Quyết định 62/2002/QD-BNN

DECISION

PROMULGATING THE REGULATION ON ANIMAL EPIDEMIC-FREE ZONES AND ESTABLISHMENTS

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 73/CP of November 1, 1995 stipulating the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Ordinance on Veterinary Medicine of February 15, 1993; and the Government’s Decree No .93/CP of November 27, 1993 guiding the implementation of the Ordinance on Veterinary Medicine;
At the proposal of the director of the Veterinary Medicine Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on animal epidemic-free zones and establishments.

Article 2.- This Decision takes effect 3 months after its signing.

Article 3.- The director of the Ministry’s Office, the director of the Veterinary Medicine Department, the directors of the provincial/municipal Services of Agriculture and Rural Development, the heads of the concerned units and concerned individuals shall have to implement this Decision.

REGULATION

ON ANIMAL EPIDEMIC-FREE ZONES AND ESTABLISHMENTS
(Promulgated together with Decision No.62/2002/QD-BNN of July 11, 2002 of the Minister of Agriculture and Rural Development)

Chapter I

GENERAL PROVISIONS

Article 1.- Application scope and objects

1. Epidemic-free zones (hereinafter abbreviated to EFZs), epidemic-free animal-farming establishments (hereinafter abbreviated to EF establishments), which supply animals and/or animal products for domestic consumption or export, include:

a/ EFZs or EF establishments where an animal species is free from one or several epidemics.

b/ EFZs or EF establishments where several animal species are free from one or several epidemics.

2. Animals and animal products mentioned in this Regulation are those defined in Clauses 1 and 2, Article 2 of the Veterinary Medicine Ordinance, except for aquatic animals.

3. Organizations and individuals that are engaged in activities related to the farming of cattle and/or poultry; producing and/or trading in livestock feed or veterinary drugs; trading in or slaughtering animals, processing and/or trading in animal products in EFZs or EF establishments, must comply with this Regulation.

Article 2.- In this Regulation, the following terms shall be construed as follows:

1. "Epidemic-free zones" are geographical areas where no epidemic case is detected in the duration prescribed for each disease and where veterinary activities can control epidemics, slaughter, trading in and transportation of animals and animal products.

Each EFZ covers a safety area and buffer areas. Buffer areas are those adjacent to a safety area.

2. EF establishments are places where no epidemic case occurs in the duration prescribed for each disease and where veterinary activities can control epidemics, the delivery and receipt of animals and animal products.

3. "Epidemic nidus" means a commune or an establishment engaged in animal-farming and/or slaughtering, or animal-product processing where a contagious or parasitic disease on the list promulgated by the Ministry of Agriculture and Rural Development occurs.

4. "Epidemic surveillance" means the monitoring, examination and evaluation of the nature, causes and spreading modes of diseases throughout the course of farming, transporting and slaughtering animals, processing and trading in animal products as well as the adoption of measures to prevent, check or eliminate each specific disease.

Article 3.- Assignment of responsibilities

1. The provincial/municipal Services of Agriculture and Rural Development shall submit to the People�s Committees of the provinces or centrally-run cities the building up of EFZs and/or EF establishments in their respective localities, and the investment in veterinary activities and other activities in such EFZs and EF establishments.

2. The Veterinary Medicine Department shall have to guide the setting up and expertise of EFZs and EF establishments, and direct the Veterinary Medicine Sub-Departments in setting up and managing the operations of EFZs and EF establishments.

3. The Veterinary Medicine Sub-Departments of the provinces or centrally-run cities shall have to help the district People�s Committees and animal-farming establishments in setting up and managing EFZs and EF establishments, and performing professional and technical operations within their respective competence.

Chapter II

VETERINARY CONDITIONS FOR EPIDEMIC-FREE ZONES AND ESTABLISHMENTS

Article 4.- Veterinary hygiene conditions for EFZs and EF establishments to export animals and animal products include:

1. No case of foot-and-mouth disease (FMD) or pig cholera occurs during the period from the date the last animal falls sick, dies or is destroyed at a zone or establishment to the date such zone or establishment is recognized as an EFZ or EF establishment according to the regulations of the Ministry of Agriculture and Rural Development .

2. The occurrence of other diseases on the Ministry of Agriculture and Rural Development’s list of diseases subject to epidemic declaration does not entail widespread epidemics and diseased animals are promptly destroyed or disposed of as prescribed.

3. The veterinary requirements set in this Regulation regarding the inoculation, quarantine, inspection of veterinary hygiene in slaughtering, processing or trading in animals, animal products or livestock feed or epidemic declaration are fully met.

