Chapter V
MAINTENANCE AND MANAGEMENT OF DISEASE-FREE ZONES/ ESTABLISHMENTS
Article 43. Regular and unexpected inspections
1. Veterinary agencies shall design and perform the plan for annual inspection of the zones/ establishments granted the certificate of disease-free status. To be specific:
a) Inspection contents shall follow guidance in Article 30 or Article 36 or Clause 2 Article 40 hereof;
b) The inspection team must also make a record of inspection results.
2. Unexpected inspection: The competent veterinary agency shall establish an inspection team to conduct an inspection of the certified disease-free zone or establishment that is found to display signs of infectious disease posing risk of disease transmission.
3. If any factors are detected during the inspection to cause adverse influence on the disease prevention and control, the inspection team shall request the establishment, the people's committee of district or province (with regard to a terrestrial animal disease-free zone), or the zone’s representative (with regard to an aquatic animal disease-free zone) in writing to implement remedial measures within a prescribed time limit. In case of failure to complete remedial measures within the prescribed time limit, the certificate of disease-free status shall expire as regulated in Point d Clause 1 Article 47 hereof and the veterinary agency shall announce the list of zones/ establishments that have expired certificates.
Article 44. Re-issuance of certificate of disease-free status
1. At least 03 (three) months prior to the expiry date of the certificate of disease-free status, the establishment’s owner, the chairperson of commune-level people’s committee (for a commune-level animal disease-free establishment), the people's committee of district or province (for a terrestrial animal disease-free zone), or the zone’s representative (for an aquatic animal disease-free zone) that wishes to apply for re-issuance of the certificate shall prepare and submit an application directly, or by post, or by email to the competent veterinary agency. Such application includes:
a) The application form (made according to the Appendix VIa, VIb, VIc or VId);
b) The report on operating results achieved during the validity of the certificate, including: The quantity of breeding animals produced or acquired by the zone or establishment; the outputs being commercial animals sold in each production or farming in a year; veterinary activities carried out in the zone/ establishment; disease prevention by vaccination (for a terrestrial animal-raising zone or establishment);
c) The report on animal health surveillance conducted in the zone/ establishment; the copies of test report provided by the designated laboratory, and the quarantine certificate;
d) The copy of the report on regular inspection conducted according to regulations in Clause 1 Article 43 hereof (if any).
2. 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. To be specific:
a) If the zone or establishment has been regularly inspected for a period of no more than 12 months before the expiry date of the certificate, within 02 working days from the completion of appraising the application and based on the received report on regular inspection, the veterinary agency shall consider re-issuing the certificate of disease-free status to the qualified zone or establishment without establishing an inspection team;
b) If the zone or establishment has been not yet undergone a regular inspection or has been inspected for a period of over 12 months before the expiry date of the certificate, within 02 working days from the completion of appraising the application, the veterinary agency shall establish an inspection team under regulations in Clause 1 Article 29 or Clause 1 Article 35 hereof.
3. The inspection team shall propose contents to be inspected at the zone or establishment to the veterinary agency for consideration and approval.
4. Within 05 (five) working days from the establishment date, the inspection team must carry out a physical inspection at the relevant zone or establishment.
5. Within 02 (two) working days from the completion of the physical inspection at the zone or establishment, the inspection team must submit a report on inspection, enclosed with the inspection record, to the veterinary agency.
6. Within 03 (three) working days and based on the inspection record and recommendations given by the inspection team, the veterinary agency shall re-issue or refuse to re-issue the certificate of disease-free status to the applying zone or establishment.
7. The validity and template of the certificate of disease-free status to be re-issued shall follow regulations in Clauses 2 and 3 Article 31 or Clauses 2 and 3 Article 37 hereof.
Article 45. Replacement of certificate of disease-free status
1. The zone or establishment that has a torn, damaged or lost certificate and wishes to apply for a replacement of the certificate shall submit an application form (made according to the Appendix VIa, VIb, VIc or VId) directly, or by post, or by email to the veterinary agency.
2. Within 02 (two) working days from the receipt of application, the veterinary agency shall issue a replacement certificate to the eligible zone or establishment.
3. The new certificate shall have the serial number, date of issue and other details same as those of the former torn, damaged or lost one.
Article 46. Addition of information to the certificate of disease-free status
1. The zone or establishment that has a valid certificate of animal disease-free status and wishes to add more diseases to be covered by the certificate must comply with the following regulations:
a) Animal-raising establishments and commune-level animal-raising establishments shall abide by regulations in Article 8 and Article 9 hereof;
b) Terrestrial animal-raising zones shall abide by regulations in Article 11 and Article 12 hereof;
c) Aquatic animal-breeding/ raising establishments shall abide by regulations in Articles 16, 17, 18, 19, 20 and 21 hereof;
d) Aquaculture zones shall abide by regulations in Articles 24, 25 and 26 hereof.
