Chapter IV
PROCEDURES AND APPLICATION FOR CERTIFICATES OF DISEASE-FREE STATUS FOR ESTABLISHMENTS/ ZONES
Section 1: ANIMAL DISEASE-FREE ESTABLISHMENTS
Article 27. Application
1. The establishment’s owner shall prepare and submit an application for the certificate of disease-free status directly or by post or by email to the competent veterinary agency defined in Article 3 hereof. The application shall include:
a) The application form for the certificate of disease-free status (made according to the Appendix Via);
b) The report on the satisfaction of requirements by the terrestrial animal disease-free establishment (made according to the Appendix IIa), or by the aquatic animal disease-free establishment (made according to the Appendix VII);
c) The report on animal health surveillance made under regulations in Article 8 or Article 21 hereof;
d) The copy of unexpired report on inspection and classification of the establishment (if any) as regulated in the Circular No. 45/2014/TT-BNNPTNT dated December 03, 2014 by the Minister of Agriculture and Rural Development;
dd) The copy of unexpired VietGAHP certificate (if the applicant is a terrestrial animal-raising establishment) or unexpired VietGAP certificate (if the applicant is an aquatic breeding establishment or an establishment raising commercial aquatic animals) (if any).
2. With regard to a commune-level animal raising establishment, chairperson of the commune-level people’s committee shall submit an application directly or by post or by email to the veterinary agency. The application includes:
a) The written request for the certificate of disease-free status (made according to the Appendix VIb);
b) The report on the satisfaction of requirements for a terrestrial animal disease-free status (made according to the Appendix IIb);
c) The report on animal health surveillance made under regulations in Article 8 hereof.
Article 28. Application receipt and processing
Within 05 (five) working days from the receipt of the application, the veterinary agency shall consider the validity of application and appraise the application's components.
1. If an application is satisfactory, the veterinary agency shall establish an inspection team and notify the establishment of the inspection plan.
2. If an application is unsatisfactory, the veterinary agency shall request the establishment in writing to modify and supplement the application.
Article 29. Inspection team and time limit
1. An inspection team must be comprised of at least 03 (three) persons. The head of an inspection team is a leader of the veterinary agency or of its specialized department; members of an inspection team are officers of the veterinary agency.
2. Within 10 (ten) working days from the establishment date, the inspection team must carry out a physical inspection at the relevant establishment.
Article 30. Contents of inspection carried at the establishment
1. If the applicant is an establishment having an expired VietGAP certificate or an aquatic animal-breeding/ raising establishment that has been duly inspected and ranked A or B in accordance with regulations of the Circular No. 45/2016/TT-BNNPTNT, the following contents shall be inspected:
a) The knowledge and practices of persons directly engaging in the breeding/ raising of aquatic animals in terms of clinical signs and actions to be taken in case of occurrence of the disease covered by the claim of disease freedom;
b) The health status of farmed animals; the implementation of measures for controlling and preventing infection risk factors out of and within the establishment;
c) The results of the animal health surveillance implemented according to regulations in Article 18 hereof;
d) The management of veterinary activities carried out at the establishment as regulated in Clause 4 Article 14 hereof.
2. If the applicant is an establishment having an expired VietGAHP certificate or an animal raising establishment that has been duly inspected and ranked A or B in accordance with regulations of the Circular No. 45/2014/TT-BNNPTNT, the inspection is conducted to inspect the animal health surveillance made according to regulations in Article 8 hereof.
3. If the establishment fails to have an unexpired VietGAHP or VietGAP certificate, or has been inspected but failed to meet the requirements set forth in the Circular No. 45/2014/TT-BNNPTNT, the inspection shall be conducted as follows:
a) For a terrestrial animal-raising establishment: Inspection contents are regulated in Clauses 1, 2, 3 and 4 Article 6 hereof. The inspection record is made according to the Appendix Ia enclosed herewith;
b) For an aquatic animal-breeding/ raising establishment: Inspection contents are regulated in Clause 1 of this Article and Article 15 hereof.
