Chương I Thông tư 26/2016/TT-BNNPTNT: Những quy định chung

CIRCULAR

PROVIDING FOR THE QUANRANTINE OF AQUATIC ANIMALS AND ANIMAL PRODUCTS

Pursuant to the Law on Animal Health No. 79/2015 / QH13 dated 19/06/2015;

Pursuant to the Law on Food Safety No. 55/2010 / QH12 dated 17/6/2010;

Pursuant to Decree No. 199/2013 / ND-CP dated 26/11/2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Director of Department of Animal Health,

The Minister of Agriculture and Rural Development issues this Circular providing for the quarantine of aquatic animals and animal products.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subject of application

1. Scope of regulation

This Circular stipulates in detail Paragraph 3, Article 53 of the Law on Animal Health on the List of aquatic animals and animal products subject to the quarantine and non-quarantine; the List of aquatic animals and animal products subject to the analysis of risks before imported into Vietnam; the List of subjects performing the quarantine of aquatic animals and animal products; the content and dossier on quarantine of aquatic animals and animal products transported out of the provincial areas, for export, import, temporary import for re-export, temporary export for re-import, border-gate transfer, bonded warehouse transfer, transit in the territory of Vietnam

2. Subjects of application

This Circular applies to the organizations and individuals pertaining to the production, trading and transportation out of the provincial areas; for export, import, temporary import for re-export, temporary export for re-import, border-gate transfer, bonded warehouse transfer and transit in the territory of Vietnam.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Aquatic animals used as breed are the ones used to produce the breed, used as breed for commercial raising, ornamental and recreational purposes or for other purposes.

2. Commercial aquatic animals are the live ones which are used as food and materials for processing food, animal feed, aquafeed or for other purposes except the breeding purpose.

3. Place of aquatic animal isolation for quarantine is a place to keep the aquatic animals within a prescribed time for quarantine.

4. Place of isolation for quarantine of aquatic animal products is the warehouse and containers for storage of aquatic animal products within a prescribed time for quarantine.

Article 3. List of aquatic animals and animal products subject to the quarantine; List of aquatic animals and animal products subject to the analysis of risks before imported into Vietnam; List of subjects performing the quarantine of aquatic animals and animal

1. The List of aquatic animals and animal products subject to the quarantine and non- quarantine is specified in the Appendix I issued with this Circular.

2. The List of terrestrial animals and animal products subject to the analysis of risks before imported into Vietnam is specified in the Appendix II issued with this Circular.

3. The List of subjects performing the quarantine of aquatic animals and animal products is specified in the Appendix III issued with this Circular.

Chapter II

DOSSIER AND CONTENT OF QUARANTINE

Article 4. Dossier on quarantine registration and declaration

1. The dossier on quarantine registration for transportation of aquatic animals used as the breed out of the provincial areas; commercial aquatic animals and aquatic animal products coming from the disease announcement area out of the provincial areas: Certificate of quarantine registration under the form No. 01 TS in Appendix V issued with this Circular.

2. Dossier on import quarantine registration of aquatic animals and animal products domestically consumed:

a) The written request for instructions on quarantine prepared under the form No. 02 TS in Appendix V issued with this Circular.

b) The copy of Certificate of export quarantine from the competent authorities of the exporting country with the enterprise’s certification (for the aquatic animals and animal products coming from the nations or territories which have not yet the agreement upon Certificate of quarantine with Vietnam);

c) The copy of CITES Permit with the enterprise’s certification for the aquatic animals and animal products named in the List of endangered species of wild fauna and flora according to the laws of Vietnam or the provisions of CITES;

d) The copy of aquatic product import Permit from the Vietnam Directorate of Fisheries with the enterprise’s certification on aquatic animals used as breeds which are not named in the List of aquatic breed permitted for business issued with the Decision No. 57/2008/QD-BNN dated 02/5/2008 of the Ministry of Agriculture and Rural Development; the aquatic animals used as food which are not named in the List of species of live aquatic animals permitted for import as food issued with the Circular No. 04/2015/TT-BNNPTNT dated 12/02/2015 of the Ministry of Agriculture and Rural Development;

3. Dossier on import quarantine declaration of aquatic animal products used as processing materials for exported food; aquatic animal products imported from foreign fishing vessels; aquatic animal products as samples; aquatic animal products recalled or returned;

a) The quarantine declaration is prepared under the Form 03 TS in Appendix V issued with this Circular;

b) The copy with enterprise’s certification or the original of Certificate of quarantine of the exporting country, except the aquatic animal products directly imported from foreign fishing vessels; in case of sending the copy or by the time of sending dossier without providing the Certificate of quarantine from the exporting country must be sent, the original of the Certificate of quarantine from the exporting country must be sent upon check of commodities;

c) The copy of Permit as stipulated under Point c, Paragraph 2 of this Article;

d) The copy with the enterprise’s certification of the papers pertaining to the batch of commodity upon export (the Certificate of food safety, if any, notice of recall of batch of commodity from the enterprise, customs declaration, list of commodities) for the aquatic animal products recalled or returned;

4. Dossier on quarantine registration of aquatic animals and animal products for temporary import for re-export, border-gate transfer, bonded warehouse transfer and transit in the territory of Vietnam;

a) The written request for quarantine instructions under the form No.04 TS (form 05 TS for the commodities taken into and out of the bonded warehouse) in the Appendix V issued with this Circular;

b) The copy of commercial Contract with the enterprise’s certification;

c) The copy of Permit as stipulated under Point c, Paragraph 2 of this Article;

d) The copy of Certificate of business code of temporary import for re-export of commodity with the enterprise’s certification;

dd) The copy of commodity transit Permit with the enterprise’s certification;

e) The copy of Permit for temporary import for re-export of commodity with the enterprise’s certification;

g) The copy of Decision on establishment of bonded warehouse with the enterprise’s certification; in case of lease of warehouse, there must be a bonded warehouse lease Contract with the enterprise’s certification (for the commodities taken into and out of the bonded warehouse).