2. Application, application receipt and processing, and inspection of a terrestrial animal-raising zone or establishment:
a) Application: Follow regulations in Points a and c Clause 1 or Points a and c Clause 2 Article 27 or Clause 1 and Clause 3 Article 33 hereof;
b) Application receipt and processing: Follow regulations in Article 28 or Article 34 hereof;
c) Inspection team and time-limit: Follow regulations in Article 29 or Article 35 hereof;
d) Contents of an inspection: Follow regulations in Clause 1 Article 30 or Clauses 2, 3 and 4 Article 36 hereof.
3. Application, application receipt and processing, and inspection of an aquatic animal-breeding/ raising establishment, or an aquaculture zone:
a) Application: Follow regulations in Points a and c Clause 1 Article 27 or Points a and c Clause 1 Article 39 hereof;
b) Application receipt and processing: Follow regulations in Article 28 or Article 34 hereof;
c) Inspection team and time-limit: Follow regulations in Article 29 or Article 35 hereof;
d) Contents of an inspection: Follow regulations in Clause 1 Article 30 or Clauses 2 and 3 Article 40 hereof.
4. Issuance of a certificate of disease-free status:
a) Within 05 (five) working days from the completion of the physical inspection carried out at the zone or establishment, or from the receipt of test report as regulated in Clause 4 Article 30 or Clause 3 Article 36 hereof, the veterinary agency shall issue a certificate to the qualified zone or establishment. In case of refusal to issue a certificate, the veterinary agency shall give a written notification indicating reasons for refusal and requesting the applying zone or establishment to remedy unsatisfactory contents;
b) The validity and template of the certificate of disease-free status to be issued in this case shall follow regulations in Clauses 2 and 3 Article 31 or Clauses 2 and 3 Article 37 hereof.
Article 47. Expiry of a certificate of disease-free status
1. A certificate of disease-free status for a zone or establishment expires in the following cases:
a) After 05 (five) years from the date of issue;
b) A disease or infection occurs or pathogens are detected at the zone or establishment certified to be free from the disease;
c) The zone or establishment fails to make animal health surveillance or take samples as regulated in Point a Clause 3 Article 50 hereof;
d) The zone or establishment fails to implement remedial measures for unsatisfactory contents as regulated in Clause 3 Article 43 hereof;
dd) The zone or establishment is dissolved or terminates its operation.
2. The zone or establishment that has an expired certificate as regulated in Point a Clause 1 of this Article and wishes to apply for re-issuance of the certificate shall carry out procedures set forth in Article 44 hereof.
3. The zone or establishment that has a certificate expired as regulated in Point b or c Clause 1 of this Article and wishes to apply for re-issuance of the certificate shall:
a) make animal health surveillance as regulated in Point b Clause 2 Article 18 hereof;
b) submit an application directly, or by post, or by email to the competent veterinary agency. The application includes: The application form (made according to the Appendix VIa, VIb, Vic, or VId); the report on compliance with regulations in Clause 3 of Article 9, Article 13, Article 16 or Article 24 hereof; the copies of test reports;
c) Within 03 (three) working days from the receipt of the sufficient and valid application, the veterinary agency shall appraise the application’s components and establish an inspection team according to regulations in Clause 1 Article 29 or Clause 1 Article 35 hereof. Within 05 (five) working days from the establishment date, the inspection team must carry out a physical inspection at the relevant zone or establishment;
d) Contents of an inspection: The health status of farmed animals; the implementation of measures for controlling and preventing infection risk factors out of and within the inspected zone or establishment; results of animal health surveillance;
dd) Samples shall be taken during the inspection and sent to a designated laboratory for testing for diseases covered by the claim of disease freedom (for a terrestrial animal-raising zone or establishment) and the veterinary agency shall add the test report to the zone or establishment’s application. If an aquatic animal-breeding/ raising establishment is detected to have aquatic animals displaying signs of disease or infection, or fail to meet veterinary sanitation requirements, the inspection team shall take and send samples to a designated laboratory for testing;
e) Within 05 (five) working days from the completion of the physical inspection carried out at the zone or establishment, or from the receipt of test report as regulated in Point dd Clause 3 of this Article, the veterinary agency shall issue a certificate to the qualified zone or establishment. In case of refusal to issue a certificate, the veterinary agency shall give a written notification indicating reasons for refusal and requesting the applying zone or establishment to remedy unsatisfactory contents;
g) The validity and template of the certificate of disease-free status to be issued in this case shall follow regulations in Clauses 2 and 3 Article 31 or Clauses 2 and 3 Article 37 hereof.
4. The zone or establishment that has a certificate expired as regulated in Point d Clause 5 of this Article and wishes to apply for re-issuance of the certificate shall carry out procedures set forth in Article 32 or Article 38 or Article 42 hereof.
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