THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
__________ No. 04/2024/TT-BNNPTNT | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
____________________ Hanoi, April 1, 2024 |
CIRCULAR
Amending and supplementing a number of articles of the Circulars providing for the quarantine of terrestrial animals and animal products
__________________________
Pursuant to Decree No. 105/2022/ND-CP dated December 22, 202,2 of the Government, 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 the Circulars providing for the quarantine of terrestrial animals and animal products.
Article 1. To amend and supplement a number of articles of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016, of the Ministry of Agriculture and Rural Development, providing the quarantine of terrestrial animals and animal products (amended and supplemented under Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, and Circular No. 09/2022/TT-BNNPTNT dated August 19, 2022, of the Minister of Agriculture and Rural Development)
1. To amend and supplement Clause 1, Article 9 as follows:
“1. Before importing the animal products, the goods owner shall send 01 dossier of application for quarantine registration as prescribed in Clause 1, Article 8 of this Circular to the Department of Animal Health (the written application included in a dossier of application for meat and bone meal quarantine registration shall be made using Form 20 provided in Appendix V to this Circular).”.
2. To amend and supplement Point b, Clause 5, Article 19 as follows:
"b) The validity period of the Certificate of quarantine of animals and animal products is 60 days; the validity period of the Certificate of quarantine of exported animals and animal products is 180 days;".
3. To amend and supplement Clause 1, Article 20 as follows:
“1. The following types of animals must be marked and designated codes:
a) Breeding animals (Buffaloes, cows, goats, sheep, deer, horses, donkeys, mules, and pigs) when transported out of the provincial-level locality;
b) Animals (Buffaloes, cows, goats, sheep, deer, horses, donkeys, mules, and pigs) when exported or imported.".
4. To add Clause 7 after Clause 6, Article 22 as follows:
“7. In cases where the imported cattle have been marked or have ear tags, it is not necessary to comply with Clauses 1, 2, 3, 4, and 5 of this Article. The animal quarantine authority at the border gate shall make a list of the codes and designations of imported cattle as prescribed in Clause 6 of this Article (unless otherwise there is a list of codes and designations of cattle attached to the quarantine certificate of the exporting country).".
5. To add Point c and Point d after Point b, Clause 4 of Article 23 as follows:
"c) In cases where a paper dossier is submitted, copies of its component documents, if required, shall be signed by the goods owner and stamped with its seal;
d) The goods owner shall be held liable before the law for the legality and accuracy of his/her/its dossier of application for quarantine registration and declaration.".
Article 2. To amend, supplement, replace, and annul a number of phrases, appendices, and forms of Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016, of the Ministry of Agriculture and Rural Development, providing the quarantine of terrestrial animals and animal products (amended and supplemented under Circular No. 35/2018/TT-BNNPTNT dated December 25, 2018, and Circular No. 09/2022/TT-BNNPTNT dated August 19, 2022, of the Minister of Agriculture and Rural Development)
1. To annul Clause 1a of Article 1, Clause 2a of Article 1, and Article 9a.
2. To replace “When buffaloes, cows, goats, sheep, deer, horses, donkeys, mules are transported out of the provincial areas, they must be marked with plastic ear tags. The ear tag is pressed on the inside of the right ear of cattle. The ear tag is defined as follows:” with “Breeding animals (buffaloes, cows, goats, sheep, deer, horses, donkeys, mules) must be marked with ear tags when transported out of the provincial-level locality. The ear tag is defined as follows:” in Clause 1, Article 21.
3. To replace "Pigs transported for the purpose of breeding and raising for commercial purposes shall be subject to one of the following measures:" with "Breeding pigs when transported shall subject to one of the following measures:" in Clause 2, Article 21.
4. To replace "Identity card number/Passport number/Personal identification number" with "Passport number/Personal identification number" in Form 1, Form 2, Form 3, Form 8, Form 9, Form 14a, Form 14b, Form 15a of Appendix V.
5. To amend and supplement Form 2, Appendix V as follows:
a) To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Type of animal" and the column "Breed" in Section I;
b) To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Name of goods" and the column "Packaging" in Section II;
c) To remove "The application is made into 02 counterparts, of which 01 is kept by the animal quarantine authority and 01 by the goods owner or his/her/its representative" in Form 2, Appendix V.