5. The dossier on quarantine registration of aquatic animals and animal products not use as food:

a) The application prepare under the Form No. 03 TS in Appendix V issued with this Circular;

b) The veterinary sanitary requirements of the importing country or commodity owner (if any);

c) The copy of aquatic product export Permit of the Vietnam Directorate of Fisheries with the enterprise’s certification (for the aquatic products to be exported, there must be a permit as stipulated in the Circular No. 04/2015/TT-BNNPTNT dated 12/02/2015 of the Ministry of Agriculture and Rural Development).

6. Dossier on quarantine declaration of aquatic animals and animal products imported for domestic consumption:

a) The application prepare under the Form No. 03 TS in Appendix V issued with this Circular;

b) The copy with enterprise’s certification or the original of Certificate of quarantine of the exporting country; in case of sending the copy or by the time of sending dossier without providing the Certificate of quarantine from the exporting country must be sent, the original of the Certificate of quarantine from the exporting country must be sent upon check of commodities;

7. The dossier on quarantine declaration of aquatic animals and animal products for temporary import for re-export, temporary export for re-import, border-gate transfer, bonded warehouse transfer and transit in the territory of Vietnam:

a) The application prepare under the Form No. 03 TS in Appendix V issued with this Circular;

b) The copy with enterprise’s certification or the original of Certificate of quarantine of the exporting country; in case of sending the copy or by the time of sending dossier without providing the Certificate of quarantine from the exporting country must be sent, the original of the Certificate of quarantine from the exporting country must be sent upon check of commodities;

Article 5. Quarantine registration of aquatic animals used as breeds transported out of the provincial areas; commercial aquatic animals and aquatic animal products coming from the disease announcement area transported out of the provincial areas

1. Before transporting the aquatic animals used as breeds out of the provincial areas; the commercial aquatic animals and aquatic animal products coming from the disease announcement area transported out of the provincial areas, the commodity owner shall send a dossier on quarantine registration as stipulated under Point 1, Article 4 of this Circular to the provincial-level body of specialized veterinary management or the authorized district-level level health animal management body (hereafter referred to as the domestic animal quarantine body).

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. Within 01 working day after receiving the dossier, the domestic animal quarantine body shall verify the validity of the dossier and notifies the commodity owner of the time and location of quarantine. If the dossier is not valid, it shall provide the commodity owner with the instructions on completion of dossier according to regulations.

Article 6. Quarantine of aquatic animals used as breed coming from the aquaculture facilities not yet recognized to have the disease free status or their disease status are not yet monitored according to regulations or from the trading and collection facilities transporting the aquatic animals out of the provincial areas

1. The quarantine is carried out right at the temporary animal shelter; tank, breeding pond of the aquaculture facilities and trading and collection facilities.

2. The domestic animal quarantine body shall carry out the quarantine as follows:

a) Checks the amount, type and size of aquatic animals;

b) Performs the clinical check;

c) Takes specimen to check the tanks according to the provisions in Appendix IV issued with this Circular;

d) Checks the veterinary sanitary conditions of means of transportation and the accompanied objects;

dd) Issued the Certificate of quarantine as stipulated under Point d, Paragraph 1, Article 55 of the Law on Animal Health;

e) Checks and monitors the process of loading and unloading of aquatic breed animals onto the means of transportation;

g) Informs the domestic animal quarantine body at the place of arrival by email or fax of the information, including: Certificate of quarantine number, date of issue, type and amount of commodity, owner, place of arrival, plate number of the means of transportation at 16:30 PM of each day.

3. In case of positive testing indicator result, the domestic animal quarantine body shall not issue the Certificate of quarantine and handle the case according to the regulations on prevention and control of aquatic animal diseases.

Article 7. Quarantine of aquatic animals used as breed coming from the aquaculture facilities which have disease free status or their disease status is monitored upon transportation out of provincial areas

1. The facilities must ensure the recognition of disease free status or disease surveillance towards the diseases of aquatic animals as stipulated in the Appendix IV issued with this Circular.

2. The domestic animal quarantine body shall:

a) Checks the veterinary sanitary conditions of means of transportation and the accompanied objects;

b) Issue the Certificate of quarantine as stipulated under Point b, Paragraph 2, Article 55 of the Law on Animal Health;

c) Checks and monitors the process of loading and unloading of aquatic breed animals onto the means of transportation;

d) Comply with the provisions stipulated under Point g, Paragraph 2, Article 6 of this Circular.

Article 8. Quarantine of commercial aquatic animals coming from disease announcement area transported out of the provincial areas

1. The commercial aquatic animals harvested from the raising facilities free of disease in the disease announcement area, the domestic animal quarantine body shall carry out the quarantine as follows:

a) Checks the amount, type and size of aquatic animals;

b) Performs the clinical check;

c) Takes specimen to check the pathogen towards the commercial aquatic animals infected with the disease which is announced as epidemic as stipulated in Appendix IV issued with this Circular;

d) Complies with the provisions under Points d, dd, e, g, Paragraph 2, Article 6 of this Circular.

