Thông tư 35/2018/TT-BNNPTNT sửa đổi quy định về kiểm dịch, quản lý thức ăn chăn nuôi

THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

CircularNo. 35/2018/TT-BNNPTNT dated December 25, 2018 of the Ministry of Agriculture and Rural Developmenton amendments to some articles of the Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Veterinary Medicine No. 79/2015/QH13 dated June 19, 2015;

Pursuant to the Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of feeds;

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

The Minister of Agriculture and Rural Development hereby promulgates a Circular on amendments to some Articles of the Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development.

Article 1. Amendments to some Articles of the Circular No. 25/2016/TT-BNNPTNT dated June 30, 2016 of the Ministry of Agriculture and Rural Development on quarantine of terrestrial animals and animal products

1. To add Clauses 1a and 2a to Article 1 as follows:

“1a. This Circular provides for quarantine of animals and inspection of quality of imported animal source feeds before customs clearance with respect to the shipments that have to undergo both animal quarantine and state inspection of quality.

2a. This Circular applies to organizations and individuals related to animal quarantine and state inspection of quality of imported animal source feeds before customs clearance with respect to the shipments that have to undergo both animal quarantine and state inspection of quality.”

2. Clauses 3, 4, 5 and 6 are added to Article 2 as follows:

“3. “Import/ export article”means animal products that are of the same category, name, label, manufacturer and packaging material.

4. “Shipment”means the entire animal products of an import or export shipment (in the same bill of lading).  A shipment may comprise a single or multiple articles.

5. “High-risk animal product”means the simply prepared, fresh, chilled or frozen animal product; feeds that have to undergo inspection of contamination of ruminant products (DNA).

6. “Low-risk animal product”means the animal product which has been processed by adopting industrial or handmade method for instant use.”

3. To add Clause 3 to Article 7 as follows:

“3. The goods owner shall assume responsibility for the quarantine of exports and is not required to submit the Health Certificate for the export shipment to customs authorities for customs clearance.”

4. To amend Clauses 1, 2 and 3 of Article 8 as follows:

“1. Before importing animals, the goods owner shall submit an application for quarantine registration to the Department of Animal Health, whether through the National Single Window Portal, by post or by email/fax with the original application submitted later, or in person.

The application for quarantine registration shall be prepared as prescribed in Clause 1 Article 45 of the Law on Veterinary Medicine. The application form shall be made using the Form No. 19 in the Appendix V hereof.

2. The Department of Animal Health shall process the application in accordance with regulations laid down in Clause 2 Article 46 of the Law on Veterinary Medicine; provide written approval and instructions for quarantine to the goods owner and the animal quarantine authority at the checkpoint, whether by email (if the application for quarantine registration is submitted by post, by email/ fax or in person) or through the National Single Window Portal (if the application for quarantine registration is submitted through the National Single Window Portal).

3. Quarantine declaration

a) Upon the receipt of the written approval and instructions for quarantine from the Department of Animal Health, before the shipment arrives at the checkpoint of import, the goods owner shall submit a set of quarantine declaration documents to the animal quarantine authority at the checkpoint of import, whether through the National Single Window Portal, by post, by email/ fax with the original application submitted later, or in person;

b) The quarantine declaration documents shall be prepared as prescribed in Clause 2 Article 45 of the Law on Veterinary Medicine. The application form shall be made using the Form No. 3 in the Appendix V hereof.”

5. To amend Clause 1 and Point a Clause 3 of Article 9 as follows:

“1. Before importing animal products, the goods owner shall submit an application for quarantine registration to the Department of Animal Health, whether through the National Single Window Portal, by post or by email/fax with the original application submitted later, or in person.

The application for quarantine registration shall be prepared as prescribed in Clause 1 Article 8 of this Circular.

3. Quarantine contents

a) Comply with regulations set forth in Clause 2 Article 47 of the Law on Veterinary Medicine. In case a shipment is imported to be used as samples and its weight is less than 50 kg, the Health Certificate given by a competent authority of the exporting country and sampling of such shipment are not required;”

6. To add Article 9a as follows:

“Article 9a. Animal quarantine and inspection of quality of imported animal source feeds before customs clearance

1. Imported animal source feeds on the List of imports subject to inspection by a specialized agency before customs clearance under the management of the Ministry of Agriculture and Rural Development have to undergo both quarantine and quality inspection.

2. Before the import, the goods owner shall submit an application for quarantine registration to the Department of Animal Health, whether through the National Single Window Portal, by post or by email/fax with the original application submitted later, or in person. The application includes:

a) A registration of quarantine and inspection of quality of imported animal source feeds (Form No. 20a enclosed with this Circular);

b) Documents specified in Point b Clause 1 Article 45 of the Law on Veterinary Medicine;

c) Documents specified in Clause 1 Article 19 of the Government’s Decree No. 39/2017/ND-CP dated April 04, 2017 on management of feeds (hereinafter referred to as “the Decree No. 39/2017/ND-CP”) in case of imported feeds or documents specified in Clause 3 Article 19 of the Decree No. 39/2017/ND-CP in case of recalled or returned feeds.