6. To amend and supplement Form 3, Appendix V as follows:
a) To add Clause "1a. HS code (HS code according to current regulations is 8-digit HS code)" after Clause 1, Form 3, Appendix V;
b) To add Clause 22 after Clause 21 of Form 3 as follows:
“22. Number and date of bill of lading/transport contract (if any):".
7. To remove the following from Form 3, Appendix V:
"CONFIRMATION OF THE CUSTOMS AUTHORITY:
(In cases where the shipment is not allowed to be imported)
The shipment is not allowed to be imported into Vietnam because ...
…, dd ... mm ... yy ...
BORDER GATE CUSTOMS BRANCH OF
………………………
(Signature, seal and full name)
The declaration is made into 03 counterparts;".
8. To replace "DEPARTMENT OF ANIMAL HEALTH - NAME OF ANIMAL HEALTH ORGANIZATION" with "NAME OF ANIMAL HEALTH ORGANIZATION" in Form 13a, Forms 13b, 16a, 16b, Appendix V, and Form 13a, Appendix VI.
9. To remove "DEPARTMENT OF ANIMAL HEALTH" in Form 14a, Form 14b, and Form 15a, Appendix V.
10. To amend and supplement Form 15a and Form 15b, Appendix V as follows:
a) To add Clause 5 after Clause 4 of Form 15a as follows:
“5. Animals have been tested and found negative for the diseases………….. as shown on the test report No. …../…… dated ……………../……………../…………….. of …………….. (if any)”.
b) To add Clause 6 after Clause 5 of Form 15b as follows:
“6. Animal products have been tested and found negative for the diseases………….. as shown on the test report No. …../…… dated ……………../……………../…………….. of …………….. (if any)”.
c) To add "Number and date of bill of lading/transport contract (if any):" between "Relevant documents:" and "Means of transport:" in Form 15a and Form 15b, Appendix V.
11. To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Name of goods" and the column "Quantity" in Form 17 and Form 18, Appendix V.
12. To amend and supplement Form 19, Appendix V as follows:
a) To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Type of animal" and the column "Quantity" in Section I;
b) To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Name of goods" and the column "Quantity" in Section II;
c) To add the phrase "The farm’s name… Address...." after "From Company….address..." in Section I;
d) To replace the phrase "From the production and processing factory (if the animal products are used as food)" with "From the production and processing factory" in Section II.
13. To amend and supplement Form 20, Appendix V as follows:
a) To add the column "HS code (HS code according to current regulations is 8-digit HS code)" between the column "Name of goods" and the column "Quantity" in Form 20, Appendix V;
b) To remove "Location of the Company's animal feed production factory:";
c) To replace the phrase "We commit to only using the Company's imported meat and bone meal to produce feed for the above-mentioned animals at the Company's factory and not using meat and bone meal to produce feed for ruminants, as well as commit to strictly complying with the law regulations on veterinary medicine." with "We commit to not using ruminant meat and bone meal to produce feed for ruminants and commit to strictly complying with the law regulations on veterinary medicine.".
14. To remove the serial number 20a and remove Form 20a in Appendix V.
15. To add Clause 3 after Clause 2, Section I, Appendix XI as follows:
“3. Taking samples for quarantine purposes.
a) For animals transported out of the provincial-level locality as prescribed in Section I of Appendix XI to this Circular: The test sample shall be a pooled sample (05 single samples into 01) for pathogen testing;
b) Principles of pooling samples for testing: only pool single samples of the same animal species, same shipment, and same animal husbandry facility or same animal gathering and trading facility;
c) In cases where it is not possible to pool samples for pooled testing, single samples shall be taken instead for pathogen testing.".
16. To replace the phrase "For breeding" with "For breeding or slaughter" at the serial number 20 of Table 1, Section I, Appendix XII.