2. The aquatic animals harvested from the raising facilities with disease status being announced must be processed (processed by heat or applying specific treatment measures to ensure no spread of disease depending on each type of disease) before being taken out of the disease announcement area.

Article 9. Quarantine of aquatic animal products coming from the disease announcement area transported out of the provincial areas

1. The quarantine is carried out right at the preliminary treatment and processing facilities of the commodity owner.

2. The domestic animal quarantine body shall carry out the quarantine as follows:

a) Checks the amount, type and size of aquatic animal products;

b) Checks the compliance with regulations on preliminary treatment and processing of aquatic products before taking them out of the disease announcement area;

c) Checks the condition of packaging, storage and sensory evaluation towards the aquatic animal products;

d) Checks the veterinary sanitary conditions of means of transportation and the accompanied objects;

dd) Complies with the provisions under Point d, dd and g, Article 6 of this Circular;

e) Carries out or monitors the commodity owner’s clean-up and disinfection of means of transportation and the accompanied objects before the commodities are loaded onto the means of transportation;

g) Checks and monitors the course of loading of aquatic animal products onto the means of transportation; seals the means of transportation; Carries out or monitors the commodity owner’s clean-up and disinfection of place of commodity concentration and loading and unloading.

2. Where the aquatic animal products do not ensure the veterinary sanitary condition, the domestic animal quarantine body shall not issue the Certificate of quarantine and handle the case according to the regulations

Article 10. Control of aquatic animals used as breed in the receiving localities

1. The domestic animal quarantine body in the receiving localities only carries out the inspection of animals used as breed in the following cases:

a) The batch of commodity transported from other provinces without Certificate of quarantine or with invalid Certificate of quarantine;

b) The domestic animal quarantine body detects the fraudulent exchange or additional taking of aquatic breed without permission from the animal quarantine body;

c) The domestic animal quarantine body detects the pathological signs of aquatic animals.

2. For the batches of commodity to be quarantined, the domestic animal quarantine body shall carry out the quarantine and issue the Certificate of quarantine as stipulated under Points a, b, c, d and dd, Paragraph 2, Article 6 of this Circular.

Article 11. Quarantine of exported aquatic animals and animal products not used as food

1. Quarantine registration

Before export of aquatic animals and animal products with required quarantine, the commodity owner shall send 01 dossier as stipulated in Paragraph 5, Article 4 of this Circular to the area animal health Body or the area animal quarantine Branch under the Department of Animal Health or the provincial-level body of specialized veterinary management authorized by the Department of Animal Health (hereafter referred to as the animal quarantine body at border gate). The way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. Dossier receipt and processing

The dossier receiving body shall verify the dossier validity and require the commodity owners to complete their dossiers according to regulations.

3. The animal quarantine body at border gate shall carry out quarantine as follows:

a) Checks the amount, type and packaging of aquatic animals and animal products;

b) Performs the clinical check towards the aquatic animals, check of appearance, storage condition and present condition of aquatic animal products;

c) Takes specimen to test the indicators as required by the importing country or the commodity owner (if any) except the disease indicators recognized as safety towards the raising facilities as the origin of the aquatic animals;

d) Issues the Certificate of quarantine as stipulated under Point c, Paragraph 2, Article 42 of the Law on Animal Health.

4. Where the commodity owner or the importing country does not require the quarantine: The commodity owner shall carry out the quarantine for transportation out of the provincial areas as stipulated in Article 6, 7, 8 and 9 of this Circular.

5. For the control of animals and animal products at the export border gate, the animal quarantine body at border gate shall:

a) Check the Certificate of export quarantine;

b) Check the clinical symptoms of aquatic animals, the present condition of commodities, conditions of packaging and storage of aquatic animal products;

c) Confirm, issue or change the Certificate of export quarantine as requested by the commodity owner.

Article 12. Quarantine of aquatic animals and animal products exported for food

1. The commodity owners send 01 dossier as stipulated in Paragraph 1, Article 57 of the Law on Animal Health.

2. The order, procedures and contents of quarantine shall comply with the provisions in Paragraph 2 and 3, Article 57 of the Law on Animal Health.

Article 13. Quarantine of aquatic animals and animal products imported for domestic consumption

1. Quarantine registration

a) The commodity owner shall send 01 dossier on quarantine registration as stipulated in Paragraph 2, Article 4 of this Circular to the Department of Animal Health. The way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

b) The Department of Animal Health shall send a written approval for quarantine to the commodity owner and the animal quarantine body at border gate.

2. Quarantine declaration

a) After getting the written approval from the Department of Animal Health, the commodity owner shall send 01 dossier on quarantine declaration as stipulated in Paragraph 6, Article 4 of this Circular to the animal quarantine body at border gate before the commodities are transported to the import border gate;

b) After receiving the valid dossier, the animal quarantine body at border gate shall inform the commodity owner of the time and location for quarantine. If the dossier is not valid, it shall provide instructions for commodity owner to complete it according to regulations.

3. Preparation for place of isolation for quarantine of imported aquatic animals

a) The commodity owners shall arrange the place of isolation for quarantine;

b) The place of isolation for quarantine is arranged at a location which ensures the veterinary sanitary requirements and is checked and monitored by the animal quarantine body at border gate during the time of raising in isolation for quarantine.

