Circular 06/2022/TT-BNNPTNT amending Circulars on quarantine of aquatic animals

CIRCULAR

Amending and supplementing a number of articles of Circulars providing regulations on quarantine of aquatic animals and animal products

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

Pursuant to the Law on animal health dated June 19, 2015;

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

The Minister of Agriculture and Rural Development hereby promulgates the Circular amending and supplementing a number of articles of Circulars providing regulations on quarantine of aquatic animals and animal products.

Article 1. Amending and supplementing a number of articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016, of the Minister of Agriculture and Rural Development, providing for the quarantine of aquatic animals and animal products

1. To amend and supplement Point d Clause 2 Article 4 as follows:

“d) A copy of an import permit granted by the Directorate of Fisheries, certified by an enterprise (for aquatic animals that are not included in the List of aquatic animal species permitted for trading in Vietnam as prescribed in Appendix VIII to the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries).”

2. To amend and supplement Point c Clause 5 Article 4 as follows:

“c) A copy of an export permit granted by the Directorate of Fisheries, certified by an enterprise (for aquatic species subject to conditional export as prescribed in Appendices IX and X to the Government’s Decree No. 26/2019/ND-CP dated March 08, 2019, detailing a number of articles of, and measures to implement, the Law on Fisheries).”

3. To add Point b Clause 6 Article 4 as follows:

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

4. To amend and supplement Article 19 as follows:

“Article 19. Quarantine of exported aquatic animals and animal products, carried along by persons or sent by post

1. Before exporting aquatic animals and animal products that are carried along by persons or sent by post, the owners of goods shall send one set of dossiers of registration for export quarantine under Clause 5 Article 4 of this Circular to the animal quarantine agencies at border gates through Vietnam National Single Window or by postal service, public postal service or by email, fax, then send the paper dossiers or submit them directly.

2. Animal quarantine agencies at border gates shall process dossiers in accordance with Point b Clause 2 Article 42 of the Law on Animal Health and conduct the quarantine as follows:

a) For aquatic animals: conducting clinical checks, taking samples for testing diseases upon request of the owners of goods or importing countries;

a) For aquatic animal products: conducting organoleptic test, taking samples for checking veterinary sanitation indicators upon request of the owners of goods or importing countries;

c) Granting export quarantine certificates in accordance with Point c Clause 2 Article 42 of the Law on Animal Health;

d) Guiding the owners of goods to keep and raise aquatic animals, pack aquatic animal products according to regulations, seal or mark them before sending; handling aquatic animals and animal products that fail to meet veterinary sanitation requirements for export.”

5. To amend and supplement Article 20 as follows:

“Article 20. Quarantine of imported aquatic animals and animal products, carried along by persons or sent by post

1. When importing aquatic animals and animal products not for business purposes, the owners of goods shall send one set of dossiers of declaration for import quarantine to the animal quarantine agencies at border gates in accordance with Clause 6 Article 4 of this Circular through Vietnam National Single Window or by postal service, public postal service or by email, fax, then send the paper dossiers or submit them directly.

2. Within 1 working day, after receiving the valid declaration dossiers, the animal quarantine agencies at border gates shall conduct the quarantine as follows:

a) Checking the quarantine dossiers, quarantine certificates of the exporting countries; comparing type, quantity and volume of actually-imported goods;

d) Checking the actual conditions of goods; conditions for keeping and raising aquatic animals; package and storage of aquatic animal products;

c) In case of detecting that the aquatic animals are not included in the List of commonly imported aquatic species, aquatic animals caught with disease; aquatic animal products showing signs of degeneration, failing to meet veterinary sanitation requirements, such animals and products shall be handled, destroyed or returned to the exporting countries;

d) After finishing the check, if the aquatic animals are healthy, meet the veterinary sanitation requirements, are kept and raised according to regulations; are packaged and stored according to regulation, the animal quarantine agencies at border gates shall issue the import quarantine certificates to the owners of goods to carry out the customs or postal procedures.”