17. To amend and supplement Point c, Clause 1, Section II, Appendix XII as follows:
“c) Pathogens:
Product | Pathogens to be checked for |
I. High-risk products | 1. Meat, organs, offal and chilled/frozen/simply prepared meat products of buffaloes, cows, goats, sheep, and deer. | Hoof-and-mouth disease, Brucellosis; Salmonella spp., E.coli (O157:H7) |
2. Meat, organs, offal and chilled/frozen/simply prepared meat products of pigs. | Hoof-and-mouth disease, African swine fever; Salmonella spp., E.coli (O157:H7) |
3. Meat, organs, offal and chilled/frozen/simply prepared meat products of poultry and birds. | Highly pathogenic avian influenza, Newcastle disease; Salmonella spp., E.coli (O157:H7) |
4. Meat, organs, offal, and chilled/frozen/simply prepared meat products of other animals not listed at Points 1, 2, and 3 of the group of high-risk products. | Quarantine parameters as per the agreement between Vietnam and the exporting country |
5. Raw fresh milk. | Hoof-and-mouth disease, Brucellosis |
6. Fresh poultry eggs. | Highly pathogenic avian influenza, Newcastle disease; Salmonella spp. |
7. Unprocessed edible bird's nests. | Highly pathogenic avian influenza, Newcastle disease. |
II. Low-risk products | 1. Meat, organs, offal and processed meat products of buffaloes, cows, goats, and sheep. | Hoof-and-mouth disease |
2. Meat, organs, offal and chilled/frozen/simply prepared meat products of pigs. | Hoof-and-mouth disease, African swine fever |
3. Meat, organs, offal, and processed meat products of poultry and birds. | Highly pathogenic avian influenza, Newcastle disease |
4. Meat, organs, offal, and processed meat products of other animals not specified at Points 1, 2, and 3 in the group of low-risk products. | Quarantine parameters as per the agreement between Vietnam and the exporting country |
5. Milk and processed milk products. | Salmonella spp. |
6. Eggs and processed egg products. | Salmonella spp. |
In addition to the above diseases, depending on the epidemic situation, the Department of Animal Health shall decide on disease parameters for testing in accordance with the regulations and recommendations of the World Organization for Animal Health (OIE/WOAH).
The sampling frequency is applied to the total number of imported shipments from January 1 to December 31 in the same (01) year. Sampling and testing of pathogens are applied in accordance with the regulations, standards, and technical regulations of Vietnam and international regulations.".
18. To replace the phrase "Checking ruminant species’ DNA for animal feed/aquatic feed ingredients/finished feed containing animal products from countries at risk of bovine spongiform encephalopathy or when there is a request for such testing;" at Point c, Clause 2, Section II, Appendix XII with "Depending on the situation of bovine spongiform encephalopathy of the exporting country, in accordance with the Resolutions of the World Organization for Animal Health (WOAH/OIE) on recognizing the disease status of the exporting country, the Department of Animal Health shall guide the inspection and testing of ruminant species’ DNA parameters for raw material powders of animal origin for the production of animal feed;".
19. To add "Appendix XIV: PROCESS FOR INSPECTION AND SAMPLING OF SHIPMENTS OF TERRESTRIAL ANIMAL PRODUCTS" after Appendix XIII to this Circular.
Article 3. Implementation provisions
1. This Circular takes effect on May 16, 2024.
2. Dossiers of application for quarantine registration, quarantine declaration, registration for quality inspection and verification of imported animal feed and aquatic products of animal origin, and dossiers of application for waivers of the State’s quality inspection for imported animal feed and aquatic products of animal origin that were submitted before the effective date of this Circular shall be subject to the law regulations at the time they were submitted.
3. The documented waivers of the State’s quality inspection for imported animal feed and aquatic products of animal origin, which were confirmed by the Department of Animal Health before the effective date of this Circular, shall be valid until the end of their validity periods as specified therein.
Difficulties that arise during the implementation of this Circular should be reported by authorities, organizations, and individuals to the Ministry of Agriculture and Rural Development (via the Department of Animal Health) for consideration and decision./.
| FOR THE MINISTER DEPUTY MINISTER Phung Duc Tien |
Appendix:
APPENDIX XIV: PROCESS FOR INSPECTION AND SAMPLING OF SHIPMENTS OF TERRESTRIAL ANIMAL PRODUCTS
(To Circular No. 04/2024/TT-BNNPTNT dated April 1, 2024, of the Minister of Agriculture and Rural Development)
________________________________
I. OVERALL
1. Interpretation of terms
- Unit load means an independent form of repeated packaging such as a bag, a package, a case, a box, a bottle, a jar, etc. in a shipment.