Where aquatic animals are raised in floating fish cages or fish rafts at sea, they must be raised in isolation in floating fish cages or fish rafts separated from the areas of aquaculture; if the aquatic animals are raised in facilities on land, they must be raised in isolation in separate tank or pond.

c) The animal quarantine body at border gate shall check the veterinary sanitary conditions to ensure the satisfaction of isolation conditions for quarantine and inform the checking result to the commodity owner and the Department of Animal Health by mail or fax and then send the original.

4. Quarantine contents

a) The animal quarantine body at border gate shall comply with the provisions in Article 47 of the Law on Animal Health;

b) For the aquatic animals used as breed: Take specimen for disease testing as stipulated in Appendix IV issued with this Circular;

c) For the commercial aquatic animals: Take specimen to monitor the residue of toxic substances as stipulated in Appendix IV issued with this Circular; only take specimen for testing of aquatic disease in case of detection of aquatic animal’s signs of diseases specified in Appendix III issued with this Circular.

d) The time to raise in isolation for quarantine: No more than 10 days for aquatic animals as breed; no more than 03 days for commercial aquatic animals from the date of isolation for quarantine; where the time of isolation is longer than the above time, the animal quarantine body at border gate shall give a written notice to the commodity owner to specify the reasons;

dd) For the aquatic animal products: Take the specimen to test the indicators as stipulated in Appendix IV issued with this Circular.

5. Issue of Certificate of quarantine

a) Within 05 working days from the start of quarantine, the animal quarantine body at border gate shall issue the Certificate of import quarantine for the aquatic animal products which meet the requirements and inform the animal quarantine body at the place of arrival and the commodity owner for completion of customs procedures; in case of prolongation more than 05 working days, the animal quarantine body at border gate shall give a written notice to the commodity owner to specify the reasons;

b) Right after the end of time of raising in isolation for quarantine, the animal quarantine body at border gate shall issue the Certificate of import quarantine if the animals are healthy and the tests of disease meet the requirements and inform the animal quarantine body at the place of arrival for the commodity owner to complete the customs.

c) The animal quarantine body at border gate shall inform the animal quarantine body at the place of arrival by email or fax of the information, including: Certificate of quarantine, date of issue and amount of commodities right after the issue of Certificate of quarantine.

6. Notice of violation: In case of detecting the violation of indicators of the batch of commodity checked, the Department of Animal Health shall inform in writing the competent body of the exporting country to investigate the causes and take remedial measures and report the result.

The commodity owner must handle the violating batch of commodity as guided by the animal quarantine body at border gate.

Article 14. Import quarantine of aquatic animal products used as processing materials for exported food; aquatic animal products imported from the foreign fishing vessels; aquatic animal products as samples; exported aquatic animal products recalled or returned

1. The goods owner shall send 01 dossier as stipulated in Paragraph 3, Article 4 of this Circular to the animal quarantine body at border gate where the commodities are imported.

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

Within 01 working day after receiving the dossier, the animal quarantine body at border gate shall confirm the quarantine Declaration for the commodity owner to carry out the customs procedures and inform the commodity owner of the time and location to conduct the quarantine. If the dossier is not valid, the commodity owner shall be instructed to complete it according to regulations.

2. The animal quarantine body at border gate shall carry out the quarantine as follows:

a) Checks the condition of storage, packaging specification, labeling, appearance of the products;

b) In case of suspicion or detection of non-compliance with veterinary sanitary requirements of the commodities, take their specimen to test the veterinary sanitary indicators.

3. Issue of Certificate of quarantine

a) Within 02 working days from the start of quarantine, the animal quarantine body at border gate shall issue the Certificate of import quarantine to the batch of commodity which meets the veterinary sanitary requirements;

b) In case of required taking of specimen of batch of commodity: Within 05 working days from the start of quarantine, the animal quarantine body at border gate shall issue the Certificate of import quarantine to the batch of commodity which meets the veterinary sanitary requirements;

4. Check and monitoring of aquatic animal products imported as processing materials for exported food; the commodities are recalled or returned:

a) Take specimen for monitoring the indicators in accordance with the provisions in Appendix IV issued with this Circular;

b) Notice of violation: Comply with the provisions in Paragraph 6, Article 13 of this Circular.

Article 15. Quarantine of aquatic animals and animal products temporarily imported for re-exported, border-gate transfer and transit in the territory of Vietnam

1. The owner of commodity shall send 01 dossier on quarantine registration as stipulated in Paragraph 4, Article 4 of this Circular to the Department of Animal Health.

Way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. The Department of Animal Health shall send a written approval for quarantine by email to the commodity owner and the animal quarantine body at border gate.

3. After getting the written approval from the Department of Animal Health, before the commodities are transported to the border gate, the commodity owner sends a dossier on quarantine declaration as stipulated in Paragraph 7, Article 4 of this Circular to the animal quarantine body at border gate.

The animal quarantine body at border gate shall carry out the quarantine as stipulated in Article 50 of the Law on Animal Health.

Article 16. Quarantine of aquatic animals and animal products temporarily exported for re-imported

1. The quarantine for temporary export shall comply with the regulations on export quarantine.

2. The quarantine for temporary import shall comply with the regulations on import quarantine.

Article 17. Quarantine of aquatic animals and animal products taken into and out of the bonded warehouse

1. The commodity owner shall send 01 dossier on quarantine registration as stipulated in Paragraph 4, Article 4 of this Circular to the Department of Animal Health. The way to send dossier: Send by post or email or fax and then send the original or send the dossier personally.

