Thông tư 09/2022/TT-BNNPTNT của Bộ Nông nghiệp và Phát triển nông thôn về việc sửa đổi, bổ sung một số điều của các Thông tư quy định về kiểm dịch động vật, sản phẩm động vật trên cạn

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULARS ON QUANRANTINE OF TERRESTRIAL ANIMALS AND ANIMAL PRODUCTS

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 on functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Government’s Decree No. 13/2020/ND-CP dated January 21, 2020 on elaboration of the Law on Animal Husbandry;

Pursuant to the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019 on guidelines for implementation of the Law on Fisheries

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

The Minister of Agriculture and Rural Development promulgates a Circular on amendments to some Articles of Circulars on quarantine of terrestrial animals and animal products

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1. Clause 2 Article 9a shall be amended as follows:

“2. Before the import of animal and aquaculture feeds derived from animals, the goods owner shall submit an application for quarantine to the Department of Animal Health according to regulations of Clause 1, Article 45 of the Law on Veterinary Medicine (a written request made according to Form 19, or Form 20, Appendix V issued together with this Circular). Department of Animal Health shall comply with regulations of Clause 2, Article 46 of the Law on Veterinary Medicine and send the guiding document on quarantine to the goods owner and the animal quarantine authority at the checkpoint of import via the National Single Window Portal (if the application for quarantine is submitted through the National Single Window Portal) or email (if the application for quarantine is submitted by post, public portal, by email/ fax or in person).”

2. Clauses 3, 4 Article 9a shall be amended as follows:

 “3. Before the shipment arrives at the checkpoint of import, the goods owner shall submit the dossiers to the animal quarantine authority at the checkpoint of import via the National Single Window Portal, by post, public portal, by email/ fax with the original application submitted later or in person; The dossiers shall comply with regulations of Clause 2, Article 45 of the Law on Veterinary Medicine (Form 20a, Appendix V issued together with this Circular) and Point b, Clause 3, Article 18 of Decree No. 13/2020/ND-CP; Clause 2, Article 29 of Decree No. 26/2019/ND-CP.

4. The animal quarantine authority at the checkpoint of import shall comply with regulations of Clause 3, Article 9 of this Circular and Clauses 2 and 4, Article 18 of Decree No. 13/2020/ND-CP, Article 29 of Decree No. 26/2019/ND -CP."

3. Point c shall be added after Point b Clause 3, Article 19 as follows:

“c) If there is an agreement between the Department of Animal Health and the competent authority of the exporting country on the electronic certificate of quarantine of animals and animal products, the electronic certificate of quarantine shall be applied.

Article 2. Amendments to some Appendices, Forms of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on the quarantine of terrestrial animals and animal products (amended in Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development)

1. Form 20a (a registration of quarantine and inspection of the quality of imported animal and aquaculture feeds derived from animals) in Appendix V shall be replaced by Form 20a in the Appendix issued with this Circular.

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“1. Table 1: Animal diseases subject to testing.

NO.

Name of diseases

Type of animals;

Purposes

5

African swine fever

Pig

Breeds, slaughter

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

NO.

Names of diseases

Type of animals;

Purposes

9

Peste Des Petits Ruminants

Goat, Sheep

Breeds, ornament or slaughter

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African swine fever

Pig

Breeds, ornament or slaughter

15

Highly pathogenic avian influenza

Chicken, duck, geese, swan, bird

Breeds, ornament or slaughter

21

Lumpy Skin Disease

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Breeds, ornament or slaughter

*Notes:

- According to the epidemic situation of the exporting country, the Department of Animal Health shall guide indicators of diseases subject to testing for quarantine.

- In case of detection of new diseases that falls outside Table 1, Section I of this Appendix, the Department of Animal Health shall report to the Ministry of Agriculture and Rural Development for consideration and decision on indicators of the quarantine of the new diseases.

- The samples shall be randomly taken according to the shipments. The number of samples according to the prevalence of disease is estimated to be 5% (according to Table 2 of this Appendix).

- According to clinical symptoms, the animal quarantine authority at the checkpoint of import shall take samples for testing to check the pathogens as prescribed in Appendix III.”

4. Point c Clause 1 Section II Appendix XII shall be amended as follows:

“c) Pathogens:

Type of products

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I.  High-risk products

1. Meat, organs, offal and chilled/frozen/simply prepared meat products of buffalo, cow, goat and sheep.

Foot-and-mouth disease, brucellosis

2. Meat, organs, offal and chilled/frozen/simply prepared meat products of pig

Foot-and-mouth disease, african swine fever

3. Meat, organs, offal and chilled/frozen/simply prepared meat products of poultry and bird

Highly pathogenic avian influenza, newcastle disease

4. Meat, organs, offal and chilled/frozen/simply prepared meat products of other animals

Quarantine criteria according to the agreement between Vietnam and the exporting country

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Foot-and-mouth disease, brucellosis

6. Fresh poultry eggs.

Salmonella spp.