4. All veterinary hygiene conditions at establishments conducting veterinary medicine-related activities defined in Clause 3, Article 1 of this Regulation under stipulations of the Ministry of Agriculture and Rural Development and specific guidance of the Veterinary Medicine Department are met.

Article 5.- Veterinary hygiene conditions for EFZs and EF establishments to supply animals and/or animal products for domestic consumption include:

1. Satisfaction of all the conditions prescribed in Clauses 2, 3 and 4, Article 4 of this Regulation;

2. Non-occurrence of epidemics which such EFZs and EF establishments request to be recognized free from in the duration prescribed for each zone, nature of each disease or animal species, up to the date of recognition of EFZ or Ef establishment.

Article 6.- Regulations on declaration of diseases and epidemics:

Animal-farming and/or slaughtering establishments, when detecting their animals are infected with diseases or die, shall have to promptly declare such with the local veterinary offices or local administrations, and must not sell, slaughter or market those animals.

Commune or district veterinary offices, when receiving declarations, shall have to promptly inspect and verify declared cases. In cases of suspected infection of FMD, pig cholera or diseases which EFZs or EF establishments have been registered to be free from, they shall have to promptly report them to the provincial/municipal Veterinary Medicine Sub-Departments, and at the same time take and send samples for diagnosis and testing.

Article 7.- Regulations on inoculation

The regime of inoculation against each disease, for each animal species or each vaccine applicable to EFZs or EF establishments which export animals and/or animal products must comply with Decision No.1243/NN-TY/QD of July 24, 1996 of the Ministry of Agriculture and Rural Development.

Article 8.- Regulations on animal quarantine

1. In cases where it is necessary to check the spread of epidemics, the provincial/municipal Services of Agriculture and Rural Development shall propose the provincial People�s Committees to permit the setting up of animal quarantine checkpoints along major traffic routes within buffer areas.

2. Strict control of transportation of animals and animal products, especially those imported into EFZs and EF establishments.

3. There must be quarantine isolation places. The duration for quarantine monitoring and isolation depends on each disease.

4. Quarantine certificates shall be issued only to animals and animal products taken from EFZs and EF establishments.

Article 9.- Regulations on inspection of veterinary hygiene and animal slaughter

1. Livestock feeds must ensure the prescribed quality and meet all the veterinary hygiene standards.

2. The slaughter of cattle for trading purpose must be conducted at slaughter-houses licensed by competent agencies. Cattle to be slaughtered must be controlled by the veterinary offices in charge of animal slaughter.

3. The slaughter of poultry for trading purpose must be strictly controlled by the veterinary offices.

Article 10.- Regulations on diagnosis and testing

1. When animals fall sick or die of suspected infection with dangerous diseases, they must undergo a diagnosis and/or testing by veterinary offices which shall issue diagnosis result slips together with epidemic reports.

2. To conduct serological surveys and evaluations according to regulations of the Ministry of Agriculture and Rural Development.

Article 11.- Regulations on disposal of animals infected with contagious diseases

1. To conduct the slaughter and destruction of animals infected with FMD right after they are detected.

2. To conduct the compulsory slaughter of animals infected with pig cholera.

3. To conduct the compulsory destruction or slaughter of animals infected with other diseases under the veterinary offices instructions and supervision suitable to each disease according to the provisions of the legislation on veterinary medicine.

Chapter III

PROCEDURES FOR REGISTERING AND RECOGNIZING EPIDEMIC-FREE ZONES AND ESTABLISHMENTS

Article 12.- Animal-farming localities and establishments which register to build up EFZs or EF establishments must compile registration dossiers, each comprises:

1. An application for registration of an EFZ or EF establishment (made according to the form set by the Veterinary Medicine Department);

2. An exposition on conditions for EFZ or EF establishment expected to be build up with the following contents:

a/ A report describing EFZ or EF establishment regarding its location, natural geography and husbandry production characteristics;

b/ Veterinary activities at such EFZ or EF establishment;

For each EFZ or EF establishment, there must be a separate exposition.

Article 13.- Places for registering EFZs and EF establishments and registration time limit

1. District-level People’s Committees registering for building of EFZs and animal-farming establishments registering for building of EF establishments shall send dossiers prescribed in Article 12 to the Veterinary Medicine Sub-Departments of the provinces or centrally-run cities.

2. Within 30 days after receiving valid dossiers, the provincial/municipal Veterinary Medicine Sub-Departments shall coordinate with the district People�s Committees and animal-farming establishments in working out schemes for building of EFZs and EF establishments.

Article 14.- Animal-farming localities and establishments which register for recognition of EFZs or EF establishments shall have to carry out the following procedures

1. Compiling registration dossiers, each comprises:

a/ An application for evaluation;

b/ An exposition on conditions of the already built up EFZ or EF establishment.

