Chương II Luật Thú y 2015: Phòng, chống dịch bệnh động vật

Chapter II

PREVENTION AND FIGHTING AGAINST ANIMAL EPIDEMICS

Section 1. GENERAL REGULATIONS ON PREVENTION AND FIGHTING AGAINST ANIMAL EPIDEMICS

Article 14. Contents of the prevention and fighting against animal epidemics

1. The application of prophylactic measures, the diagnosis, treatment; monitoring, warnings of raising environment; supervision, warnings about the epidemic; inspections of the epidemic; analysis of the risk; control of animal epidemics.

2. The cleaning, decontamination, disinfection of raising environment.

3. Foundation of animal epidemic-free zones/establishments; programs and plans for controlling and erasing a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans.

4. Accurate, sufficient and prompt provision of information about animal epidemics, supportive policies in prevention and fighting against animal epidemics.

5. Propagation, dissemination and training of measures for prevention and fighting against animal epidemics.

Article 15. Prevention of animal diseases

1. Raising places and raising tools shall be cleansed and decontaminated, disinfected, and have vector removed periodically after each raising period; raising places shall be conformable to local planning or approved by a competent agency.

2. Waste from animal raising shall be treated according to the law provisions on environmental protection. Regarding closed aquaculture system, water supply for animal raising shall assure the quality; waste water, waste matter shall be treated before being discharged to ensure veterinary hygiene and shall be in accordance with the law provisions on environmental protection.

3. Stud and feed used in animal raising shall be epidemic-free, ensure veterinary hygiene and shall conform to the law provisions on livestock breeds and the law provisions on animal feed.

4. Compulsory preventive measures for dangerous infectious diseases shall be adopted to animals at the request of veterinary authorities.

5. The expenses of compulsory preventive vaccine in the emergency programs for control and elimination of animal epidemics, prevention and fighting against epidemic shall be covered by the state budget; veterinary authorities are responsible for formulating and requesting competent authorities to approve and organizing the plan on use of vaccine against animal diseases.

6. Responsibilities of the Minister of Agriculture and Rural development:

a) Promulgate the List of animal diseases subject to outbreak declaration; the List of diseases capable of transmitting between animals and humans; the List of diseases

b) Issue the compulsory prophylactic measures; veterinary hygiene standards and environmental hygiene in animal raising; requirements on animals/animal products for transporting out of epidemic zones;

c) Decide the use of veterinary drugs that have not been registered for sale in Vietnam for emergencies for prompt prevention and fighting against animal diseases;

d) Establish procedures and application documents for recognition of animal epidemic-free zone/establishment.

Article 16. Supervision of animal diseases

1. Supervision of animal diseases is for promptly discovery of diseases that are likely to cause serious damage to economy and society, pathogens of dangerous infectious animal disease and diseases capable of transmitting between animals and humans.

2. The animal disease supervision program shall be issued by competent agencies for a number of dangerous infectious animal diseases to encourage the owners of animals, owners of animal-raising establishments to be initiative in prevention and fighting against animal diseases.

3. Owners of animal-raising establishments shall:

a) Carry out the supervision of animal diseases in the establishment according to the guidance of veterinary authorities;

b) When participating in the animal disease supervision program prescribed in clause 2 of this Article, the owner of animal-raising establishment shall comply with the requirements of the veterinary authorities and may transport animals/animal products out of the epidemic zones according to the guidance of veterinary authorities;

c) Supervise and record the animal raising and prevention and fighting against animal diseases;

d) Report to the authorities and veterinary authorities if an animal is determined carrying pathogens on the List of animal diseases subject to outbreak declaration and the List of diseases capable of transmitting between animals and humans and take the handling measures according to the regulations.

4. The facilities in charge of conducting testing and diagnosing the animal disease shall report to the authorities and veterinary authorities if a pathogen on the List of animal diseases subject to outbreak declaration and the List of diseases capable of transmitting between animals and humans is determined.

5. Veterinary authorities shall:

a) Build up the animal disease monitoring program during the raising, transport, slaughter, trade or import of animals/animal products on the basis of the situation of the animal epidemics;

b) Initiatively inspect and collect specimens for animal disease monitoring;

c) Periodically or irregularly conduct supervision of infectious diseases capable of transmitting between animals in the wild and animals raised at wild animal-raising establishments, zoos, bird gardens, biodiversity sanctuaries, nature reserves;

d) On the basis of the supervising result and the epidemiological characteristics of animals, provide forecasts/warnings about a number of dangerous infectious animal diseases and provide guidelines for prevention and fighting against the diseases. If a disease capable of transmitting between animals and humans is discovered, the veterinary authority shall promptly reported to the medical agency of the same level and provide warnings for farmers and the community to initiatively isolate the infected animals and prevent the disease from transmitting to humans;

dd) Build up and manage the database system about the supervision of animal diseases and the information on forecast/warnings about animal diseases; accept and provide feedback on animal diseases;

e) Grant the certificates of participation in the program on animal disease monitoring ensuring the safety.