2. The Department of Animal Health shall send a written approval for quarantine by email to the commodity owner and the animal quarantine body at border gate.

3. After getting the written approval from the Department of Animal Health, before the commodities are transported to the border gate, the commodity owner sends a dossier on quarantine declaration as stipulated in Paragraph 7, Article 4 of this Circular to the animal quarantine body at border gate.

4. The animal quarantine body at border gate shall carry out the quarantine of commodities taken into the bonded warehouse as follows:

a) Issues the Certificate of transportation to the commodity owner for transportation from the import border gate to the bonded warehouse;

b) At the bonded warehouse, animal quarantine body at border gate shall coordinate with customs body to check the present conditions of batches of commodity and make confirmation for the commodity owner to take the commodities to the bonded warehouse.

5. Before taking the commodities out of the bonded warehouse, the commodity owner should send the dossier on quarantine declaration to the animal quarantine body at border gate according to the following provisions:

a) For the aquatic animal products used as materials for processing of exported food, the dossier is specified in Paragraph 3, Article 4 of this Circular;

b) For the aquatic animals and animal products exported to the other countries or foreign cruise ships, the dossier is specified in Paragraph 5, Article 4 of this Circular;

c) For the aquatic animals and animal products imported for domestic consumption, the dossier is specified in Paragraph 6, Article 4 of this Circular;

6. The animal quarantine body at border gate shall carry out the quarantine of commodity taken out of the bonded warehouse as follows:

a) Complies with the provisions in Paragraph 2, 3 and 4, Article 14 of this Circular for the aquatic animals and animal products used as materials for processing of exported food;

b) Complies with the provisions in Paragraph 4, 5 and 6, Article 13 of this Circular for the aquatic animals and animal products domestically consumed;

c) Complies with the provisions under Point a, b, d, Paragraph 3 and Point a, b, Paragraph 5, Article 11 of this Circular; takes specimen for testing the indicators as required by the importing country or the commodity owner (if any) for the exported aquatic animals and animal products;

d) Where the batch of commodity is taken out of the bonded warehouse in part, the animal quarantine body at border gate shall make reconciliation of amount of commodities in the original Certificate of quarantine of the exporting country, keep a copy in the quarantine dossier. The original Certificate of quarantine of the exporting country shall be recovered by the animal quarantine body at border gate and kept in the dossier of the last export of the batch of commodity.

Article 18. Quarantine of aquatic animals and animal products for display in fair, exhibition and art performance

1. The aquatic animals and animal products that are transported out of the provincial areas shall comply with the provisions in Article 6, 7, 8 and 9 of this Circular.

2. The aquatic animals and animal products that are imported shall comply with the provisions in Article 13 of this Circular.

3. Upon the end of fair, exhibition and art performance: The waste and wastewater must be treated to meet the requirements before being discharged into the environment.

Article 19. Quarantine of aquatic animals and animal products exported, carried along or sent by post

1. The commodity owner shall send 01 dossier on quarantine registration to the animal quarantine body at border gate as stipulated in Paragraph 5, Article 4 of this Circular.

2. The animal quarantine body at border gate shall carry out the quarantine as follows:

a) For the aquatic animals: Performs the clinical check, takes specimen to test the diseases as required by the commodity owner or the importing country;

b) For the aquatic animal products: Checks the appearance, takes specimen to test the veterinary sanitary indicators as required by the commodity owner or the importing country;

c) Provides instructions for the commodity owner on keeping the aquatic animals and packaging the aquatic animal products according to regulations, seal or mark the sent commodities and issue the certificate of quarantine to the aquatic animals and animal products that meet the veterinary sanitary requirements.

d) Provides instructions for the commodity owner on handling the aquatic animals and animal products that fail to meet the veterinary sanitary requirements for export.

Article 20. Quarantine of aquatic animals and animal products imported, carried along or sent by post

1. When importing the aquatic animals and animal products not for commercial purposes, the commodity owner shall submit 01 dossier on import quarantine declaration to the animal quarantine body at border gate as stipulated in Paragraph 6, Article 4 of this Circular.

2. The animal quarantine body at border gate shall carry out the quarantine as follows:

a) Checks the quarantine dossier and Certificate of quarantine of exporting country, makes comparison with the type, amount and quantity of commodities actually imported;

b) Checks the present conditions of the batch of commodity; captivity conditions of aquatic animals; packaging and storage of aquatic animal products;

c) In case of detecting a species of aquatic animal not included in the List of commonly imported aquatic animals, aquatic animals caught with disease or with signs of degeneration, such aquatic animals shall be destroyed or returned to the exporting country;

d) After finishing the check, the healthy aquatic animals, the aquatic animal products meeting the veterinary sanitary requirements; aquatic animals in captivity, packaged and stored according to regulation, the animal quarantine body at border gate shall issue the Certificate of import quarantine to the commodity owner to go through the customs or postal procedures.

3. Do not carry along the live aquatic animal and fresh animal products.

Article 21. Transportation of specimen of aquatic specimen

1. When requesting to receive the specimen sent to Vietnam from foreign country or send the specimen from Vietnam to foreign country, the commodity owner shall have to send an application for quarantine registration under the Form No. 06 TS issued with the Appendix V of this Circular to the Department of Animal Health.

