportation to the commodity owners to transport their commodities from the import border gate to the bonded warehouse;

b) At the bonded warehouse, the animal quarantine body at border gate shall coordinate with the customs authorities to check the present condition of the batch of commodity and make confirmation so that the commodity owner can take their commodities to the bonded warehouse.

6. The animal quarantine body at border gate shall carry out the quarantine of commodities taken out of the bonded warehouse as follows:

a) As stipulated in Article 9 of this Circular for the animal products imported to be consumed in the country, Article 11 of this Circular for the animal products used as processing material or food processing for export;

b) As stipulated in Article 7 of this Circular for the exported animal products;

c) Where the batch of commodity is taken out of the bonded warehouse in part, the animal quarantine body at border gate shall make reconciliation of amount of commodities in the original Certificate of quarantine of the exporting country, keep a copy in the quarantine dossier. The original Certificate of quarantine of the exporting country shall be recovered by the animal quarantine body at border gate and kept in the dossier of the last export of the batch of commodity.

Section 5. QUARANTINE OF TERRESTRIAL ANIMALS FOR DISPLAY IN FAIR, EXHIBITION, ART PERFORMANCE, SPORTS COMPETITION; QUARANTINE OF TERRESTRIAL ANIMAL PRODUCTS FOR DISPLAY IN FAIR, EXHIBITION, SENDING AND RECEIPT OF SPECIMEN

Article 16. Quarantine of terrestrial animals for display in fair, exhibition, art performance and sports competition; quarantine of terrestrial animal products for display in fair and exhibition

Comply with the provisions in Article 51 of the Law on Animal Health.

Article 17. Transport of specimen

Comply with the provisions in Article 52 of the Law on Animal Health and use the Form No.05 of Appendix V issued with this Circular.

Section 6. FORM OF DOSSIER ON QUARANTINE OF ANIMALS AND ANIMAL PRODUCTS

Article 18. Form of dossier on quarantine of animals and animal products

1. The form of dossier on quarantine registration of animals and animal products shall comply with the provisions specified in Appendix V issued with this Circular.

2. The form of dossier on quarantine of animals and animal products is uniformly used on a national scale.

3. The animal quarantine bodies shall make the printing and use the form of dossier on quarantine according to the current regulations.

4. The organizations and individuals that make the printing, issue and use the form of dossier in contradiction with the provisions in this Circular shall take responsibility before law.

Article 19. Management and use of Certificate of quarantine of animals and animal products

1. The forms of Certificate of quarantine of animals and animal products are printed in black ink on paper A4 with imprinted and black logo of animal quarantine 12 cm in diameter.

2. The Certificate of quarantine of animals and animal products transported out of the provincial areas shall be affixed with seal “ORIGINAL” or “COPY” in red ink in the lower right corner of the “Form:…” (The seal form is specified in Appendix VI issued with this Circular). The number of Certificates of quarantine is issued as follow:

a) The original: 01 original is kept at the animal quarantine body, 01 original is delivered to the commodity owner;

b) The copy: Based on the place of delivery of commodity during the transportation (if any) to issue a maximum of 03 copies to the commodity owner, only 01 copy is issued to each place of delivery of commodity; all copies use the red seal of the competent animal health body which has issued the original.

In case of authorization, the form of Certificate of quarantine of animals and animal products transported out of the provincial areas is used as the Form No.12b and 12d of Appendix V issued with this Circular.

3. The Certificate of quarantine of animals and animal products for export, import, temporary import for re-export, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam is affixed with seal “ORIGINAL” hoặc “COPY” in red ink in the lower right corner of the “Form…”(The seal form is specified in Appendix VI issued with this Circular). The number of Certificates of quarantine is issued as follow:

a) The Certificate of quarantine of animals and animal products for export, import: 03 originals (01 original is kept at the animal quarantine body, 02 originals are delivered to the commodity owner); 02 copies are delivered to the commodity owner;

b) The Certificate of quarantine of animals and animal products for temporary import for re-export, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam: 03 originals (01original is kept at the animal quarantine body, 02 originals are delivered to the commodity owner); 02 copies are delivered to the commodity owner of which 01 copy is re-submitted to the animal quarantine body at import border gate after the batch of commodity has been re-exported out of the territory of Vietnam with the confirmation of the animal quarantine body at export border gate); all copies use the red ink of the competent animal health body which has issued the original.