- Sample means a part representing a shipment.
- Sampling means the employment of technical operations on technical principles, following technical process, and under technical conditions as prescribed to collect samples representing the shipment and showing the actual status of the shipment.
- Single sample (initial sample) means a quantity of product or unit load taken separately at random or intentionally, at the same time at a location of the shipment.
- Pooled sample (grouped sample) includes single samples from the same shipment that are mixed together, from which the characteristics representing the shipment can be obtained.
- Analytical sample (test sample) means a part of the pooled sample used to assess the quality of a specific shipment.
- Retained sample means a sample taken from the pooled sample. In absence of such a pooled sample, a single sample can be retained.
- Average sample means a part of the product of the mixed sample or a number of unit loads taken from the grouped sample.
2. General principles
- Before sampling, it is necessary to check the documents related to the shipment; the actual status of the goods and, if they are qualified, then proceed to sampling.
- To ensure that the sample(s) reflects the general condition of the shipment, it is necessary to ensure the homogeneity of the shipment.
- Sample(s) shall be taken in a scientific, fast, and convenient manner. The sampling process shall be public and transparent and randomness shall be ensured by taking samples at different locations representing the shipment.
- In cases where sample(s) cannot be taken at the border gate, the animal products shall be brought to the animal quarantine authority or the enterprise's warehouse for sampling.
II. PROCESS
1. Preparation
- Before conducting sampling, it is necessary to agree on the time to conduct inspection and sampling with the goods owner or his/her/its representative.
- Prepare all relevant documents and forms, appropriate sampling and sample preservation tools and equipment.
2. Physical inspection
2.1. Check the veterinary hygiene conditions of means of transport, tools for containing goods, and seals.
2.2. Check the actual status of the shipment: storage conditions, packaging, appearance of the products, types and labels of products, and details of the shipment, which must match the documents.
A minimum of 5 locations or random unit loads at different points of the shipment shall be inspected for each type of products. In cases where the shipment contains multiple types of products, a maximum of 03 types of products with the largest quantity/volume shall be inspected and sampled.
For a shipment containing multiple containers and wagons: the sampler shall randomly designate and inspect of between 02 and 04 containers or wagons (not applicable to shipments that must be subject to DNA testing). In case of doubt, the entire shipment can be inspected.
Handling of results: Inspect the actual status of the goods and then, if they are qualified, take samples to check the entities to be quarantined or, if they are not qualified, handle them in accordance with regulations.
3. Sampling
3.1. Quantity and volume of samples
3.1.1. The samples to be taken for pathogen testing as prescribed in Part IV and Part V, Appendix XII to this Circular.
3.1.2. The quantity of samples for DNA testing:
- From 01 container to 05 containers: 01 sample
- From 06 to 10 containers: 02 samples
- From the 10th container, if the quantity of containers increases by between 01 and 05, 01 additional sample shall be taken.
In cases where the shipment is contained in holds or wagons: if the quantity is < 200 tons, 01 sample shall be taken; from 200 to 500 tons, 02 samples shall be taken; over 500 tons, 03 samples shall be taken.
3.1.3. Volume of analytical samples and retained samples must be sufficient for the analysis of the parameters in accordance with regulations and the analytical methodology of the laboratory. In cases where the samples are sent to multiple laboratories, additional volume shall be taken, respectively. The volume of the average sample or the initial sample (in cases where the initial sample is equivalent to the average sample) is of between 500g and 1000g (excluding bones).
3.2. Taking analytical samples
3.2.1. Taking initial samples
a) Regarding packaged shipments
- Shipments packed in packages, cases, boxes, bags, etc.: The initial sample shall be taken from at least 01 unit load but not from more than 05 unit loads by randomly selecting products from the selected packages unless the unit load is small and more must be taken to ensure sufficient volume for testing according to the methodology.