Article 17. Animal epidemic-free zones/establishments

1. Requirements for recognition as animal epidemic-free zones/establishments:

a) Conformable to the prophylactic measures specified in Article 14 and clauses 1, 2, 3, 4 and 5 Article 15 of this Law;

b) Carrying out the supervision of animal disease as prescribed in clause 3 Article 16 of this Law;

c) The animal disease applying for recognition has not been discovered for a time period regulated for specific disease and specific type of animal;

d) The veterinary activities on such zones/establishments can surely control the animal epidemic.

2. The animal epidemic-free zones/establishments shall receive incentives in the selection of provision of stud, animals and animal products.

3. The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this Article.

Article 18. Control and erasure of a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans

1. Programs and plans shall be built for the control and erasure of a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans in different stage.

2. Contents of the control and erasure of a number of dangerous animal infectious diseases:

a) The conduction researches and inspections to discover pathogens of dangerous infectious animal diseases; the analysis and assessment of risk of animal diseases;

b) The early discovery of animal diseases to promptly stamp out the disease to avoid widely spreading;

c) The adoption of compulsory prophylactic measures to animals including using vaccine, cleansing, decontaminating, disinfecting the raising areas, destructing and compulsory slaughtering (applicable to infected animals) and other compulsory technical measures at the request of veterinary authorities;

d) The supervision of animal diseases and provide warnings about the spreading of the diseases;

dd) The propagation, provision of training and guidance for relevant organizations/individuals on prevention and fighting against a number of dangerous infectious animal diseases;

e) The enlargement and maintenance of animal epidemic-free zones/establishments.

3. Contents of the control and erasure of a number of diseases capable of transmitting between animals and humans:

a) The conduction of researches and inspections to discover the pathogens of diseases capable of transmitting between animals and humans;

b) The control of the pathogens to prevent the spread of the diseases;

c) The adoption of compulsory prophylactic measures to animals including using vaccine, cleansing, decontaminating, disinfecting the raising areas, destructing and compulsory slaughtering (applicable to infected animals) and other compulsory technical measures at the request of veterinary authorities and medical agencies;

d) The supervision of the diseases capable of transmitting between animals and humans; the establishment of a system providing information and warnings about the risk of transmission between animals and humans;

dd) The provision of information and report of the situation of the diseases between the veterinary authorities and the medical agencies in the fighting and handling of the diseases;

e) The propagation and provision of training and guidance for relevant organizations/individuals on the initiative prevention and fighting against the diseases capable of transmitting between animals and humans according to the guidance of veterinary authorities and medical agencies.

4. Responsibilities of the Minister of Agriculture and Rural development:

a) Build up programs and plans on control and erasure of a number of dangerous infectious animal diseases and diseases capable of transmitting between animals and humans and request the Prime Minister to approve;

b) Steer the implementation of the compulsory measures to control and erase the dangerous infectious animal diseases; diseases capable of transmitting between animals and humans;

c) Annually assess the situation of animal diseases, the control and erasure of animal diseases and report to the Prime Minister.

5. The Minister of Health shall preside over and cooperate with the Minister of Agriculture and Rural development in processing the information relating to diseases capable of transmitting between animals and humans; promptly organize the treatment for the infected people; provide the outbreak declaration according to the law provisions on prevention and fighting against infectious diseases.

6. The Minister of Finance shall ensure the finance for the programs/plans specified in point a clause 4 of this Article.

7. The President of the People’s Committee at all levels shall organize the implementation of programs/plans on control and erasure of a number of dangerous infectious animal diseases and diseases capable of transmitting between animals and humans.

Article 19. The report, diagnosis and inspection of animal diseases

1. Owners of domestic animals, owners of animal-raising establishments, individuals practicing veterinary service who discover animals being infected, dead or suspected of an infectious disease shall immediately report to veterinary staff of communes, People’s Committees of communes or the nearest veterinary authority .