4. During the inspection:
a) For a terrestrial animal-raising establishment: Samples are taken and sent to a designated laboratory for testing for the disease covered by the certificate applied for. The veterinary agency shall supplement the test report to the application for the certificate of disease-free status submitted by the establishment;
b) If an aquatic animal-breeding/ raising establishment fails to meet veterinary sanitation requirements, the inspection team shall take and send samples to a designated laboratory for testing.
5. Upon the end of the physical inspection conducted at the establishment, the inspection team shall prepare an inspection record according to the template stated in the Appendix Ia or the Appendix VIIIa or the Appendix VIIIb enclosed herewith; the inspection result shall be provided for the inspected establishment’s owner and submitted to the leader of the veterinary agency as defined in Article 3 hereof.
6. The inspection of commune-level animal raising establishments shall be conducted in accordance with regulations in Article 36 hereof.
Article 31. Issuance of certificate of disease-free status
1. Within 05 (five) working days from the end of the inspection conducted at the establishment, or from the receipt of test report as regulated in Clause 3 Article 30 hereof, the veterinary agency shall issue the certificate of disease-free status to the satisfactory establishment; in case of refusal to grant the certificate, the veterinary agency shall give written notification indicating reasons of refusal and requesting the establishment to remedy unsatisfactory contents.
2. Template of the certificate of animal disease-free status:
a) The Department of Animal Health of Vietnam shall consider issuing certificates of animal disease-free status according to the template stated in the Appendix X enclosed herewith or at the request of the importing country.
b) Provincial-level animal health departments shall consider issuing certificates of animal disease-free status according template stated in the Appendix XI enclosed herewith.
3. Validity of a certificate of animal disease-free status: 05 (five) years from the date of issue.
4. If an establishment wishes to change the issuing authority of the certificate of animal disease-free status from the provincial-level animal health department to the Department of Animal Health of Vietnam, it shall:
a) submit an application directly, or by post, or by email to the Department of Animal Health of Vietnam. The application includes: The application form (made according to the Appendix VIa) or the application form serving a commune-level animal raising establishment (made according to the Appendix VIb); the report on the animal health surveillance certified to be properly appraised by the provincial-level animal health department (if the applicant is an aquatic animal-breeding/ raising establishment); the copies of test report and inspection record made by the inspection team and the issued certificate of animal disease-free status;
b) Within 03 (three) working days from the receipt of a valid application, the Department of Animal Health of Vietnam shall appraise the application’s components and issue a certificate of animal disease-free status to the satisfactory establishment for replacing the former one. Validity of the new certificate of animal disease-free status shall be equivalent with the validity specified in the former one issued by the provincial-level animal health department. In case of refusal to issue a new certificate, the Department of Animal Health shall give a written notification indicating reasons for refusal and requesting the applicant to remedy unsatisfactory contents.
Article 32. Re-inspection
1. If an establishment that is certified to be failed in the inspection as regulated in Clause 1 Article 31 or Clause 3 Article 43 hereof, or has an expired certificate of disease-free status as regulated in Point d Clause 1 Article 47 hereof, wishes to apply for the certificate of disease-free status, the establishment’s owner or chairperson of the commune-level people’s committee shall submit an application directly, or by post, or by email to the competent veterinary agency. The application includes:
a) The application form (made according to the Appendix VIa) or the application form made by the chairperson of the commune-level people’s committee (according to the Appendix VIb);
b) The report on implementation of remedial measures against unsatisfactory contents.
2. Within 05 (five) working days from the receipt of the application, the veterinary agency shall consider the validity of application and establish an inspection team according to regulations in Clause 1 Article 29 hereof.
3. Within 05 (five) working days from the date of establishment, the inspection team shall conduct a physical inspection at the establishment to inspect and evaluate its unsatisfactory contents as regulated in Clause 2 Article 30 hereof.