4. The Certificate of transportation of imported animals and animal products is issued in three copies (01 copy is kept at the animal quarantine body at import border gate, 02 copies are delivered to the commodity owner).

5. The validity period of the Certificate of quarantine of animals and animal products:

a) The validity period of the Certificate of quarantine of animals and animal products transported out of the provincial areas is calculated by the time of transportation of animals and animal products from the place of departure to the destination.

b) The validity period of the Certificate of quarantine of imported and exported animals and animal products is from 30 to 60 days;

c) The validity period of the Certificate of quarantine of imported and exported animals for temporary import for re-export, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam is calculated by the maximum time allowed to stay in the territory of Vietnam.

Chapter III

MARKING AND ISSUING THE CODE OF ANIMALS, SEALING THE MEANS OF TRANSPORTATION AND CONTAINERS OF ANIMALS AND ANIMAL PRODUCTS SUBJECT TO THE QUARANTINE

Article 20. General provisions on marking and issuing the code of animals, sealing the means of transportation and containers of animals and animal products

1. The animals that must be marked and issued with code upon transported out of the provincial areas, exported and imported comprise of: Buffalo, cow, goat, sheep, deer, horse, donkey, mule and pig.

2. The code of the provincial-level Branch having functions of specialized veterinary management as stipulated in Appendix VIIa issued with this Circular.

3. The code of the animal quarantine body at border gate of the Department of Animal Health as stipulated in Appendix VIIb issued with this Circular.

4. The provincial-level Branch having functions of specialized veterinary management shall specify the code for each district, town and provincial city (hereafter referred to as district) and notify the code to the Department of Animal Health and the provincial-level Branches having functions of specialized veterinary management in the country.

5. The Department of Animal Health shall add the code for the animal quarantine bodies at border gate under its management and the provincial-level Branches having functions of specialized veterinary management newly established.

6. Seal the means of transportation and container of animals and animal products: as stipulated in Appendix VIIC issued with this Circular.

Article 21. Marking the animals transported out of the provincial areas

1. When the buffalo, cow, goat, sheep, deer, horse, donkey and mule are transported out of the provincial areas, they must be marked with plastic ear tags. The ear tag is pressed on the inside of the right ear of cattle. The ear tag is defined as follows:

a) The blue ear tag is shown in figure 1 in Appendix VIII issued with this Circular, size: 4 cm (width) x 5 cm (height); there must be the code and number of the cattle on the tag;

b) The code of cattle consists of the code of provincial-level Branch having functions of specialized veterinary management; district code (02 digits); year of ear tagging (the 02 last digits of the year) and the ordinal number of cattle (calculated from 000001 to 999999).

The way to write the code of cattle on the card is specified in Figure 2 in Appendix VIII issued with this Circular;

c) The ink used to write the code of cattle is in black color without blurring and erasure.

2. The pigs transported for breeding purpose or commercial products shall comply with one of the following measures:

a) Ear tagging is done as stipulated in Paragraph 1 of this Article;

b) Tattoo the code of province, district and year on the outside under the right ear of pig. The tattooing of code on the outer skin under the right ear of pig is specified as follows:

The shape and size of digit: The digits used for tattooing on the pig ear are specified in figure 1a or 1b in Appendix VIII issued with this Circular; the needles used to tattoo digits are 6 mm high (from the surface of the tattooing table) and pointed; the digit is 4 – 8 mm wide and 8 – 12 mm high.