2. Veterinary staff of communes who discovers or receives information about animals that are infected, dead or suspected of an infectious disease shall:

a) Examine the information, carry out clinical diagnosis, assist veterinary authority to collect the specimens;

b) Provide owners of domestic animals, owners of animal-raising establishments with guidance on the implementation of measures prescribed in clause 1 Article 25 and clause 1 Article 33 of this Law;

c) Report the cases to People’s Committees of communes, veterinary authorities of districts.

3. Veterinary authorities of districts that receive information about animals that are infected, dead or suspected of an infectious disease shall:

a) Verify the information, make clinical diagnosis

b) Harvest the specimens to discover pathogens;

c) Provide guidance on prevention and fighting against animal diseases;

d) Report the cases to People’s Committees of districts, veterinary authorities of provinces.

4. The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this Article.

Article 20. Treatment of animal diseases

1. Animals suspected of infection shall be examines, isolated and promptly treated, except for cases banned from treatment or slaughter and cases subject to compulsory destruction according to the regulations promulgated by the Minister of Agriculture and Rural development.

2. Any owners of domestic animals, owners of animal-raising establishments, veterinary staff of communes, individuals practicing as a veterinarian who treats animals in an epidemic hotspot or epidemic zones shall comply with the guidance of veterinary authorities; carry out the cleansing, decontamination and disinfection and comply with the regulations on prevention and fighting against the animal epidemic.

3. The use of veterinary drugs in the treatment for infected animals shall conform to the provisions of clause 1 Article 104 of this Law.

Article 21. Treatment of animals

1. Any organizations/individuals that raises or uses animals shall:

a) Carry out the management, care, bringing up and transport according to specific type of animals;

b) Reduce the pain, fright and treat the animals humanely during the raising, transport, slaughtering, destruction of animals and, the prevention and treatment for animals diseases and scientific research.

2. Any organizations/individuals raising animals for ornamental purposes or for biodiversity conservation shall take care of and bring up animals, promptly provide animals with prevention and treatment for animal diseases according to the regulations in this Law.

Article 22. Reserve and use of veterinary drugs on the List of national reserve goods

1. Regarding the reserve of veterinary drugs on the List of national reserve goods:

a) The Minister of Agriculture and Rural development shall request the Prime Minister to prescribed the quantity and types of national reserve veterinary drugs;

b) The veterinary drugs on the List of national reserve goods shall be managed and used according to the legislations on national reserve.

2. Regarding the use of veterinary drugs on the List of national reserve goods:

a) In case of natural disasters/animal diseases and according to the request of Presidents of the People’s Committees of provinces, the Minister of Agriculture and Rural development shall give decision on the dispersion of veterinary drugs on the List of national reserve goods for the prevention and fighting against the animal diseases with value appropriate to the competence in spending from the budget regulated by the Minister of Finance in the Law on the State budget and report to the Prime Minister, concurrently notify the Ministry of Finance about the dispersion of national reserve veterinary drugs; ultra vires cases shall be reported to the Prime Minister for consideration and decision.

b) Presidents of the People’s Committees of provinces shall direct the receipt, reserve and use of veterinary drugs on the List of national reserve goods for prompt and appropriate prevention and fighting against the animal diseases and report to the Minister of Agriculture and Rural development the results of the use of veterinary drugs on the List of national reserve goods that are provided for the local governments.

3. People's Committees of provinces shall allocate the reserve veterinary drugs from local budget to carry out the prevention and fighting against the animal diseases.

Article 23. Funds for the prevention and fighting against animal diseases

1. Funds for the prevention and fighting against animal diseases shall cover the expense on the following activities:

a) Prevention advertisement fighting against animal diseases;

b) Elimination of damage from animal diseases;

c) Remediation of animal-raising environment.

2. Funds for the prevention and fighting against animal diseases shall be subsidized by:

a) The State budget;

b) Owners of animals/animal-raising establishments;

c) Vietnamese or foreign organizations/individuals, international organizations and other lawful sources according to the laws.

3. The Government shall regulate the mobilization, management and use of funds for the prevention and fighting against animal diseases.

Article 24. Steering committee in charge of the prevention and fighting against animal diseases

1. Steering committee in charge of the prevention and fighting against animal diseases at all levels shall be established when the animal disease is declared.

2. The Prime Minister shall provide the regulations on the establishment and operation of the Steering committee in charge of the prevention and fighting against animal diseases at all levels.