7. Unprocessed bird's nests

Highly pathogenic avian influenza

II.  Low-risk products

1. Meat, organs, offal and processed meat products of buffalo, cow, goat and sheep.

Foot-and-mouth disease

2. Meat, organs, offal and processed meat products of pig

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3. Meat, organs, offal and processed meat products of poultry and bird.

Highly pathogenic avian influenza, newcastle disease

4. Meat, organs, offal and processed meat products of other animals

Quarantine criteria according to the agreement between Vietnam and the exporting country

5. Milk and processed milk products.

Salmonella spp.

6. Eggs and processed egg products

Salmonella spp.

The sampling according to frequency shall be applied to the total number of the imported batch of commodity from January 1 to December 31 in the same year. The sampling and testing of pathogens shall be applied according to Vietnam's regulations, standards, technical regulations and international regulations.

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5. Points a, b Clause 2 Section II, Appendix XII shall be amended as follows:

“a) Pathogens:

a1) Terrestrial animal products used as animal and aquaculture feeds:

NO.

Type of products

Inspection of pathogens:

1

Products derived from ruminants

Foot-and-mouth disease

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Products derived from pigs

Foot-and-mouth disease, african swine fever

3

Products derived from poultry

Highly pathogenic avian influenza, newcastle disease

a2) Animals, animal products used as animal and aquaculture feeds:

NO.

Type of products

Inspection of pathogens:

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Aquatic animals and animal products

According to the epidemic situation of the exporting country, the Department of Animal Health shall guide the indicators of diseases subject to testing according to regulations of Section A (aquatic animals), Section B (aquatic animal products) Appendix IV issued together with the Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on the quarantine of aquatic animals and animal products.

b) Frequency of sampling

b1) Complete feed, concentrated feed, feed additives and finished aquaculture feed: Take samples of 01 shipment from 05 shipments to inspect pathogens specified in point a of this Clause.

b2) Raw materials derived from animals and used for production of animal and aquaculture feeds: Take samples of each shipment to inspect pathogens specified in point a of this Clause.

b3) Feeds, raw materials specified in points b1 and b2 of this Clause that contain many components from products of different types of animals: Take samples to inspect at most 02 indicators of respective pathogens specified in point a of this Clause.

b4) The sampling and testing of pathogens shall comply with Vietnam's regulations, standards, technical regulations and international regulations”.

6. Section V shall be added after Section IV Appendix XII as follows:

 "V. TAKE TESTING SAMPLES FOR QUANRANTINE

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2. Imported animal products according to regulations of Section II of Appendix XII issued with this Circular:

a) Shipment with 01 to 02 items: Take samples of all items. In case of each item, take 05 samples and combine them into a pooled sample for testing pathogens

b) Shipment with 03 or more items: Take samples of 03 items with the largest quantity/volume. In case of each item, take 5 samples and combine them into a pooled sample for testing pathogens.

3. Principles of sample pooling: Same species, same type of animals, same shipments, same countries and territories.

4. If it is not possible to combine samples for testing according to the pooled samples, the testing of pathogens according to single samples shall be conducted.  

5. Shipment of imported animal products that fails to meet the requirements for organoleptic properties: Take samples to inspect the harmful microorganisms and physicochemical characteristics, pathogens in accordance with relevant regulations and standards of Vietnam, international regulations."

7. Point d, Clause 1, Point d, Clause 2, Section II, Appendix XII issued together with this Circular shall be annulled.

8. Section III, Appendix XII issued together with this Circular shall be annulled.

Article 3. Implementation provision

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2. The application for registration and declaration of quarantine of terrestrial animals and animal products; quarantine and inspection of the quality of imported animal and aquaculture feeds derived from animals before customs clearance with respect to the shipments that have to undergo both animal quarantine and state inspection of quality that has been submitted before the effective day of this Circular shall comply with regulations of the law at the time of submission of application.

3. Article 12 of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development shall be annulled.

4. Article 2 of Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development on amendments to a number of articles of Circular No. 25/2016/TT -BNNPTNT dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development shall be annulled.

5. Director of Department of Animal Health and Heads of units, relevant organizations and individuals shall be responsible for the implementation of this Circular.

Any difficulty or problem that arises during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development (via the Department of Animal Health) for consideration and decision.

PP. MINISTER
 DEPUTY MINISTER



 
Phung Duc Tien