2. Within 05 working days after receiving the valid application for registration, the Department of Animal Health shall reply to the commodity owner with the approval or disapproval.

3. The animal quarantine body at border gate which carries out the quarantine shall transport the specimen as follows:

a) Checks the written approval of the Department of Animal Health and other relevant documents; condition of packaging and storage of specimen;

b) Issues the Certificate of transportation to the specimen with valid dossier, proper packaging and storage to ensure the veterinary sanitary requirements.

Chapter III

IMPLEMENTATION PROVISION ĐIỀU KHOẢN THI HÀNH

Article 22. Responsibility of organizations and individuals

1. Responsibility of Department of Animal Health

a) Checks, evaluates the capacity and decide on authorizing the provincial-level body of specialized veterinary management to carry out quarantine and issue the Certificate of quarantine of imported and exported aquatic animals and animal products at some road border gates;

b) Complies with the provisions under Point a, Paragraph 1 and Point a, Paragraph 2, d 59 of the Law on Animal Health;

c) Provides instructions for the area animal health Body, the area animal quarantine Branch and the provincial-level body of specialized veterinary management to carry out the quarantine of aquatic animals and animal products in accordance with the provisions in this Circular.

2. Responsibility of the area animal health Body, the area animal quarantine Branch and the authorized provincial-level body of specialized veterinary management

a) Carry out the quarantine and issue the Certificate of quarantine of imported and exported aquatic animals and animal products according to regulations;

b) Make the monthly, quarterly and yearly reports to the Department of Animal Health on the imported and exported aquatic animals and animal products.

3. Responsibility of the provincial-level bodies of specialized veterinary management

a) Carry out the quarantine of aquatic animals and animal products domestically circulating in accordance with the provisions in this Circular and instructions of the Department of Animal Health;

b) Authorize the quarantine officers to carry out the quarantine and issue the Certificate of quarantine of aquatic animals and animal products transported out of the provincial areas in accordance with regulations of law;

c) Make the monthly, quarterly and yearly reports to the Department of Animal Health on the aquatic animals and animal products domestically circulating.

4. The National Agro-Forestry-Fisheries Quality Assurance Department shall organize the quarantine of exported aquatic animals and animal products used as food in accordance with the provisions in this Circular.

5. Responsibility of commodity owners

a) Comply with the provisions in this Circular, the law on animal health and other relevant laws in quarantine of aquatic animals and animal products;

b) Pay all expenses of quarantine, testing and actual expenses for the treatment and destruction of batches of commodity that fail to meet the requirements (if any) according to the current regulations.

Article 23. Transitional provisions

The printed forms of Certificate of quarantine of aquatic animals and animal products domestically transported as stipulated in the Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010 of the Minister of Agriculture and Rural Development stipulating the order and procedures for quarantine of aquatic animals and animal products are permitted for use by the end of 30/6/2017.

Article 24. Effect

1. This Circular takes effect from 15/8/2016.

2. This Circular replaces the following Circulars:

a) Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010 of the Minister of Agriculture and Rural Development stipulating the order and procedures for quarantine of aquatic animals and animal products;

b) Circular No. 43/2010/TT-BNNPTNT dated 14/7/2010 of the Minister of Agriculture and Rural Development on amending and adding the Article 16 and 17 of the Circular No. 06/TT-BNN-NNPTNT dated 02/02/2010 of the Minister of Agriculture and Rural Development;

c) Circular No. 32/2012/TT-BNNPTNT dated 20/7/2012 of the Minister of Agriculture and Rural Development on the List of subjects of quarantine of aquatic animals and animal products and the List of aquatic animals and animal products subject to the quarantine;

3. This Circular shall annul:

a) The Article 5 of Circular No. 47/2010/TT-BNNPTNT dated 03/8/2010 of the Minister of Agriculture and Rural Development on amending and adding some Articles on administrative procedures of the Decision No. 71/2007/QD-BNN dated 06/8/2007; the Decision No. 98/2007/QĐ-BNN dated 03/12/2007; the Decision No. 118/2008/QD-BNN dated 11/12/2008 and the Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010;

b) The Article 2 of Circular No. 51/2010/TT-BNNPTNT dated 08/9/2010 of the Minister of Agriculture and Rural Development on amending and adding some Articles of the Circular No. 25/2010/TT-BNNPTNT dated 08/4/2010 and the Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010;

c) The Article 2 of Circular No. 53/2010/TT-BNNPTNT dated 10/9/2010 of the Minister of Agriculture and Rural Development on amending and adding some Articles of the Decision No. 86/2005/QD-BNN dated 26/12/2005 and the Circular No. 06/2010/TT-BNNPTNT dated 02/02/2010.

4. Any difficulty or problem arising during the implementation of this Circular should be promptly reported to Ministry of Agriculture and Rural Development for timely settlement./.

APPENDIX I

LIST OF AQUATIC ANIMALS AND THEIR PRODUCTS SUBJECT TO QUARANTINE OR NON-QUARANTINE
(Enclosed with the Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development)

List of aquatic animals and their products subject to quarantine

I. Aquatic animals

1. Fish: fish with scales, catfish and other types of fish.

2. Crustacean: shrimp, crab and other types of crustacean that live under water.

3. Mollusca: cuttlefish, octopus, snail, muscle, meretrix, oyster, barnacle and other types of mollusca that live under water.

