Thông tư 06/2022/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 thủy sản

CIRCULAR

ON AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS ON QUARANTINE OF AQUATIC ANIMALS AND PRODUCTS THEREOF

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

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

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

The Minister of Agriculture and Rural Development promulgates a Circular on amendments to the Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 by the Minister of Agriculture and Rural Development on quarantine of aquatic animals and products thereof.

Article 1. Amendments to certain Articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development of Vietnam on quarantine of aquatic animals and products thereof

1. Amendments to Point d Clause 2 of Article 4 as follows:

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2. Amendments to Point c Clause 5 of Article 4 as follows:

“c) A photocopy of aquatic animal export permit granted by the Vietnam Directorate of Fisheries with the enterprise’s certification (for aquatic breeds exported under requirements as specified in Appendices IX and X issued together with Decree No. 26/2019/ND-CP dated March 08, 2019 of the Government of Vietnam providing detailed regulations on certain Articles and implementation guidelines for the Law on Fisheries).”

3. Amendments to Point b Clause 6 of Article 4 as follows:

“In case the Department of Animal Health and competent agencies of the exporting country reached an agreement on the electronic certificate of quarantine, it may be used.”

4. Amendments to Article 19:

“Article 19. Quarantine of aquatic animals and products thereof exported as carry-on luggage or postal packages

1. Before exporting aquatic animals and products thereof as carry-on luggage or postal packages, the goods owner shall send 01 application for export quarantine as prescribed in clause 5 Article 4 hereof to the animal quarantine office at the border checkpoint via the National Single Window Portal or through the postal service, public postal or email, fax then send its physical application or send it in person.

2. The animal quarantine office at the border checkpoint shall process the application according to regulations in point b clause 2 Article 42 of the Law on Animal Health and carry out the quarantine as follows:

a) For aquatic animals: clinical inspection, collection of samples for testing diseases at the request of the good owner or the importing country;

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c) Issuance of the Certificate of export quarantine according to regulations in point c clause 2 Article 42 of the Law on Animal Health;

d) Provision of instructions to the goods owner on keeping the aquatic animals and packaging the aquatic animal products according to regulations, sealing or marking the sent goods; handling of aquatic animals and products thereof that do not meet the veterinary hygiene requirements for import.”

5. Amendments to Article 20:

“Article 20. Quarantine of aquatic animals and products thereof imported as carry-on luggage or postal packages

1. When importing the aquatic animals and aquatic animal products not for commercial purposes, the goods owner shall submit 01 declaration dossier on import quarantine to the animal quarantine office at border checkpoint as prescribed in clause 6 Article 4 of this Circular via the National Single Window Portal or through the postal service, public postal or by email, fax then send its physical dossier or send it in person.

2. Within 01 working day from the day of receiving the valid declaration dossier, the animal quarantine office at border checkpoint shall carry out the quarantine as follows:

a) Check the quarantine dossier and Certificate of quarantine of exporting country; make comparison with the type, amount and quantity of goods actually imported;

b) Check the present conditions of the goods; captive conditions of aquatic animals; packaging and preservation of aquatic animal products;

c) In case of detecting a species of aquatic animal not included in the List of commonly imported aquatic animals, aquatic animals caught with diseases; aquatic animal products having signs of degeneration and not meeting the veterinary hygiene requirements, such aquatic animals shall be destroyed or returned to the exporting country;

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6. Amendments to Article 21 as follows:

“Article 21. Transportation of aquatic animal samples

1. When requesting to receive the sample sent to Vietnam from a foreign country or send the sample from Vietnam to a foreign country, the goods owner shall have to send 01 application for quarantine registration under Form No. 06 TS issued together with Appendix V hereof to the Department of Animal Health via the National Single Window Portal or through the postal service, public postal or by email, fax then send its physical dossier or send it in person.

2. Within 05 working days after receiving the valid application for registration, the Department of Animal Health shall reply to the goods owner with a written approval or disapproval.

3. The animal quarantine office at border checkpoint which carries out the quarantine shall transport the sample as follows:

a) Check the written approval of the Department of Animal Health and other relevant documents; condition of packaging and preservation of the sample;

b) Within 01 working day, issue the Certificate of transportation applicable to the sample with the valid dossier; proper packaging and preservation to ensure the satisfaction of veterinary hygiene requirements.

The Certificate of transportation is granted in 02 copies (01 copy stored at the quarantine office at border checkpoint and 01 copy sent to the goods owner).”