The code on pig ear (as in Figure 2a or 2b in Appendix VIII issued with this Circular) is specified as follows: 02 (two) first digits as the code of the provincial-level Branch having functions of veterinary management; 02 (two) next digits as the code of district (place of departure or isolation for quarantine of pig) and the 02 (two) last digits as the 02 (two) last digits of the year to tattoo the code.

c) The ink used to tattoo the code on pig skin must ensure the food safety or no color fading.

3. The means of transportation used to transport pig to the slaughtering facilities must be lead or sealed with seal strip bearing code and number.

4. The cattle which are marked as stipulated in Paragraph 1 and 2 of this Article shall not have to mark again upon quarantine for transportation for consumption if the ink color of cattle code and number is not faded.

5. If the cattle meet the veterinary sanitary requirements after quarantine, the animal quarantine body shall make a list of their code and number (under the form in Appendix IX issued with this Circular) and send with the certificate of quarantine of animals.

Article 22. Marking the imported and exported cattle

1. The imported and exported cattle must be marked with plastic ear tag on the inside of their right ear.

2. The yellow ear tag is shown in figure 3 in Appendix VIII issued with this Circular; there must be the code and number of the cattle on the tag;

3. The code and number of cattle consist of the code of animal quarantine body at border gate of the Department of Animal Health; code of province (place of animal isolation for quarantine for export and import or place of departure of exported animals); year of issuing ear tag and number of cattle.

4. The ink used to write the code and number of cattle on the ear tag is specified under the Point c, Paragraph 1, Article 21 of this Circular.

5. The way to write the code and number of cattle on ear tag (figure 4, Appendix VIII issued with this Circular) is specified as follows:

a) The upper line consists of the code of imported and exported animal quarantine body; 02 (two) next digits as the code of province (place of animal quarantine for import and export or place of departure for exported cattle); 02 (two) last digits are the 02 (two) last digits of the year of issuing ear tag.

Where the imported cattle do not have to be raised in isolation for quarantine, the code of the province which has the border gate which carry out the quarantine procedures for cattle import.

b) The lower line is the number of the cattle (from 000001 to 999999).

6. After being quarantined, the cattle must ensure the veterinary sanitary requirements, the animal quarantine body shall make a list of code and number of cattle (under the form in Appendix IX issued with this Circular) with the Certificate of quarantine of animals.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23. Responsibilities of organizations and individuals

1. Responsibilities of Department of Animal Health:

a) Provides instructions to the animal quarantine bodies to carry out the quarantine of animals and animal products in accordance with the provisions in this Circular.

b) Provides instructions to the organizations and individuals to carry out the quarantine of imported animals and animal products;

c) Provides instructions on printing and use of form of dossier on animals and animal products;

d) Provides instructions on standards, organization of training and issue of quarantine officer card to the officials who are authorized to carry out the quarantine and issue the certificate of animals and animal products that are transported out of the provincial areas;

dd) Takes charge of implementing the provisions under Point a of Paragraph 1 and Point a of Paragraph 2 of Article 59 of the Law on Animal Health;

e) Carries out the regular and irregular inspection towards the domestic animal quarantine body, the quarantine officer shall be authorized in quarantine and issue of certificate of quarantine of animals and animal products transported out of the provincial areas;

g) Announces the List of facilities recognized to have the disease free status in the country.

2. Responsibilities of animal quarantine body at border gate under the management of the Department of Animal Health:

a) Carries out the quarantine and issues Certificate of quarantine of animals and animal products for export, import, temporary import for re-export, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam in accordance with the provisions in this Circular;

b) For animal slaughtering facilities, preliminary treatment and processing facilities of animal products for export which are inspected and monitored by the animal quarantine body at border gate. If the facilities have need for domestic consumption or export to the countries which do not require the export quarantine, the animal quarantine body at border gate which manages those facilities shall issue the Certificate of quarantine according to the quarantine of animal products transported out of the provincial areas.