Section 2. PREVENTION AND FIGHTING AGAINST DISEASES OF TERRESTRIAL ANIMALS

Article 25. Handling of epidemic hotspots of terrestrial animals

1. Responsibilities of owners of animals/animal-raising establishments:

a) Immediately isolate the infected animals or animals suspected of infection;

b) Do not slaughter, trade or dump infected animals, animals denoting infection, dead animals, animal products carrying diseases into the environment;

c) Carry out the cleansing, disinfection, decontamination, compulsory slaughter of infected animals, animals suspected of infection and dead animals according to the guidance of veterinary authorities and the legislations on environmental protection;

d) Provide accurate information about the animal diseases at the request of veterinary authorities and veterinary staff of communes;

dd) Facilitate the inspection of competent agencies.

2. Responsibilities of veterinary staff of communes:

a) Guide the owners of animals, owners of animal-raising establishments to comply with the regulations in clause 1 of this Article;

b) Carry out the prevention, fighting, diagnosis, treatment for animal diseases, harvest pathology specimens according to the guidelines of veterinary authorities;

c) Report to Presidents of People’s Committees of communes the situations of animal diseases.

3. Responsibilities of People’s Committees of communes:

a) Propagate the information about prevention and fighting against animal diseases in local areas;

b) Direct the veterinary staff of communes and relevant organizations/individuals to conduct inspections and supervisions of owners of animals/animal raising establishments in the isolation of infected animals, reckon up the amount of infected animals, animals susceptible to animal diseases, cooperate with veterinary authorities of communes in harvesting pathology specimens;

c) Organize the prevention of diseases by vaccine, provide fighting and treatment for animal diseases according to the guidelines of veterinary authorities;

d) Make decision and steer the destruction of animals in the epidemic hotspots; conduct the cleansing and decontamination of animals/animals products raising/slaughtering/trading areas;

dd) Control the transport of animals/animal products into or out of epidemic hotspot.

4. Responsibilities of People’s Committees of districts:

a) Allocate the funding for treating epidemic hotspots;

b) Request veterinary authorities of districts, steer the relevant specialized divisions to determine epidemic hotspots, issue announcement via means of media in local areas and provide guidelines for the implementation of veterinary hygiene measures in raising, slaughtering, transport and trade of animals/animal products;

c) Steer People’s Committees of communes to comply with the regulations on clause 3 of this Article.

5. People's Committees of provinces shall direct the inferior People’s Committees and relevant specialized divisions in the treatment of epidemic hotspots, allocate the funding, subsidize the owners of animals, owners of animal-raising establishments having animals subjects to destruction.

Article 26. Declaration about the epidemics of terrestrial animals

1. Principle of declaration about the epidemics of terrestrial animals:

a) The declaration about an animal epidemic shall be issued if the disease is subject to outbreak declaration and shall be issued intra vires, publicly, accurately and promptly;

b) Within 24 hours since the application for declaration on an animal epidemic is received, competent persons specified in clauses 4 and 5 of this Article shall issue the decision on the declaration on animal epidemic.

2. An epidemic of terrestrial animals shall be declared if all of the following conditions are met:

a) There is a hotspot of a disease on the List of animal diseases subject to outbreak declaration that tends to quickly spread out a large area or there is the discovery of a new agent of an infectious disease;

b) A diagnosis by an agency competent in animal disease diagnosing and testing is issued determining that the disease is on the List of animal diseases subject to outbreak declaration or is a new agent of an infectious disease.

3. The declaration about the diseases of terrestrial animals shall include:

a) The name of the disease or the new agent of an infectious disease; species of the infected animal;

b) The time when the animal epidemic occurs or the time when the new agent of the infectious disease is discovered;

c) The epidemic zones, high-risk zones, buffer zones;

d) Preventive measures for animal diseases.

4. Competence in issuance of the declaration about epidemics of terrestrial animals:

a) Presidents of People’s Committees of districts are in charge of giving decision on the announcement about animal epidemics on the basis of the request of veterinary authorities of districts if all the conditions specified in clause 2 of this Article are met and the epidemics occur within a district;

a) Presidents of People’s Committees of provinces are in charge of giving decision on the announcement about animal epidemics on the basis of the request of veterinary authorities of provinces if all the conditions specified in clause 2 of this Article are met and the epidemics occur in multiple districts in a province.

5. The Minister of Agriculture and Rural development are in charge of giving decision on the announcement about animal epidemics on the basis of the request of Department of Animal Health if all the conditions specified in clause 2 of this Article are met and the epidemics occur in multiples provinces; supervising, inspecting, expediting and monitoring the outbreak declaration of Presidents of People’s Committees of districts/provinces.

6. If the animal epidemic spreads out widely, seriously threatening human life or causes serious damage to economy and society, the Minister of Agriculture and Rural development shall report to the Prime Minister for requesting regulatory agencies to issue the declaration about the emergency according to the law provisions on emergency.