6. To amend and supplement Article 21 as follows:

“Article 21. Transportation of aquatic animal specimens

1. Upon requesting to receive the specimens sent to Vietnam from foreign countries or send the specimens from Vietnam to foreign countries, the owner of goods shall have to send an application for quarantine registration made according to the Form No. 06 TS provided in Appendix V to this Circular to the provincial-level Department of Animal Health through Vietnam National Single Window or by postal service, public postal service or by email, fax, then send the original dossiers or submit them directly.

2. Within 5 working days, after receiving the valid registration application, the provincial-level Department of Animal Health shall issue a written approval or disapproval to the owners of goods.

3. Animal quarantine agencies at border gates shall conduct the quarantine of transportation of aquatic animal specimens as follows:

a) Checking the written approval from the provincial-level Department of Animal Health and relevant papers; the status of package and storage of specimens;

b) Within 1 working day, animal quarantine agencies at border gates shall grant transport certificates for specimens with valid dossiers, that are packed and stored according to veterinary sanitation requirements.

The number of transportation certificates to be granted: 2 copies (one to be stored at the animal quarantine agency at border gate, another to be sent to the owner of goods).”

7. To annul Clause 3 Article 4 (which was amended and supplemented under 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 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; hereinafter referred to as Circular No. 36/2018/TT-BNNPTNT); Point c Clause 2 Article 13 (which was supplemented under Clause 6 Article 1 of Circular No. 36/2018/TT-BNNPTNT); Article 14 (which was amended and supplemented under Clause 8 Article 1 of Circular No. 36/2018/TT-BNNPTNT); Clause 4 Article 15 (which was supplemented under 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 (which was amended and supplemented under Clause 10 Article 1 of Circular No. 36/2018/TT-BNNPTNT); Article 18, Point d Clause 1 Article 22 (which was supplemented under Clause 11 Article 1 of Circular No. 36/2018/TT-BNNPTNT).

Article 2. Amending and supplementing a number of appendices and forms of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016, of the Minister of Agriculture and Rural Development, providing for the quarantine of aquatic animals and animal products

1. To amend Section II Part A and Part B of Appendix I as follows:

“II. Aquatic animal products

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

2. Other aquatic animal products subject to quarantine as requested by the importing countries or the provisions of the treaties to which Vietnam has signed or acceded to.

B - List of aquatic animals and animal products exempted from quarantine

1. Imported aquatic animals and animal products through the diplomatic channel.

2. Aquatic animal products imported for use as materials for export processing or export production.

3. Aquatic animal products used as samples.

4. Aquatic animal products imported for display at fairs or exhibitions.

5. Aquatic animal products being exported food that is recalled or returned.”

2. To amend and supplement Appendix IV as follows:

a) To add the ordinal number 9 after the ordinal number 8 in sub-section diseases in crustacean of Aquatic animal diseases in Section I Part A as follows:

“A. Aquatic animals

I. Aquatic animal diseases

b) To supplement the note in Section I Part A as follows:

“Samples for testing for each pathogenic agent of the shipment are pooled samples according to the principle of 5 samples combined into one sample for testing.”

c) To amend and supplement Part B as follows:

“B. Aquatic animal products

I. Test indicators

II. Frequency of sampling and number of samples

1. Frequency of sampling:

Taking samples of 3 (three) consecutive shipments for testing and applying the following regulations:

a) In case where the test results of 3 (three) consecutive shipments are qualified, only one sample of 1 (one) shipment of the next 5 (five) shipments shall be taken randomly for testing. In case where the test result of the selected shipment is unqualified, samples of 3 (three) consecutive shipments shall be taken for testing;

b) In case where the test result of 1 (one) shipment is unqualified, samples of 3 (three) consecutive shipments shall continue to be taken for testing.