3. Responsibilities of provincial-level Branch having functions of specialized veterinary management

a) Carries out the quarantine of animals and animal products transported out of province in accordance with the provisions in this Circular and the instructions of the Department of Animal Health;

b) Coordinates with the animal quarantine body at border gate under the Department of Animal Health to inspect the veterinary sanitary conditions of the place of isolation for quarantine of imported animal breed;

c) Carries out the quarantine of animals and animal products for export, import, temporary import for re-export, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam in accordance with the provisions in this Circular at the authorized border gates;

d) Authorizes the animal quarantine officer to carry out the quarantine and issue the Certificate of quarantine of animals and animal products transported out of the provincial areas according to regulations of law.

dd) Takes responsibility for the authorization and regularly provides instructions, inspects and monitors the quarantine and issues the Certificate of quarantine towards the authorized officials;

e) Notifies the relevant bodies and departments of the list of officials authorized to carry out the quarantine and issue the Certificate of quarantine of animals and animal products;

g) Announces and makes report to the Department of Animal Health on the list of facilities in the areas of provinces and cities which have monitored the disease status and receive the prophylactic vaccines which still have the time of protective immunity; the facilities with disease free status and the preliminary treatment and processing facilities which are monitored for animal health.

4. Responsibilities of commodity owners:

a) Comply with regulations of law on animal health and other relevant laws in quarantine of animals and animal products;

b) Make payment of testing and quarantine expenses and the actual expenses for the treatment and destruction of batch of commodity which do not meet the requirements (if any) according to the current regulations.

Article 24. Transitional provisions

The printed forms of Certificate of quarantine of animals and animal products domestically transported according to the provisions in the Decision No. 86/2005/QD-BNN dated 26/12/2005 and the Decision No. 126/2008/QD-BNN dated 30/12/2008 of the Ministry of Agriculture and Rural Development shall be used until the end of 30/06/2017.

Article 25. Effect

1. This Circular takes effect from 15/8/2016.

2. This Circular replaces the following documents:

a) The Decision No. 45/2005/QD-BNN ngày 25/7/2005 of the Minister of Agriculture and Rural Development issuing the List of subjects of quarantine of terrestrial animals and animal products; the List of animals and animal products subject to the quarantine;

b) The Decision No. 47/2005/QD-BNN dated 25/7/2005 of the Minister of Agriculture and Rural Development stipulating the number of animals and quantity of animal products to be quarantined upon transportation out of district and exemption from quarantine;

c) The Decision No. 86/2005/QD-BNN dated 26/12/2005 of the Minister of Agriculture and Rural Development stipulating the Form of dossier on quarantine of animals and animal products; inspection of veterinary sanitation (Decision No.86);

d) The Decision No. 15/2006/QD-BNN dated 08/3/2006 of the Minister of Agriculture and Rural Development stipulating the procedures for quarantine of animals and animal products; inspection of veterinary sanitation (Decision No.15);

dd) The Decision No. 49/2006/QD-BNN dated 13/6/2006 of the Minister of Agriculture and Rural Development issuing the Regulation on marking the cattle domestically transported, exported and imported;

e) The Decision No. 70/2006/QD-BNN dated 14/9/2006 of the Minister of Agriculture and Rural Development on amendment and addition of Decision No. 49/2006/QD-BNN dated 13/6/2006 of the Minister of Agriculture and Rural Development on marking the cattle domestically transported, exported and imported;

g) The Decision No. 126/2008/QD-BNN dated 30/12/2008 of the Minister of Agriculture and Rural Development on amendment and addition of Regulation on form of dossier on quarantine of animals and animal products and inspection of veterinary sanitation issued with the Decision No.86;

h) The Circular No. 11/2009/TT-BNN dated 04/3/2009 of the Minister of Agriculture and Rural Development on amendment and addition of some Articles on the procedures for quarantine of animals and animal products; inspection of veterinary sanitation issued with the Decision No.15;

i) The Circular No. 57/2011/TT-BNNPTNT dated 23/8/2011 of the Minister of Agriculture and Rural Development on addition of some Articles of the Decision No.15.

