Report No. 1296/BC-BNN-HTQT dated April 17, 2013 of the Ministry of Agriculture and Rural Development on the contents and measures for managing and supervising the frozen white offal re-import

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Report No. 1296/BC-BNN-HTQT dated April 17, 2013 of the Ministry of Agriculture and Rural Development on the contents and measures for managing and supervising the frozen white offal re-import

To: the Prime Minister

The Ministry of Agriculture and Rural Development received the Notice No. 130/TB-VPCP dated March 27, 2013 about the conclusion of the Deputy Prime Minister Hoang Trung Hai in the meeting with Ministries and agencies on March 20, 2013 about the permission to re-import frozen white offal.

On April 28, 2013, to implement the instructions of the Deputy Minister Hoang Trung Hai, after seeking opinions from other Ministries and agencies, the Ministry of Agriculture and Rural Development had a meeting with its specialized agencies about the management and supervision of frozen white offal when they are permitted to be re-imported, and make a report as follows:

1. The permission to re-import frozen white offal at this time is necessary to:

- Reassert that the SPS measures taken by Vietnam are well-founded and based on scientific evidence; relieve the concerns of the countries relating to the trade policy of Vietnam in which the import ban on white offal is mentioned in the notice of WTO/SPS Committee (G/SPS/GEN/204/Rev.13) and in Chapter III of the draft report on reviewing the trade policy of Vietnam made by WTO Secretariat, and intended to be brought to the hearing in September 2013 in Geneva.

- Facilitate the negotiation on opening up the market for agricultural and forestry products of Vietnam, provide technical support and improve Vietnam’s competence in SPS; in particular: assess the risk to the import of some Vietnam’s tropical fruits, vegetables, and flowers to Australia, the US, and Europe.

- Help control the quality and safety of such goods through official imports.

2. Measures for managing and inspecting when permitting the re-import:

- Agreements on the permission to import: Only permit the import of frozen white offal from the countries that have concluded agreements on the form of the Certificate of export inspection of offal between Vietnam’s the Department Of Animal Health and competent veterinary authorities of the exporting countries. The exporting countries must satisfy Vietnam’s requirements in the Government s Decree No. 38/2012/ND-CP dated April 25, 2012 elaborating the Law of Food safety and the Circular No. 25/2010/TT-BNNPTNT dated April 08, 2010 of the Ministry of Agriculture and Rural Development providing guidance on inspecting food safety and hygiene of imported products of animal origins.

- Importing checkpoints: The Ministry of Industry and Trade and the Ministry of Finance are requested to specify the ports or checkpoints where frozen white offal is imported (Hai Phong Port, Da Nang Port, and Ho Chi Minh city) because those 3 ports satisfy the requirements for preserving frozen containers, and the equipment and technologies of the veterinary authorities at those ports are capable of inspecting food safety and veterinary hygiene.

- Inspection and customs clearance: all shipments of white offal imported to Vietnam shall be kept at the importing checkpoints under the strict supervision of animal inspection authorities and the customs. Carry out organoleptic inspections, test for residues of chemicals, veterinary medicines, heavy metals, and microbiological contamination as prescribed. Only grant the customs clearance after all Vietnam’s food safety requirements are satisfied.

- Methods of sampling and food safety inspection: follow the instructions on sampling animal products and veterinary hygiene inspection in the Official Dispatch No. 1583/TY-KD dated September 21, 2009 of the Department Of Animal Health. The import inspection of white offal shall comply with the Decision No. 15/2006/QD-BNN dated August 03, 2006 of the Ministry of Agriculture and Rural Development on the procedure for inspecting animals, animal products, and veterinary hygiene.

- Management and supervision of white offal shipments imported: follow the instructions in the Official Dispatch No. 1574/TY-KD dated September 18, 2009 on the management, supervisions, handling, and sale of imported frozen and refrigerated animal products that are used as foods.

- Food safety limits: apply the limits on residues of chemicals and antibiotics in the Decision No. 46/2007/QD-BYT dated December 19, 2007 on the maximum limits of biological and chemical contamination in foods. The level of microbiological contamination shall comply with the Circular No. 05/2012/TT-BYT dated March 01, 2012 of the Ministry of Health issuing the National Technical Regulation on microbiological contaminants in foods.

3. Managing and handling violating shipments:

- The imported shipments that fail to comply with the regulations on veterinary hygiene and food safety, or from the countries that have not entered into any agreement on the form of the Certificate of export inspection of white offal, or from the producers that have not been licensed to export to Vietnam shall be re-exported from Vietnam’s territory, or used for other purposes, or destructed.

- The Ministry of Finance is requested to formulate regulations on deposits paid by exporters that will be used as budget for handling the cases in which violations are committed and goods are destructed.

4. Information for partners and the public:

- The Ministry of Agriculture and Rural Development shall send official notices to the parties concerned and issue specific regulations on professional management.

- Provide information, answer enquiries and relieve concerns of the public over the benefits of the permission to re-import white offal to the sale of other agricultural, forestry, and fishery products of Vietnam in order to harmonize the interests of Vietnam and those of international partners.

The above is the contents and managerial measures when permitting the re-import of frozen white offal. The Prime Minister is requested to consider making granting permission in Q2 2013.

The Ministry of Agriculture and Rural Development awaits instructions of the Prime Minister.

For the Minister

Deputy Minister

Vu Van Tam