7. Annulment of Clause 3 Article 4 (amended in clause 2 Article 1 of Circular No. 36/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development on amendments to certain Articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development on quarantine of aquatic animals and products thereof; hereinafter referred to as “Circular No. 36/2018/TT-BNNPTNT); point c clause 2 Article 13 (supplemented in clause 6 Article 1 Circular No. 36/2018/TT-BNNPTNT); Article 14 (revised in clause 8 Article 1 of Circular No. 36/2018/TT-BNNPTNT); clause 4 Article 15 (supplemented in clause 9 Article 1 of Circular No. 36/2018/TT-BNNPTNT); clause 4 Article 17, Point a Clause 6 Article 17, point a clause 7 Article 17 (amended in clause 10 Article 1 of Circular No. 36/2018/TT-BNNPTNT); Article 18; point d clause 1 Article 22 (supplemented in clause 11 Article 1 of Circular No. 36/2018/TT-BNNPTNT).

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1. Amendments to section IIpart A and part B of Appendix I as follows;

"II. Aquatic animal products

1. Aquatic animal products (including embryo, egg, sperm and larva of aquatic species) in fresh, chilled or frozen form.

2.  Other aquatic animal products subject to the quarantine at the request of the importing country or as prescribed in the International Treaties in which Vietnam has signed or participated.

B - List of aquatic animals and products thereof subject to non-quarantine

1. Aquatic animals and products thereof imported for diplomatic purposes.

2. Aquatic animal products imported as raw materials for export processing and export production.

3. Aquatic animal products used as testing samples.

4. Aquatic animal products imported for displaying in trade fairs.

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2. Amendments to Appendix IV as follows:

a) Addition of No. 9 to after No. 8 of the part of diseases of crustacean in the Table of diseases of aquatic animals specified in section I part A as follows:

“A. Aquatic animals

I. Diseases of aquatic animals

No.

Name of disease

Pathogen

Type of aquatic animals contracting the disease

Diseases of crustacean

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White tail disease

Macrobrachium rosenbergii Nodavirus (MrNV) Extra small virus (XSV)

Macrobrachium rosenbergii

b) Addition to the note specified in section I of part A as follows:

“The sample for testing each pathogen of the shipment is a pooled sample according to the rule that 05 samples are combined into 01 sample for testing."

c) Amendments to Part B as follows:

“B. Aquatic animal products

I. Indicators for testing

No.

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Pathogen

Type of aquatic animal product obtained from  its families/species (fresh, chilled or frozen product)

1.

Acute hepatopancreatic necrosis disease - AHPND

Vibrio parahaemolyticus carrying virulence genes

Litopenaeus spp., Penaeus spp

2.

Necrotising hepatopancreatitis-NHP

Proteobacteria

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Infectious Hypodermal and Hematopoitic Necrosis Disease

Infectious Hypodermal and Hematopoitic Necrosis Virus (IHHNV)

4.

Infectious Myonecrosis Disease

Infectious Myonecrosis Virus (IMNV)

5.

White Spot Disease

White spot syndrome virus (WSSV)

6.

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Yellow head virus genotype 1(YHV1)

7.

Taura syndrome

Taura syndrome virus (TSV)

8.

Lobster Milky Disease - LMD

Rickettsia-like

Panulirus spp.

9.

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Spring viraemia of carp virus (SVCV)

Cyprinidae

10.

Koi Herpesvirus Disease

Koi Herpesvirus (KHV)

11.

Spring viraemia of carp

Spring viraemia of carp virus (SVCV)

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12.

Tilapia lake virus disease

Tilapia Lake virus (TiLV)

Oreochromis mosambicus, Oreochromis niloticus

13.

Epizootic Ulcerative Syndrome - EUS

Alphanomyces invadans

Other freshwater aquarium fish species

14.

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Infectious salmon anaemia - ISA

Salmo spp., Onchorynchus spp., Salvelinus spp.

15.

Infection with salmonid alphavirus

Alphavirus

16.

Infectious haematopoietic necrosis disease - IHN

Infectious haematopoietic necrosis virus (IHNV)

17.

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Betanodavirus

Epinephelus spp., Lates calcarifer, Rachycentron canadum

18.

Red Sea Bream Iridoviral Disease

Red sea bream iridovisus (RSIV)

19.