Article 27. Fighting against epidemics of terrestrial animals in epidemic zones

1. When issuing the declaration about an animal epidemic, persons competent to announcing the epidemic shall direct relevant organizations/individuals to:

a) Determine the limits of epidemic zones, epidemic threatened zones and buffer zones; place the signboards, checkpoints, guide the travel and transport of animals/animal products across the epidemic zones;

b) Forbid the irrelevant people from entering the areas having infected or dead animals; limit the travel into or out of the epidemic zones; apply prophylactic measures on animals according to the regulations;

c) Forbid the slaughter, transport or sale of animals susceptible to the declared animal epidemic and derivatives thereof in the epidemic zones, except for the transport of animals/animal products that is permitted according to the decision of the Minister of Agriculture and Rural development;

d) Immediately carry out the prevention using vaccine or apply the compulsory prophylactic measures on animals in the epidemic zone that are susceptible to the declared animal epidemic; provide treatment or carry out the compulsory slaughtering or destruction of infected animals or animal products carrying pathogens according to the guidelines of veterinary authorities;

dd) Conduct the cleansing, decontamination, disinfection of raising facilities, grazing areas for infected animals, equipment and tools used in animal raising and waste matters according to the guidance of veterinary authorities.

2. Responsibilities of the Minister of Agriculture and Rural development:

a) Direct People's Committees of provinces having epidemics to mobilize the resources in local areas to promptly raise a blockade, control and stamp out the epidemic, prevent the spread of the epidemic; supervise, monitor and expedite the fighting against the animal epidemic of People's Committees of provinces having epidemic;

b) Request the Prime Minister to give decision on the support to the prevention and fighting against animal diseases and provide the support;

c) Report to the Prime Minister the results of the prevention and fighting against animal epidemic, results of the implementation of the policies on support to the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising after the epidemic.

3. Responsibilities of People’s Committees of provinces:

a) Direct People’s Committees of districts, veterinary authorities of provinces and relevant agencies, organizations and individuals to take measures for preventing and fighting animal diseases; mobilize the local resources to carry out the prevention and fighting against animal diseases; conduct inspections of the prevention and fighting against animal diseases;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemic in local areas;

c) Direct the implementation of policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

d) Request the Minister of Agriculture and Rural development to request the Prime Minister to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Minister of Agriculture and Rural development the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

4. Responsibilities of People’s Committees of districts:

a) Direct and organize the performance of measures for prevention and fighting against animal diseases according to the direction of Presidents of the People’s Committees of provinces;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemic in local areas;

c) Carry out the policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

d) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Presidents of the People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

5. Responsibilities of People’s Committees of communes:

a) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of superior levels;

b) Direct the destruction of dead animals, infected animals; the compulsory slaughtering of infected animals; the cleansing, decontamination, disinfection;

c) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

d) Carry out the policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

dd) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Presidents of People’s Committees of districts the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

6. Responsibilities of Department of Animal Health:

a) Provide local veterinary authorities with guidelines on measures for prevention and fighting against animal diseases; assist local governments in preventing and fighting against animal diseases, inspecting the epidemics, assessing the epidemic hotspots;

b) Determine the pathogens of animal infectious diseases, applicable to new infected cases with unidentified causes.

7. Local veterinary authorities are responsible for giving People’s Committees of the same levels advices and guidance on the implementation of measures for prevention and fighting against animal diseases, determination of damage from animal epidemic, supervising, collecting and assessing the effect of the prevention and fighting against animal diseases and making reports according to the regulations.

8. Responsibilities of veterinary staff of communes:

a) Comply with the direction of People’s Committees of communes and veterinary authorities in the prevention and fighting against animal epidemic;

b) Handle hotspots of animal disease according to the regulations in clause 2 Article 25 of this Law;

c) Provide guidance and participate in the implementation of measures of cleansing, decontamination and disinfection so as for preventing the spread of animal diseases;

d) Reckon up the number of animals that are being raised, animals that are infected, dead or destroyed according to the guidance of veterinary authorities.

9. Responsibilities of owners of animals/animal-raising establishments:

a) Treat epidemic hotspots according to the regulations in clause 1 Article 25 of this Law;

b) Take measures for prevention and fighting against animal diseases at the request of People’s Committees at all levels, veterinary authorities at all levels and veterinary staff of communes;

c) Pay the cost for the elimination and compensation for the damage from their violations against the laws on prevention and fighting against animal diseases according to the provisions of laws.