2. Number of samples:

a) In case a shipment contains only one commodity item: 5 (five) samples shall be taken and combined into 1 (one) for testing for pathogenic agent indicators in accordance with Clause 1 of this Part (Part B);

b) In case a shipment contains many commodity items: Commodity items with a larger quantity shall be chosen for sampling in accordance with Point a of this Clause, the maximum number of commodity items to be taken for sampling is 3. In case where commodity items of the shipment are of equal quantity, the animal quarantine agency at the border gate shall randomly select the items for sampling.

3. For products from aquatic species other than those specified in Section I of this Part (Part B), the following provisions shall be complied with:

a) The quarantine agency at border gate shall check the quarantine dossiers, actual conditions of 3 (three) consecutive shipments and comply with provisions of Points a and b Clause 1 of this Section;

b) In case the shipment is found to be unsatisfactory in terms of appearance, samples shall be taken to check the physico-chemical criteria, harmful microorganisms, pathogenic agents in accordance with relevant regulations, standards and regulations of Vietnam, international regulations.

4. For a shipment exempted from sampling or inspection of actual conditions of goods, the animal quarantine agency at border gate shall only check the dossiers. If the dossier is qualified, the animal quarantine agency at border gate shall grant the import quarantine certificate (the owner of goods must take responsibility for their imported goods).

5. In case the shipment is found to be unsatisfactory, the animal quarantine agency at border gate shall handle it according to regulations and report to the provincial-level Department of Animal Health.

6. The sampling and testing according to frequency shall be applied to the total shipments imported from January 01 to the end of December 31 of the same year.”

d) To add Part C after Part B as follows:

“C. Based on the epidemic situation of the exporting countries, the provincial-level Department of Animal Health shall provide guidance on the to-be-tested indicators prescribed in Parts A and B of this Appendix.

In case of detecting new diseases that are not included in Part A or B of this Appendix, the provincial-level Department of Animal Health shall report the Ministry of Agriculture and Rural Development for consideration and decision on quarantine indicators.”

3. To replace Form 03 TS provided in Appendix V (Quarantine declaration for imported or exported aquatic animals and aquatic animal products) with Form 03 TS (Quarantine declaration for imported or exported aquatic animals and aquatic animal products) in the Appendix attached to this Circular.

4. To add Clauses 26 and 27 after Clause 25 Section I Appendix V as follows: “26. Decision on handling veterinary sanitation for aquatic animals/aquatic animal products failing to meet veterinary sanitation requirements - Form 26 TS; 27. Record of handling veterinary sanitation for aquatic animals, aquatic animal products - Form 27 TS.”

5. To add Form 26 TS - Decision on handling veterinary sanitation for aquatic animals/aquatic animal products failing to meet veterinary sanitation requirements and Form 27 TS - Record of handling veterinary sanitation for aquatic animals, aquatic animal products - after Form 25 TS of Appendix V (in Appendix attached to this Circular).

6. To add Appendix VII: Procedures for testing and sampling of the shipments of aquatic animal products after Appendix VI in Appendix attached to this Circular.

Article 3. Implementation provisions

1. This Circular takes effect from September 11, 2022.

2. For dossiers of registration and declaration for quarantine of aquatic animals and aquatic animal products that are submitted before the effective date of this Circular, the law provisions at the time of submission shall be applied.

3. This Circular repeals:

a) Circular No. 11/2019/TT-BNNPTNT dated October 22, 2019, of the Minister of Agriculture and Rural Development, amending and supplementing a number of articles of Circular No. 36/2018/TT-BNNPTNT dated December 25, 2018, of the Minister of Agriculture and Rural Development, amending and supplementing a number of articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016, of the Minister of Agriculture and Rural Development, providing for the quarantine of aquatic animals and animal products;

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, providing regulations on recording, submitting reports and diaries on aquatic exploitation; announcement of fishing ports designated for confirmation of aquatic origin from exploitation; list of fishing boats illegally exploiting fisheries; certification of materials and origin of exploited fisheries.

4. The Director of the provincial-level Department of Animal Health, heads of relevant units, organizations and individuals shall be responsible for the implementation of this Circular.

Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration and settlement./.

* All Appendices are not translated herein.