Infection with abalone herpesvirus - AbHV

Herpesvirus

Haliotis spp.

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Dermo disease

P. olseni, P. marinus

Oysters and clams

21.

Infection with Batrachochytrium dendrobatidis

Batrachochytrium dendrobatidis

Frogs

22.

White Spot Disease

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Crabs

II. Sampling frequency and sample size

1. Sampling frequency:

Collect samples of 03 (three) consecutive shipments for testing and applying as follows:

a) If the testing results of 03 (three) consecutive shipments show satisfactory indicators, for every 05 (five) next shipments, collect samples of 01 (one) shipment at random for testing; in case the results of the selected shipments show the unsatisfactory indicators, take samples of 03 (three) next shipments for testing;

b) If the testing results of 01 (one) shipment show the unsatisfactory indicators, continue to collect samples of 03 (three) consecutive shipments for testing.

2. Sample size:

a) If the shipment has one article: collect 05 (five) samples and combined them into 01 (one) sample for testing pathogens as prescribed in clause 1 of this part (part B);

b) If the shipment has multiple articles: collect samples from up to 03 articles with the highest quantity according to point a of this clause; in case articles of the shipment have equal quantities, the animal quarantine office at border checkpoint shall collect samples randomly.

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a) The animal quarantine office at border checkpoint shall check the quarantine dossier and conditions of 03 (three) consecutive shipments and comply with regulations in points a and b clause 1 of this section;

b) When detecting a shipment does not meet requirements during physical inspection, collect samples for testing physicochemical indicators, harmful microorganisms and pathogens according to rules, standards, corresponding Vietnamese regulations and international regulations.

4. For a shipment of which samples must not be collected or goods condition must not be checked, the animal quarantine office at border checkpoint shall only check its dossier. If the dossier satisfies the requirements, the animal quarantine office at border checkpoint shall issue an importing quarantine certificate (goods owners must be responsible for their imports by themselves).

5. When detecting a shipment that unsatisfies the requirements, the animal quarantine office at border checkpoint shall handle as per regulation and report it to the Department of Animal Health.

6. Sampling and testing according to the prescribed frequency shall apply to total shipments of imports from January 01 to December 31 of the same year.”

d) Addition of part C to after part B as follows:

“C. In consideration of the epidemic situation of the importing country, the Department of Animal Health shall guide the indicators for testing prescribed in part A and part B of this Appendix.

If a new disease that is not prescribed in part A and B of this Appendix is detected, the Department of Animal Health shall report to the Ministry of Agriculture and Rural Development for consideration and decision of the quarantine indicators.”

3. Replacement of Form 03 TS of Appendix V (Application for quarantine declaration of exported and imported aquatic animals and animal products) by Form 03 TS (Application for quarantine declaration of exported and imported aquatic animals and animal products) specified in the Appendix issued together with this Circular.

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5. Addition of Form 26 TS - Decision on veterinary hygiene handling of aquatic animals/aquatic animal products that do not meet veterinary hygiene requirements and Form 27 TS - Records of veterinary hygiene handling of aquatic animals and products thereof to after Form 25 TS of Appendix V (specified in the Appendix issued together with this Circular).

6. Addition of Appendix VII: Procedures for testing and collecting samples of a shipment of aquatic animal products to after Appendix VI specified in the Appendix issued together with this Circular.

Article 3. Implementation clauses

1. This Circular comes into force from September 11, 2022.

2. Application for and declaration dossier on quarantine of aquatic animals and aquatic animal products submitted before the effective date of this Circular shall comply with the regulations of laws at the date on which these documents are submitted.

3. This Circular annuls:

a) Circular No. 11/2019/TT-BNNPTNT dated October 22, 2019 of the Minister of Agriculture and Rural Development on amendments to some articles of Circular No. 36/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and Rural Development amending certain articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Minister of Agriculture and Rural Development on quarantine of aquatic animals and products thereof;

b) Clause 4 Article 9, point b clause 2 Article 12 of Circular No. 21/2018/TT-BNNPTNT of the Minister of Agriculture and Rural Development on preparation and submission of fishing reports and fishing logbooks; publishing of list of fishing ports designated to issue statement of fishery products processed from catches, and IUU vessel list; validation of catch statements for raw materials and catch certificates.

4. The Director of Animal Health Department and Heads of relevant units, organizations and individuals are responsible for implementation of this Circular.

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PP. Minister
Prime Minister




Phung Duc Tien