Article 28. Prevention and fighting against epidemics of terrestrial animals in high-risk zones

1. People’s Committees at all levels shall direct the relevant organizations to:

a) Control the transport into or out of high-risk zones the animals susceptible to the declared animal epidemics and products thereof;

b) Strictly control the slaughter and transport of animals/animal products in high-risk zones;

c) Organize the epidemic prevention by vaccine and take the compulsory prophylactic measures on animals susceptible to the declared animal epidemics;

d) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas.

2. If an animal epidemic occurs in the border region of the neighboring country, Presidents of the People’s Committees of provinces shall take the following measures and immediately report to the Minister of Agriculture and Rural development:

a) Issue an declaration of high-risk zone for the area within a radius of 5 km from the border and implement the measures specified in clause 1 of this Article;

b) Give decision on checkpoints and animals/animal products forbidden from transport through the checkpoints;

c) Give decision on the ban of transport of animals susceptible to the animal epidemic occurring in the neighboring country and products thereof in Vietnam’s territory within the epidemic period;

d) Direct the relevant agencies to conduct inspections and control strictly the activities relating to animals/animal products in high-risk zones; carry out the cleansing, decontamination, disinfection of people and vehicles across the checkpoints.

3. Responsibilities of owners of animals/animal-raising establishments:

a) Carry out the prevention of diseases by vaccine and other prophylactic measures for animal diseases according to the guidance of veterinary authorities;

b) Carry the cleansing, decontamination and disinfection of animal-raising areas, raising tools and raising environment;

c) Comply with the measures for prevention and fighting against animal disease at the request of competent agencies.

Article 29. Prevention and fighting against epidemics of terrestrial animals in buffer zones

1. People’s Committees at all levels shall direct the relevant organizations to:

a) Inspect and control the slaughter, transport and trade of animals/animal products;

b) Regularly supervise and monitor animals susceptible to the animal epidemic.

2. Guide the owners of animals, owners of animal-raising establishments to comply with the regulations in clause 3 Article 28 of this Law.

Article 30. Compulsory handling of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases

1. Compulsory handling measures for infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases include:

a) Compulsory destruction;

b) Compulsory slaughtering.

2. The Minister of Agriculture and Rural development, the President of the People’s Committee at all levels, within their tasks and powers, shall decide the handling measures specified in clause 1 of this Article.

3. The state shall subsidize the compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases. In specific stage, the Prime Minister shall detail the subjects and level of subsidies to the compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans.

4. Requirements of compulsory slaughtering of animals:

a) The compulsory slaughter of animals shall be carried out at slaughterhouses designated by veterinary authorities of provinces and all animal health measures shall be adopted in these houses in accordance with regulations;

b) Vehicles for transport of animals for compulsory slaughter must have close floors so that waste matters do not drop on road and shall be cleansed and disinfected immediately after transportation;

c) Slaughtering places, slaughtering tools, wastes of animals subjected to compulsory slaughter must be treated and disinfected immediately after slaughter;

d) Meat of animals subjected to compulsory slaughter must not be used fresh but must be treated to satisfy veterinary hygiene standards according to the regulation;

dd) Sub-products and other products of animals subjected to compulsory slaughter, bedding and waste matters of such animals shall be destroyed or buried.

5. The compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases shall comply with the law provisions on veterinary medicine, prevention and fighting against infectious diseases and environmental protection.

6. Owners of animals, owners of animal-raising establishments having animals subject to destruction/slaughtering shall:

a) Carry out the compulsory destruction/slaughtering of animals and consumption of animal products from compulsory slaughtering according to the guidance of veterinary authorities;

b) Comply with the regulations in clause 1 Article 25 of this Law.

7. Every year, People's Committees of provinces shall distribute the provisional fundings for the slaughter of animals, subsidies for owners of animals, owners of animal-raising establishments having animals subject to destruction to control the animal epidemic quickly and effectively without damage to the environment.

8. The Minister of Agriculture and Rural development shall provide guidance for clause 1, 4 and 5 of this Article.

Article 31. Declaration about the end of diseases of terrestrial animals

1. Conditions for declaration about the end of a disease of terrestrial animals:

a) Within the duration specified for particular disease from the day on which last infected animal die or are compulsorily destroyed, slaughtered or fully recover, there is not any other animal infected or dying of the declared epidemic;

b) Prevention by vaccine or other compulsory prophylactic measures have been adopted to animals susceptible to the declared animal epidemics in the epidemic zones/high-risk zones;

c) Cleansing and disinfection measures have been taken in epidemic and high-risk zones to satisfy the veterinary hygiene standards;

d) An application for declaration about the end of the animal epidemic has been made by a veterinary authority and appraised and approved by a superior veterinary authority.