3. Annul the Article 1 of the Circular No. 53/2010/TT-BNNPTNT dated 10/9/2010 of the Ministry of Agriculture and Rural Development on amendment and addition of some Articles of the Decision No.86 and the Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010.

4. Any difficulty or problem arising during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for timely study and settlement./.

APPENDIX I

LIST OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS SUBJECT TO QUANRANTINE
(Issued together with Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development).

I. ANIMALS

1. Domestic animals including buffalos, cows, donkeys, horses, goats, sheep, pigs, rabbits, dogs, cats and other domestic animals.

2. Domestic fowls including chickens, ducks, geese, turkeys, ostriches, pigeons, quails, pet birds and other species of birds.

3. Laboratory animals including guinea pigs, house mouse, rabbits and other species of laboratory animals.

4. Wild animals including elephants, tigers, leopards, deer, gibbons, orangutans, monkeys, pangolins, lorises, squirrels, weasels, monitor lizards, geckos, pythons, snakes, wild chickens, pheasants, peafowl and other species of wild animals

5. Other animals including bees, silkworms and other insects.

II. ANIMAL PRODUCTS

1. Meats, viscera, by-products and products derived from meats, viscera and by-products of the animals specified in Section I of this List that are fresh, smoked, dried, salted, frozen or canned.

2. Chinese sausages, pates, sausages, hams, fat and other animal products that are preliminary processed or processed.

3. Fresh milk, yogurt, butter, cheese, canned milk, powdered milk, milk powder and dairy products.

4. Fresh eggs, salted eggs, powdered eggs and egg products.

5. Eggs kept for breeding purposes, silkworm eggs; animal embryos and semen.

6. Meat meal, bone meal, blood meal, feather meal and other animal products used as materials; animal feeds, poultry feeds and feeds of aquatic animals containing ingredients derived from animals.

7. Fish meal, fish oil, fish fat, shrimp meal, shell meal and other aquatic products used as materials for processing animal feeds, poultry feeds and feeds of aquatic animals.

8. Medicines derived from animals including snake venom, bee venom, scales of pangolins, bile of bears, animal glues, digestive enzymes and other medicines derived from animal.

9. Animal skins that are fresh dried or salted.

10. Furs and mounted animals of tigers, leopards, civets, rabbits, otters and other animal species.

11. Hair including hair growing on tails of horses, hair growing on tails of cows, hair of pigs, sheep fleeces and hair of other animal species.

12. Feathers including feathers of chickens, ducks, geese, peafowl and other species of birds.

13. Teeth, horns, nails, tusks and bones of animals.

14. Nests and other products of edible birds.

15. Honey, royal jelly and beeswax.

16. Silkworm cocoons.

17. Other animals and animal products that are subject to the quarantine at the request of an importing country or according to the regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.

APPENDIX XII

DISEASES SUBJECT TO MANDATORY TESTING, CRITERIA FOR TESTING FOR IMPORTED ANIMALS AND ANIMAL PRODUCTS, AND THE NUMBER OF SAMPLES TAKEN FOR TESTING PURPOSE
(Enclosed with the Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 by Minister of Agriculture and Rural Development)

I. Animals:

1. Table 1: Diseases subject to mandatory testing for imported animals

*Notes:

- Samples shall be taken by chance from the shipment; the number of samples to be taken according to the estimated prevalence rate is 5% (according to Table 2 hereof).

With regard to cattle imported for breeding purpose, samples shall be taken from the whole herd of cattle for disease testing.

- Other animal diseases shall be tested under provisions in the Appendix III based on clinical symptoms and epidemic status in the exporting country.

- For other types of animals, the Department of Animal Health shall give guidance on sampling for testing for diseases for each specific type of imported animal under regulations of the World Organization for Animal Health and the SPS Agreement.