4. Certificates of disease-free status shall be issued in accordance with Clauses 1, 2 and 3 Article 31 hereof.
Section 2: TERRESTRIAL ANIMAL DISEASE-FREE ZONES
Article 33. Application
District-level or provincial-level people’s committee shall prepare and submit an application for the certificate of disease-free status directly, by post or by email, to the Department of Animal Health of Vietnam, The application includes:
1. a) The written request for the certificate of disease-free status (made according to the Appendix VIc).
2. The report on the satisfaction of requirements for a terrestrial animal disease-free zone (made according to the Appendix III).
3. The reports on animal health surveillance as regulated in Article 12, the disease status as regulated in Article 13 and veterinary activities as regulated in Clause 4 Article 10 hereof.
Article 34. Application receipt and processing
Within 05 (five) working days from the receipt of the application, the Department of Animal Health of Vietnam shall consider the validity of application and appraise the application's components.
1. If an application is valid, the Department of Animal Health of Vietnam shall establish an inspection team and inform the applicant of the inspection plan.
2. If an application is invalid, the Department of Animal Health of Vietnam shall request the applicant in writing to modify and supplement the application.
Article 35. Inspection team and time limit
1. An inspection team must be comprised of at least 05 (three) persons. The head of the inspection team shall be a representative of the Department of Animal Health or a leader of its specialized department; members of the inspection team are leaders/ specialized officers of regional animal health offices, specialized centers affiliated to the Department of Animal Health of Vietnam, provincial-level animal health departments and relevant agencies.
2. Within 10 (ten) working days from the establishment date, the inspection team must carry out a physical inspection at the relevant zone.
Article 36. Contents of inspection carried at the zone
1. The implementation of measures for disease prevention and control as regulated in Article 11 hereof and the management of veterinary activities carried out in the zone as regulated in Clause 4 Article 10 hereof.
2. The performance of the animal health surveillance plan as regulated in Article 12 hereof.
3. Samples are taken and sent to a designated laboratory for testing for the disease covered by the certificate applied for. The Department of Animal Health of Vietnam shall supplement the test report to the received application for the certificate of disease-free status for a zone.
4. The inspection team shall make an inspection record according to regulations in the Appendix Ib enclosed herewith.
Article 37. Issuance of certificate of disease-free status for a zone
1. Within 15 (fifteen) working days from the receipt of test report from the designated laboratory and based on the inspection record made by the inspection team as regulated in Clause 4 Article 36 hereof, the Department of Animal Health of Vietnam shall issue a certificate of disease free-status to the satisfactory zone. In case of refusal to issue the certificate, the Department of Animal Health of Vietnam shall give a written notification indicating reasons for that refusal and requesting the zone in remedying unsatisfactory contents.
2. Validity of a certificate of terrestrial animal disease-free zone: 05 (five) years from the date of issue.
3. The certificate of disease-free status is issued to the qualified zone according to the template stated in the Appendix X enclosed herewith. The Department of Animal Health of Vietnam shall consider modifying contents of the certificate of disease-free status for a zone at the request of the importing country.
Article 38. Re-inspection
1. If an animal-raising zone that is certified to be failed in the inspection as regulated in Clause 1 Article 37 or Clause 3 Article 43 hereof, or has an expired certificate of disease-free status as regulated in Point d Clause 1 Article 47 hereof, wishes to apply for the certificate of disease-free status, the district-level or provincial-level people’s committee shall submit an application directly, or by post, or by email to the Department of Animal Health of Vietnam. The application includes:
a) The written request for the certificate of disease-free status for a zone (made according to the Appendix VIc);
b) The report on implementation of remedial measures against unsatisfactory contents.
2. Within 05 (five) working days from the receipt of the application, the Department of Animal Health of Vietnam shall consider the validity of application and establish an inspection team according to regulations in Clause 1 Article 35 hereof.