The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this clause.

2. Persons competent to issue the declaration about animal epidemics specified in Article 26 of this Law are competent to issue the declaration about the end of the animal epidemics if all the conditions specified in clause 1 of this Article are satisfied.

Section 3. PREVENTION AND FIGHTING AGAINST DISEASES OF AQUATIC ANIMALS

Article 32. Observing and warning about aquaculture environment

1. Responsibilities of owners of animal-raising establishments:

a) Supervise, monitor and inspect the environmental criteria in aquaculture areas and records sufficiently the collected information/figures;

b) Present information and figures about environmental observation, prevention of epidemics of aquatic animals at the request of competent agencies.

2. Competent aquaculture specialized agencies shall preside over and cooperate with veterinary authorities in carrying out the following activities:

a) Build up and submit to competent authorities the plans on observing and warning about aquaculture environment for approval;

b) Carry out or cooperate with organizations/individuals in charge of observing aquaculture environment in carrying out the plans on observing and warning about aquaculture environment to promptly discover the disadvantaged signs of the environment to request the owners of aquaculture establishment to promptly make adjustment.

3. People's Committees of provinces shall grant approval, distribute fundings and direct the implementation of the plans on observation and warning about aquaculture environment.

4. Responsibilities of the Minister of Agriculture and Rural development:

a) Provide guidance and organize the observation, forecasting and warning about aquaculture environment; handling and elimination of environmental varies in raising areas;

b) Appoint the eligible organizations/individuals to participate in the observation and warning about aquaculture environment and send the results to veterinary authorities and aquaculture specialized agencies.

Article 33. Handling of hotpots of epidemic of aquatic animals

1. Responsibilities of owners of aquaculture establishments:

a) Do not discharge the untreated or unconformably treated waste water and waste matter to the environment;

b) Do not dump the infected animals, animals suspected of infectious diseases or dead animals to the environment;

c) Provide treatment, collect or treat the infected animals, animal suspected of infectious diseases or dead animals and take other measures according to the guidance of veterinary authorities;

d) Report the epidemics of aquatic animals according to the regulations in clause 1 Article 19 of this Law; provide information about epidemics of aquatic animals at the request of veterinary authorities and veterinary staff of communes;

dd) Conduct the cleansing, decontamination, disinfection of raising environment, aquaculture tools according to the guidance of veterinary authorities;

e) Treat and/or destroy aquatic animals to avoid the spread of epidemics;

g) Facilitate the inspection of competent agencies.

2. Responsibilities of veterinary staff of communes:

a) Comply with the regulations in points a and c clause 8 Article 27 of this Law; provide guidance and monitor the implementation of measures prescribed in clause 1 of this Article;

b) Reckon up and report the scale of aquaculture, the amount of animals; amount of aquatic animals being infected.

3. veterinary authorities shall conduct inspections, make reports and proposal for handling measures for hotspots of epidemics of aquatic animals specified in clauses 6 and 7 Article 27 of this Law.

4. Responsibilities of People’s Committees of communes:

a) Provide announcement promptly and exactly about the animal epidemic situations in local areas on the basis of the conclusions of regulatory bodies in charge of making diagnosis and testing for animal diseases on the List of animal diseases subject to outbreak declaration and according to the request of veterinary staff of communes;

b) Supervise and issue warnings about animal epidemic zones;

c) Propagate the prevention and fighting against animal epidemic in local areas; carry out the policies on subsidies for the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Direct the treatment, collection, handling or supervision of handling of infected animals; reckon up the aquaculture area, amount of infected animals; cleansing, decontamination, disinfection of environment in epidemic zones;

dd) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of districts;

e) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

g) Report to the Presidents of People’s Committees of districts the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic.

5. Responsibilities of People’s Committees of districts:

a) Provide announcement promptly and exactly about the animal epidemic situations in local areas on the basis of the conclusions of regulatory bodies in charge of making diagnosis and testing for animal diseases on the List of animal diseases subject to outbreak declaration and according to the request of veterinary authorities of districts;

b) Organize the prevention and handling of infected animals; cleansing, decontamination and disinfection of aquaculture environment according to the regulations for specific diseases;

c) Guide the owners of aquaculture establishments, people who sell, purchase or transport aquatic animals to implement the veterinary hygiene measures to prevent the spread of animal diseases;

d) Carry out the policies on subsidies for the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

dd) Organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of provinces;

e) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

g) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

h) Report to the Presidents of People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against animal epidemics.

