Decree No. 119/2008/ND-CP dated November 28, 2008 of the Government amending and supplementing a number of articles of the Government’s Decree No. 33/2005/ND-CP dated March 15, 2005, detailing the implementation of a number of articles of the Ordinance on animal health

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 33/2005/ND-CP OF MARCH 15, 2005, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON ANIMAL HEALTH

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government

At the proposal of the Minister of Agriculture and Rural Development,

DECREES:

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 33/2005/ND-CP of March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Animal Health, as follows:

1. Article 30 is amended and supplemented as follows:

Declaration of quarantine of terrestrial animals and products thereof

1. When transporting or circulating within the country terrestrial animals or animal products on the list of animals and animal products subject to quarantine, goods owners shall declare and send quarantine dossiers, made according to a set form, to provincial-level state agencies in charge of animal health. The quarantine declaration is stipulated as follows:

a/ Making declaration at least two days before transportation, if animals have been subjected to compulsory preventive measures under regulations and still stay immune; between 15 and 30 days in

b/ Making declaration at least two days before transportation, if animal products have been tested for veterinary sanitation or are sent by post; seven days in advance, if animal products have not yet been tested for veterinary sanitation.

Within one working day after the receipt of a valid dossier, the dossier-receiving agency shall certify the quarantine registration and notify the place and time of quarantine.

Within one working day after animals or animal products are brought to the prescribed place, the animal quarantine agency shall conduct quarantine.

2. When importing, temporarily importing for re-export, temporarily exporting for re-import, transferring out of border gates or transiting through Vietnamese territory animals or animal products on the list of animals and animal products subject to quarantine or alien animals which are not found in Vietnam or products thereof, goods owners shall send quarantine registration dossiers, made according to a set form, to the Animal Health Department.

Within five working days after receiving a valid dossier, the Animal Health Department shall notify the goods owner of the quarantine agency which shall conduct the quarantine and, at the same time, send this notice to the concerned animal quarantine agency for conducting quarantine.

3. When exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring out of border gates or transiting through Vietnamese territory animals or animal products, goods owners shall make declaration to animal quarantine agencies assigned by the Animal Health Department for quarantine. The quarantine declaration is stipulated as follows:

Within one working day after the receipt of the goods owner’s declaration, the animal quarantine agency assigned by the Animal Health Department shall notify the goods owner of the place and time of quarantine, the border gate of importation, the border gate of exportation and other relevant regulations for cases of transit through the Vietnamese territory of animals or animal products.”

2. Article 31 is amended and supplemented as follows:

Declaration of quarantine of aquatic and amphibian animals and products thereof

1. When transporting and circulating within the country animals and animal products on the list of animals and animal products subject to quarantine, goods owners shall declare and send quarantine dossiers, made according to a set form, to provincial-level state agencies in charge of animal health. The quarantine declaration is stipulated as follows:

Within one working day after the receipt of a valid dossier, the dossier-receiving agency shall certify the quarantine registration and notify the place and time of quarantine.

Within one working day after animals or animal products are brought to the prescribed place, the animal quarantine agency shall conduct the quarantine.

2. When importing, temporarily importing for re-export, temporarily exporting for re-import, transferring out of border gates or transiting through the Vietnamese territory animals and animal products on the list of animals and animal products subject to quarantine or alien animals which are not found in Vietnam and products thereof, goods owners shall send quarantine registration dossiers, made according to a set form, to the Animal Health Department or the Department for Management of Agricultural, Forestry and Fishery Product Quality.

Within five working days after receiving a valid dossier, the Animal Health Department or the Department for Management of Agricultural, Forestry and Fishery Product Quality shall notify the goods owner of the quarantine agency which shall conduct the quarantine and, at the same time, send the notice to the concerned animal quarantine agency for conducting quarantine.

3. When exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring out of border gates or transiting through the Vietnamese territory animals or animal products, goods owners shall make declaration to animal quarantine agencies assigned by the Animal Health Department or the Department for Management of Agricultural, Forestry and Fishery Product Quality for quarantine. The quarantine declaration is stipulated as follows:

Within one working day after the receipt of the goods owner’s declaration, the animal quarantine agency assigned by the Animal Health Department or the Department for Management of Agricultural, Forestry and Fishery Product Quality shall notify the goods owner of the place and time of quarantine, the border gate of importation, the border gate of exportation and other relevant regulations for cases of transit through the Vietnamese territory of animals or animal products.”

3. Clause 2 and Clause 4, Article 57 is amended and supplemented as follows:

“2. Organizations and individuals that register for circulation of veterinary drugs, biologicals, microorganisms or chemicals for veterinary use shall submit registration dossiers to the Animal Health Department; for biologicals, microorganisms, chemicals and environmental treatment and improvement substances for use in aquaculture, dossiers shall be sent to the Aquaculture Department as prescribed at Point b, Clause 1, Article 40 of the Ordinance on Animal Health.

For those not subject to testing or assay, one set of dossiers is required; for those subject to testing or assay, two sets of dossiers are required.

For cases of import, a dossier set in Vietnamese and an impart registration application are required, enclosed with the product circulation permit, the manufacturer’s GMP certificate or ISO certificate and the product quality analysis card granted by competent authorities of the manufacturing country.

4. Within 40 days after the receipt of a valid dossier, the Animal Health Department or the Aquaculture Department shall appraise the dossier and set up a specialized scientific council to approve the dossier and propose the Minister of Agriculture and Rural Development to recognize and make additions on a quarterly basis to the list of veterinary drugs and the list of biologicals, microorganisms and chemicals for veterinary use permitted for circulation in Vietnam.

4. Clause 2, Article 58 is amended and supplemented as follows:

“2. Within 40 days after the receipt of a valid dossier, the dossier-receiving agency shall appraise the dossier and give the results.”

Article 2. Implementation effect

This Decree takes effect 15 days after its publication in “CONG BAO.”

Article 3. Implementation responsibility

1. The Minister of Agriculture and Rural Development shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People’s Committees, and concerned organizations and individuals shall implement this Decree.