- Liquid and paste products: Single samples shall be taken from at least 03 locations at different depths in the unit load.
b) Regarding bulk shipments (contained in wagons, containers, ship holds, etc.): Initial samples shall be taken from at least 03 different locations of the shipment.
3.2.2. Making a pooled sample
Combine all the initial samples taken to create a pooled sample representing the shipment.
3.2.3. Making an average sample
a) Liquid and paste products: Mix the mixed sample well and extract an amount as an average sample;
b) Fiber, piece, and small pellet products can be divided on the principle of randomness;
c) For large products, the sample can be withdrawn on the principle of randomness (cut into small pieces if necessary);
d) Pre-packaged products: Mix all packages, then randomly withdraw some;
dd) The volume of the average sample must be sufficient for the analysis of the parameters and for retention.
3.2.4. Making an analytical sample
From the average sample, divide into 2 corresponding parts, of which 1 is the analytical sample and one is retained, with the same quantity/volume. The volume of the sample taken must be sufficient for the testing of the parameters and for retention in accordance with the corresponding testing methodology. If it is sent to multiple laboratories, the sample can be divided into more analytical parts. If the test methodology requires a small sample volume, after a test sample that surely represents the shipment is take therefrom, the remaining part shall be returned to the goods owner.
3.2.5. Labeling, packaging, sealing, preserving, and transporting samples
a) Samples must be packaged, sealed, and labeled to ensure confidentiality and avoid confusion;
b) Sample preservation: Samples shall be preserved under conditions suitable for each type of product as the original state.
3.2.6. Written record of sample collection
The written record of sample collection shall be made using Form 06 provided in Appendix V to this Circular immediately after the samples are taken under the witness and with signatures of the goods owner and relevant parties.
Information must be fully and accurately recorded in the written record of sample collection, reflecting the actual status of the shipment such as its packaging, preservation, production date, expiry date, symbol of means of transport, containment, and seal number.
3.2.7. Transporting and sending samples
a) Samples must be transported to the laboratory as quickly as possible by means of transport that ensures no impact on the quality of the samples;
b) Samples sent to the laboratory must be encoded. The container for samples sent to the laboratory must be sealed and protected from the effects of light and temperature on the quality of the samples.
3.2.8. Retaining and destroying samples
Retained samples shall be stored under conditions appropriate to each type of product for 30 days. The volume of the retained sample shall be appropriate to the test methodology.
After the retention period, the retained samples must be destroyed according to the law regulations.
3.2.9. Returning excess animal products after sampling
Excess samples (other than those used for testing) shall be returned after the test results are satisfactory (The template record of excess sample return is attached to this Appendix XIV).
- In cases where sampling cannot be done on-site but the single samples must be brought to a place with sufficient conditions to ensure the quality of the goods to be sampled, after sampling, excess samples shall be returned to the owner and such return shall be recorded in writing.
- In cases where the test methodology requires a small sample volume, after a test sample that surely represents the shipment is take therefrom, the remaining part shall be returned to the goods owner.
Template record of excess sample return
 | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness _____________________ |
RECORD OF EXCESS SAMPLE RETURN
No.………../BB-TLMT
Today, at … : … , dd … mm ..., 20…
At (a place):………………………………………………………….
We are:
1/ Mr./Mrs.: …………………………………………… Position: ……………………
Representative of the animal quarantine authority: ………………………………………………………….
2/ Mr./Ms.: ………………………….., the goods owner (or his/her/its representative)
Business address: ………………………………………………………….
Tel.: ………………………………Fax:…………………Email:…………………..
Hereby unanimously return the excess samples of those taken from the shipment for inspection and testing purposes, as follows:
No. | Name of sample | Unit | Volume of returned sample(s) | Notes |
| | | | |
| | | | |
| | | | |
Total | | | | |
This record is made into 02 counterparts, of which 01 is kept by the animal quarantine authority and 01 by the goods owner or his/her/its representative./.
Goods owner (or representative thereof)
(Signed, full name) | Person returning the sample(s) (Signature and full name) |
Vietnamese
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