4. Amphibian: frog, toad and other types of amphibian.

5. Reptile: tortoise, trionychid turtle, hawksbill sea turtle and other types of reptile living under water or both under water and on land.

6. Coelenterata: jellyfish, hydra and coral.

7. Echinoderm: Holothurian and echinoid.

8. Sponge.

9. Marine mammal: whale, seal, otter and other marine mammals.

10. Other aquatic animals.

11. Other aquatic animals subject to quarantine as required by the importing country or as specified in the regulations of the International Treaties to which Vietnam is a signatory.

II. Aquatic animal products

1. Embryo, egg, sperm and larva of aquatic animals.

2. Fresh, preliminary processed and frozen seafood (including dead bodies of aquatic animals).

3. Salted or processed seafood (dried and smoked seafood).

4. Processed or canned seafood; fish oil.

5. Fresh egg, salty-egg and other products made from eggs of aquatic animals.

6. Skin, fur, fin, scale and shell of aquatic animals in form of fresh, dried or salted seafood.

7. Other aquatic products which are subject to quarantine as required by the importing country or as specified in the regulations of the International Treaties to which Vietnam is a signatory.

B - List of aquatic animals and their products not subject to quarantine

1. Aquatic animals and their products which are imported for diplomatic purposes.

2. Aquatic animal products which have been processed for import in form of personal belongings (not exceeding 05 kg).

APPENDIX IV

INDICATORS FOR TESTING AND SUPERVISING AQUATIC ANIMALS AND THEIR PRODUCTS (1)
(Enclosed with the Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural Development)

Aquatic animals

Diseases of aquatic animals

*Note: The rate of specimens being collected for inspection and testing of diseases is 10% according to the guideline specified in section III hereof.

II. Regulations on periodical supervision

1. For aquaculture facilities which are not yet recognized as having a disease free status or their disease status is not yet monitored, or trading and collection facilities: Collect the specimens once every two months for supervision of disease indicators as specified in section I hereof.

If the facilities’ owners do not carry out periodical supervision, the domestic animal quarantine body shall collect the specimens of each batch of products to inspect the indicators.

2. The prevalence of specimens collected for supervision is estimated at 10% according to the guidelines specified in section III hereof.

3. If the animals are healthy without any signs of disease based on the results of periodical disease supervision and clinical examination (supervision and examination are carried out before transporting aquatic animals out of the province), the domestic animal quarantine body shall issue the certificate of quarantine and transport these animals out of the province.

III. Chart of rates of alive aquatic animal specimens collected for testing pathogens

B. Aquatic products

I. Processed aquatic products

1. Specimens of each batch of products collected for testing

Microorganism, yeast and moulds:

1.2. Sensory, physical and chemical indicators

2. Monitoring inspection

2.1. Indicators for residual chemicals, antibiotics, heavy metals and animal protection drugs:

a. Indicators for drugs, chemicals and antibiotics which are banned from using in veterinary and seafood sectors.

b. Indicators for heavy metals and animal protection drugs.

2.2. Indicators for aquatic animal pathogens: These indicators are specified in section I.A hereof.

2.3. Methods for monitoring inspection:

a. Annually, the Veterinary Department shall provide specific guidance on indicators and quantity of collected specimens of commercial aquatic products and imported aquatic products, based on the actual conditions that require the pathogens and residual amounts of hazardous chemicals to be controlled (heavy metals, animal protection chemicals, veterinary medicines and other hazardous chemicals).

b. Frequencies of specimen collection:

- Collect specimens of 01 batch of products for every 06 batch of products of same type, origin and importer. Such specimens are collected for inspection of monitorable indicators.

- If the indicators do not satisfy the requirements, the animal quarantine body at border gate shall increase the rates of collected specimens: For every 03 batches of products, collect specimens of 01 batch to compare with the unsatisfactory indicators.

- If the results show that the unsatisfactory indicators continue to violate the regulations, the animal quarantine body at border gate shall collect specimens of all batches of imported products for inspection.

c. Handling of supervision results:

- If the results of 03 consecutive inspections show that the indicators are satisfactory, such indicators shall be exempt from monitoring inspection in the following imports and until the end of the supervision.

- If the specimens of all batches of products are collected for inspection, the results shall be handled as follows:

+ For every 06 batches of products, collect the specimens of 01 batch for inspection, if the results of 03 consecutive inspections are satisfactory.

+ Continue to collect specimens of all batches of products for inspection if the results show that the indicators of specimens from 01 to 02 batches are not satisfactory.

+ Halt the imports if the results show that the indicators of specimens from 03 batches of products violate the regulations.

d. Evaluate the monitorable indicators based on the inspection results: Vietnamese and international regulations, standards and technical regulations on food safety.

dd. The animal quarantine body at border gate shall timely report about the unsatisfactory batch of products to the Veterinary Department as required.

II. Unprocessed aquatic products: Inspect indicators of each batch of products based on current standards and technical regulations.

Note:

(1) Inspected indicators may be adjusted based on the actual demands for control of risks of epidemic diseases and infections that may occur to aquatic animals and products.

APPENDIX V

Form: 02 TS

APPLICATION FOR REGISTRATION OF QUARANTINE OF IMPORTED AQUATIC ANIMALS AND AQUATIC ANIMAL PRODUCTS

To: The Department of Animal Health

[Name of the company] wishes to receive instructions from Department of Animal Health on quarantine of the following imports:

- Name and address of the exporter: ……………………………………………………………

………………. ...................................................................................................................

...........................................................................................................................................