6. Responsibilities of People’s Committees of provinces:

a) Direct People’s Committees at all levels and relevant specialized divisions to handle epidemic hotspots;

b) Allocate fundings for the handling of animal epidemic diseases, assisting the owners of aquaculture establishments having animals that are infected, dead or subject to compulsory destruction.

Article 34. Declaration about epidemics of aquatic animals

1. The declaration of epidemics of aquatic animals shall comply with the principles and contents specified in clauses 1 and 3 Article 26 of this Law.

2. An epidemic of aquatic animals shall be declared if all of the following conditions are met:

a) There is a hotspot of a disease on the List of animal diseases subject to outbreak declaration that tends to quickly spread out a large area or there is the discovery of a new agent of infectious diseases;

b) A diagnosis by an agency competent in animal disease diagnosing and testing is issued determining that the disease is on the List of animal diseases subject to outbreak declaration or is a new agent of infectious disease;

c) An application for outbreak declaration is submitted by a veterinary authority of province.

3. Presidents of the People’s Committees of provinces shall decide the outbreak declaration of aquatic animals if all of the conditions specified in clause 2 of this Article are met.

Article 35. Fighting against epidemics of aquatic animals in epidemic zones

1. When issuing the declaration about an animal epidemic, persons competent to declaring the epidemic shall direct relevant organizations/individuals to:

a) Determine the limits of epidemic zones; place the signboards, guide the travel and transport of animals/animal products across the epidemic zones;

b) Limit the irrelevant people from entering the areas having infected animals or animals dying of the epidemic;

c) Control the transport of aquatic animals and products thereof into or out of epidemic zones; the prevention and treatment of aquatic animals;

d) Conduct the cleansing, decontamination, disinfection of raising facilities, equipment and tools used in aquaculture, waste water and waste matters from aquaculture according to the guidance of veterinary authorities.

2. The Minister of Agriculture and Rural development shall organize the prevention and fighting against the epidemics according to the regulations in clause 2 Article 27 of this Law.

3. Responsibilities of People’s Committees of provinces:

a) Direct veterinary authorities of provinces and relevant agencies, organizations and individuals to take measures for preventing and fighting animal diseases; mobilize the local resources to carry out the prevention and fighting against animal diseases;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

c) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Conduct inspections of the prevention and fighting against animal epidemics;

dd) Request the Minister of Agriculture and Rural development to request the Prime Minister to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Minister of Agriculture and Rural development the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas.

4. Responsibilities of People’s Committees of districts:

a) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the regulations;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

c) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Presidents of the People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture activities in local areas.

5. Responsibilities of People’s Committees of communes:

a) Organize the implementation of measures for prevention and fighting against animal diseases according to the regulations;

b) Supervise and handle infected aquatic animals according to the regulations;

c) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

d) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

dd) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Presidents of the People’s Committees of districts and veterinary authorities of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture activities in local areas.

6. veterinary authorities shall comply with the regulations on clauses 6 and 7 Article 27 of this Law.

7. Responsibilities of veterinary staff of communes:

a) Comply with the direction of People’s Committees and veterinary authorities in the prevention and fighting against animal epidemic;

b) Handle animal disease according to the regulations in clause 2 Article 33 of this Law;

c) Provide guidance and participate in the implementation of measures for cleansing, decontamination and disinfection so as for preventing the spread of animal diseases;

d) Harvest pathology specimens according to the guidance of veterinary authorities of districts.

8. Owners of aquaculture establishment shall comply with the regulations in clause 1 Article 33 of this Law.

9. If an aquaculture establishment located in an epidemic zone but not any animal has been discovered infected, the owner of such aquaculture establishment shall take the measures for preventing pathogens; intensify the observation and warning about environment, take care and increase the resistance of aquatic animals; carry out epidemic supervision to promptly discover infected animals.

Article 36. Declaration about the end of epidemics of aquatic animals

1. Conditions for declaration about the end of a disease of terrestrial animals:

a) There is not any new epidemic hotspot discovered since the last hotspot is handled according to the regulations applicable to specified diseases;

b) Compulsory prophylactic measures have been adopted to animals susceptible to animal diseases in epidemic zones;

c) Cleansing, decontamination and disinfection have been carried out satisfying the veterinary hygiene standards for epidemic zones;

d) An application for declaration about the end of the animal epidemic has been made by a veterinary authority of province and appraised and approved by Department of Animal Health.

2. Presidents of the People’s Committees of provinces shall issue the declaration of the end of animal epidemics if all the conditions specified in clause 1 of this Article are satisfied.