3. Within 07 (seven) working days from the date of establishment, the inspection team shall conduct a physical inspection at the zone to inspect and evaluate its unsatisfactory contents as regulated in Article 36 hereof.
4. The certificate of disease free status for a zone shall be issued in accordance with regulations in Article 37 hereof.
Section 3: AQUATIC ANIMAL DISEASE-FREE ZONES
Article 39. Application for a certificate of disease free status, receipt and processing thereof
1. The zone’s representative shall prepare and submit an application for the certificate of disease-free status directly, by post or by email, to the Department of Animal Health of Vietnam, The application includes:
a) The written request for the certificate of disease-free status for a zone (made according to the Appendix VId);
b) The report on the satisfaction of requirements for an aquatic animal disease-free status (including the report made by each establishment in the zone according to the Appendix VII, enclosed with the site plan, the drawing of locations of establishments in the zone, and description of the water supply and drainage system of the zone);
c) The report on animal health surveillance as regulated in Article 26 hereof, enclosed with the report thereof made by each establishment in the zone.
2. An application for the certificate of aquatic animal disease-free zone shall be received and processed in accordance with regulations in Article 34 hereof.
Article 40. Inspection team, time-limit and contents of inspection at the zone
1. Inspection team and time limit: As regulated in Article 35 hereof.
2. Contents of the inspection carried out at the zone:
a) The implementation of measures for disease prevention and control as regulated in Article 23 hereof and the management of veterinary activities carried out in the zone as regulated in Clause 4 Article 22 hereof;
b) The performance of the animal health surveillance plan as regulated in Article 25 hereof;
c) If aquatic animals are detected to have signs of the disease covered by the claim of disease freedom during the inspection, the inspection team shall take and send samples to a designated laboratory for testing.
3. The inspection team shall make an inspection record according to regulations in the Appendix IIIc enclosed herewith.
Article 41. Issuance of certificate of disease-free status
1. Within 15 (fifteen) working days from the completion of the physical inspection conducted at the zone, the Department of Animal Health shall issue the certificate of disease-free status to the satisfactory zone. In case of refusal to issue the certificate, the Department of Animal Health of Vietnam shall give a written notification indicating reasons for refusal and requesting the zone to remedy unsatisfactory contents.
2. Validity of a certificate of aquatic animal disease-free zone: 05 (five) years from the date of issue.
3. The certificate of disease-free status is issued to a qualified aquatic zone according to the template stated in the Appendix X enclosed herewith. The Department of Animal Health of Vietnam shall consider modifying contents of the certificate of disease-free status for an aquatic zone at the request of the importing country.
Article 42. Re-inspection
1. If an aquatic animal-raising zone that is certified to be failed in the inspection as regulated in Clause 1 Article 41 or Clause 3 Article 43 hereof, or has an expired certificate of disease-free status for an aquatic zone as regulated in Point d Clause 1 Article 47 hereof, wishes to apply for the certificate of disease-free status, the zone’s establishment shall submit an application directly, or by post, or by email to the Department of Animal Health of Vietnam. The application includes:
a) The written request for the certificate of disease-free status for an aquatic animal-raising zone (made according to the Appendix VId);
b) The report on implementation of remedial measures against unsatisfactory contents.
2. Within 05 (five) working days from the receipt of the application, the Department of Animal Health of Vietnam shall consider the validity of application and establish an inspection team according to regulations in Clause 1 Article 35 hereof.
3. Within 07 (seven) working days from the date of establishment, the inspection team shall conduct a physical inspection at the aquatic animal-raising zone to inspect and evaluate its unsatisfactory contents as regulated in Clause 2 Article 40 hereof.
4. The certificate of disease free status for a qualified aquatic animal-raising zone shall be issued in accordance with regulations in Article 41 hereof.
Tìm kiếm
Thông tư 14/2016/TT-BNNPTNT (Bản Word)
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