- Name and address of the aquaculture facility/breed producer/fish processing facility in the export country: .......................................................................................................

…………………………………………………………………………………………..................

…………………………………………………………………………………………..................

pursuant to

- Code: ...............................................................................................................................

- Import checkpoint: ………………………………………………………………………………

- Time: …………………………………………………………………………………………….

- Purposes: ………………………………………………………………………………………..

- Name and address of the place for quarantine of imported aquatic animals and aquatic animal products

……………………………………………………………………………………………………….

- Enclosure: ………………………………………………………………………………………..

We hereby commit ourselves to strictly abide by the Law on Veterinary Medicine./.

Note:

- The name, quantity, unit, origin and import checkpoint of each aquatic animal species or each type of aquatic animal product must be clearly specified.

- Estimated quantity of animals and animal products to be imported in 6 months;

-(1) Individual size for aquatic animal used as breeds; type of product for aquatic animal products

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
----------------

(Location and date)

Form: 03 TS

DECLARATION FORM OF QUARANTINE OF IMPORTED AND EXPORTED AQUATIC ANIMALS AND AQUATIC ANIMAL PRODUCTS

No………………./KBKD-TSXNK

To: ..............................................................................................

Name of declarant: ..............................................................................................................

Address: ……………………………………………………………………………………………

Tel: ………………………………… Fax: ………………………. Email: ………………………

ID Card/Passport No.:................................ Issuance date: ............ Issuance place: .........

Purpose of quarantine:

Details of shipment:

1. Producer: ........................................................................................................................

2. Package type and packaging specification: …………………………………………………

3. Contract number of payment document number (L/C, TTr...): ........................................

4. Exporter/Importer: ………………………………………………………………………………

5. Export/import country: …………………………………………………………………………

6. Country of transit (if any): ………………………………………………………………………

7. Export checkpoint: ………………………………………………………………………………

8. Import checkpoint: ………………………………………………………………………………

9. Means of transport: ……………………………………………………………………………

10. Purposes: ……………………………………………………………………………………..

11. Written approval of the Department of Animal Health No. …./TY-KDTS dated…….

12. Place of quarantine: .....................................................................................................

13. Place of aquaculture (if any): ……………………………………………………………….

14. Time of quarantine: ………………………………………………………………………….

15. Place of supervision (if any): ……………………………………………………………….

16. Time of supervision: …………………………………………………………………………

17. Number of copies of the quarantine certificate required: .............................................

18. For goods imported directly from foreign fishing vessels, the following information is required:

- Name of fishing vessel: …………………………………………………………………………

- Vessel number: ................................................................................................................

- Vessel nationality: ……………………………………………………………………………….

- Fishing time: ………………………………………………………………………………………

- Fishing areas: ……………………………………………………………………………………

- Fishing method: …………………………………………………………………………………

We hereby commit ourselves to maintain the status quo of the goods, carry the goods to the right place at the right time and only use such goods for declared purposes after receiving the quarantine certificate.

VERIFICATION OF ANIMAL QUARANTINE AUTHORITY

We agreed to bring the goods to .........................................................................................

..........................................................................................…................................................

for the quarantine procedure at …., on…/…/….

VERIFICATION OF THE CUSTOMS (if any):

..........................................................................................…...............................................

..........................................................................................…...............................................

..........................................................................................…...............................................

Note:

- This declaration form is shown on both sides of an A4 sheet;

- The declaration form is made into 3 copies; each is given to the quarantine authority, customs office and the declarant.

-(1) Individual size for aquatic animals used as breeds; type of product for aquatic animal products

CERTIFFICATE OF QUARANTINE OF AQUATIC ANIMALS AND AQUATIC ANIMAL PRODDUCTS NOT IMPORTED FOR USE AS FOODS
No. .../CN-TSNK

Full name of goods owner (or representative): ..................................................................

Address for transaction: .....................................................................................................

Tel: ………………………………………… Mobile: ……………………. Fax: .......................

Aquatic animals or aquatic animal products exported:

Purposes:............................................................................................................................

Method of packaging/storage: …………………………………. Number of packages:.........

Name and address of exporter:...........................................................................................

...........................................................................................................................................

Name and address of producer: .........................................................................................

...........................................................................................................................................

Export country: ……………………….…………………………………… Country of transit:

Import checkpoint of Vietnam: …………………………………………………………………………… Date of import: …/…

Relevant documents:..........................................................................................................

...........................................................................................................................................

Place of quarantine:...........................................................................................................

…………………….. from .../.../20.. to .../.../20....................................................................

QUARANTINE CERTIFICATE

I – the undersigned quarantine officer certify that:

1/ Satisfactory import documents of the above-mentioned aquatic animals/aquatic animal products have been provided.

2/ The aquatic animals do not show clinical signs of infectious disease/The aquatic animal products do not show signs of transformation or disease vectors and are packaged and stored in a manner that meets the veterinary hygiene requirement as regulated.

3/ The above-mentioned goods were sampled and tested according to test results no. …dated....... prepared by ... (2)........... (copies enclosed, if any)

4/ The above-mentioned goods satisfy the following requirements: .................................

...........................................................................................................................................

5/ The means of transport, other relevant instruments attached meet the veterinary hygiene requirement and have been disinfected by ………………...........................................................................................

Note:

- (1) Individual size for aquatic animals used as breeds; type of product for aquatic animal products

- (2) Name of the agency issuing the test results