2. Table 2: Number of samples taken for testing

II. Imported animal products:

1. Animal products imported as foods:

a) Samples shall be taken from each shipment for appearance inspection, testing for microorganism and physicochemical indicators under prevailing national technical regulations and standards;

b) The border-gate animal quarantine agency must promptly submit reports to the Department of Animal Health upon the detection of violating testing samples for issuing notice of violation as regulated by law.

2. Animal feed and feed raw materials originated from imported animals:

Samples shall be taken from each shipment for veterinary hygiene inspection under prevailing national technical regulations and standards on microbiological contaminants, and testing for ruminant DNA in powder feed products originated from countries facing risk of bovine spongiform encephalopathy (BSE) or upon request.

3. In case new regulations on the foregoing indicators are promulgated, new effective regulations shall be applied.

III. Monitoring of infectious pathogens and hazardous residues in animals killed for foods and imported animal products as foods

1. Monitoring indicators and number of samples: Annually, Department of Animal Health shall provide guidance on monitoring indicators and number of samples depending on the reality of infectious pathogens and hazardous residues (including: heavy metal, pesticide, veterinary medication, growth stimulant and other toxic substances) in imported terrestrial animals and animal products.

2. Sampling frequency:

a) Samples shall be taken from one of every six shipments with same category, origin and owner of imported commodity for testing.

b) In case there is any indicator tested fails to meet requirements, the border-gate animal quarantine agency shall increase the sampling rate: samples shall be taken from one of every three shipments for testing for a failed indicator.

c) If such indicator still fails to meet requirements, the border-gate animal quarantine agency shall take samples from all imported shipments for testing.

3. Handling of testing results:

a) If an indicator meets requirements in three consecutive testing times, it is exempted from monitoring in following import shipments until the end of a monitoring period.

b) If samples are taken from all shipments, testing results shall be handled as follows:

- The sampling frequency that samples are taken from one of every six shipments for testing shall be applied if results in three consecutive testing times meet requirements.

- The sampling of all shipments for testing shall be made if testing results of from 01 to 02 shipments fail to meet requirements.

- Suspension of import shall be proposed if testing results of 03 shipments or more fail to meet requirements.

4. Grounds for evaluating testing results of monitored indicators: Regulations, national technical regulations and standards of Vietnam, and international regulations on food safety;

5. The border-gate animal quarantine agency must promptly submit reports to the Department of Animal Health upon the detection of a shipment which fails to meet requirements for issuing notice of violation as regulated by law.

Form 15a

ANIMAL HEALTH CERTIFICATE FOR IMPORT

No.: …………./CN-KDDVNK

Name of owner (or owner’s representative):  ..................................................................

Trading address:  ........................................................................................................

ID Card No.: ……………….  Issued date: ……………….    Issuing authority: ……………….

Tel.: ……………………Fax: ……………………….Email: ………………..............................

Who has imported the following animals:

Total (in words): ...........................................................................................................

Name and address of exporter:  ...................................................................................

...................................................................................................................................

Country of export: ……………………….. Transit country (if any) .....................................

Destination:  ...............................................................................................................

Other relevant things: ...................................................................................................

Relevant documents: ...................................................................................................

...................................................................................................................................

Mean of transport:........................................................................................................

 HEALTH CERTIFICATE 

I, the undersigned quarantine officer, certify that the animals described above:

1. Have enough legal documents as required.

2. Have been tested and shown no clinical sign of infectious diseases on the date of import.

3. The animals described above have been inoculated and have immunity against the following diseases:

a/ ………………………………………………..….Date of inoculation:  ………./………../………         

b/ ………………………………………………..….Date of inoculation:  ………./………../………         

c/ ………………………………………………..….Date of inoculation:  ………./………../………         

4. Mean of transport and other things relating to the animals described above meet requirements on veterinary hygiene and have been disinfected by................... concentration ...................