2. Submitting registration dossiers to the Veterinary Medicine Department

Within 30 days after receiving valid dossiers, the Veterinary Medicine Department shall evaluate the conditions of the concerned EFZs or EF establishments, then notify them of the evaluation results. When the conditions are fully met, the competent agencies shall issue certificates of EFZs or EF establishments to the concerned localities or establishments according to the provisions in Article 17 of this Regulation.

In cases where the evaluation concludes that all conditions for EFZs or EF establishments are not met, the concerned localities or establishments may request the re-evaluation after they modify or improve unsatisfactory contents in the previous evaluation.

Article 15.- Setting up of delegations for evaluating EFZs and EF establishments

1. The Veterinary Medicine Departments shall have to decide on setting up of evaluation delegations.

2. Evaluation delegations, as decided by the director of the Veterinary Medicine Department, shall be composed of officials from the units in charge of veterinary operations and techniques related to the to be-evaluated contents.

Article 16.- Tasks of evaluation delegations

1. To inspect conditions of EFZs or EF establishments requested to be recognized.

2. To evaluate the situation of epidemics, transportation of cattle within the zone as well as export or import thereof with other localities or foreign countries.

3. To determine the capability of agencies responsible for EFZs and EF establishments.

4. To make evaluation reports and proposals at one of the following levels:

a/ Level A: The standards regarding the inspected contents for EFZs or EF establishments are fully met. The evaluation delegation shall propose the recognition of EFZs or EF establishments.

b/ Level B: The standards are not yet fully met. The evaluation delegation shall request the improvement of some contents before they are requested to be re-evaluated.

c/ Level C: The standards are not met. The evaluation delegation shall request the continuation of activities of building up EFZs or EF establishments.

Article 17.- Competence to issue certificates of recognition of EFZs and EF establishments

The Veterinary Medicine Department shall issue certificates of recognition of urban districts, rural districts or animal-farming establishments as EFZs or EF establishments at the proposals of the Veterinary Medicine Sub-Departments of the provinces and centrally-run cities.

Article 18.- Management of EFZs or EF establishments

1. A certificate of recognition of EFZ or EF establishment shall be valid for 2 years from the date of issuance and the issuance thereof shall be notified to the provinces and cities throughout the country. Three months before the expiry of such certificate, the concerned unit shall have to send an application for re-evaluation to the Veterinary Medicine Department. Certificates of recognition shall be withdrawn by competent agencies if the recognized EFZs and EF establishments fail to ensure all the prescribed conditions in the duration of recognition.

2. The Veterinary Medicine Department shall organize the revaluation of EFZs or EF establishments within 2 months after receiving re-evaluation applications, with the following contents:

a/ Examination of veterinary hygiene conditions of animal-farming establishments.

b/ Serological testing of diseases subject to the epidemic-free registration and those contagious to human being.

c/ Inspection of the work of inoculation, quarantine and slaughter control.

Article 19.- Responsibilities of the State management agencies in charge of veterinary medicine toward EFZs and EF establishments

1. The Veterinary Medicine Department shall have to:

a/ Instruct and direct Veterinary Medicine Sub-Departments in building up EFZs and EF establishments.

b/ Evaluate EFZs and EF establishments.

c/ Issue decisions to recognize EFZs and EF establishments.

d/ Supervise, inspect and examine EFZs and EF establishments.

2. The Veterinary Medicine Sub-Departments of the provinces and centrally-run cities shall have to:

a/ Coordinate with the concerned local agencies and animal-farming establishments in building up EFZs and EF establishments.

b/ Propose the Veterinary Medicine Department to recognize EFZs and EF establishments.

c/ Supervise, inspect and examine veterinary activities at EFZs and EF establishments.

3. Units designated by the Veterinary Medicine Department to evaluate or conduct diagnosis or testing regarding EFZs and EF establishments shall be held responsible before law for their conclusions.

Article 20.- Responsibilities of organizations and individuals engaged in activities related to animal farming and veterinary medicine at EFZs and EF establishments

1. Establishments farming animals, processing livestock feed, slaughtering animals and/or trading in animal products in EFZs or EF establishments must comply with all provisions of the veterinary medicine legislation applicable to EFZs and EF establishments.

2. Organizations and individuals in other localities that conduct activities related to EFZs and EF establishments must abide by regulations applicable to EFZs and EF establishments.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 21.- Implementation responsibilities

The director of the Veterinary Medicine Department shall, within the ambit of his/her functions, tasks and powers, have to guide the implementation of this Regulation.

Any problems arising in the course of implementation of this Regulation should be reported to the Ministry of Agriculture and Rural Development (the Veterinary Medicine Department) for study and solution.