3. The Department of Animal Health shall process the application in accordance with regulations laid down in Clause 2 Article 46 of the Law on Veterinary Medicine and Point b Clause 4 Article 19 of the Decree No. 39/2017/ND-CP; provide written approval and instructions for quarantine to the goods owner and the animal quarantine authority at the checkpoint by email (if the application for quarantine registration is submitted by post, by email/ fax or in person) or through the National Single Window Portal (if the application for quarantine registration is submitted through the National Single Window Portal).

4. The animal quarantine authority at the checkpoint shall carry out quarantine as prescribed in Clause 3 Article 9 of this Circular and inspect quality of imported animal source feeds as prescribed in the Decree No. 39/2017/ND-CP. If a parameter is included in both the quarantine and inspection, it shall undergo testing by the animal quarantine authority at the checkpoint. In case the quarantine declarant has not had an original Health Certificate given by a competent authority of the exporting country, he/she is required to provide it during the quarantine and inspection of feed quality.

5. The animal quarantine authority at the checkpoint shall send the Health Certificate and Certificate of quality directly to the goods owner or through the National Single Window Portal (if the goods owner registers quarantine and quality inspection through the National Single Window Portal).

6. Regarding imported animal and plant source feeds, the Department of Animal Health shall carry out quarantine and state inspection of quality thereof and notify the Plant Protection Department for cooperation.”

7. To add Article 9b as follows:

 “Article 9b. Quarantine of indirectly exported and imported animal products

1. The quarantine of animal products for which import quarantine procedures have been completed but which have not yet been processed or re-packaged for indirect import or export is not required.

2. If animal products are sold from the domestic market to export processing enterprises, only the quarantine for transport of animal products to another province shall be carried out.”

8. To amend Clauses 1, 2 and 3 of Article 14 as follows:

“1. Before animals/ animal products are temporarily imported for re-export, temporarily exported for re-import, moved to another checkpoint and transited through Vietnam, the goods owner shall submit an application for quarantine registration to the Department of Animal Health, whether through the National Single Window Portal, by post,  by email/ fax with the original application submitted later, or in person.

The application for quarantine registration shall be prepared as prescribed in Clause 1 Article 48 of the Law on Veterinary Medicine. The application form for instructions for quarantine shall be prepared using the Form No. 17 in the Appendix V hereof.

2. The Department of Animal Health shall process the application in accordance with regulations laid down in Clause 2 Article 49 of the Law on Veterinary Medicine; provide written approval and instructions for quarantine to the goods owner and the animal quarantine authority at the checkpoint, whether by email (if the application for quarantine registration is submitted by post, by email/ fax or in person) or through the National Single Window Portal (if the application for quarantine registration is submitted through the National Single Window Portal).

3. Quarantine declaration

a) Regulations set forth in Point a Clause 3 Article 8 of this Circular shall be complied with;

b) The documents about quarantine declaration shall be prepared as prescribed in Clause 2 Article 48 of the Law on Veterinary Medicine. The application form for quarantine declaration shall be prepared using the Form No. 3 in the Appendix V hereof.”

9. To amend Clauses 1, 2, 3 and 6 of Article 15 as follows:

“1. Before animals/ animal products are sent to or dispatched from the bonded warehouse, the goods owner shall submit an application for quarantine registration to the Department of Animal Health, whether through the National Single Window Portal, by post, by email/ fax with the original application submitted later, or in person.

The application for quarantine registration shall be prepared as prescribed in Clause 1 Article 48 of the Law on Veterinary Medicine. The application form for instructions for quarantine shall be prepared using the Form No. 18 in the Appendix V hereof.

2. The Department of Animal Health shall process the application in accordance with regulations laid down in Clause 2 Article 49 of the Law on Veterinary Medicine; provide written approval and instructions for quarantine to the goods owner and the animal quarantine authority at the checkpoint, whether by email (if the application for quarantine registration is submitted by post, by email/ fax or in person) or through the National Single Window Portal (if the application for quarantine registration is submitted through the National Single Window Portal).

3. Quarantine declaration

a) Regulations set forth in Point a Clause 3 Article 8 of this Circular shall be complied with;

b) The documents about quarantine declaration shall be prepared as prescribed in Clause 2 Article 48 of the Law on Veterinary Medicine. The application form for quarantine declaration shall be prepared using the Form No. 3 in the Appendix V hereof.”

6. The animal quarantine authority at the checkpoint shall quarantine goods dispatched from the bonded warehouse as follows:

a) Perform quarantine tasks specified in Article 9 of this Circular if animal products are domestically sold, and Article 11 of this Circular if animal products are used for processing of foods for export;

b) Perform quarantine tasks specified in Article 50 of the Law on Veterinary Medicine if animal products are sent to the bonded warehouse for re-export. In such case, the Health Certificate shall be issued using the Form No. 16b in the Appendix V hereof;

c) If the shipment is partially dispatched from the bonded warehouse, the animal quarantine authority at the checkpoint shall deduct the quantity of goods dispatched according to the original Health Certificate issued by a competent authority of the exporting country and keep a copy thereof together with the quarantine dossier. The animal quarantine authority at the checkpoint shall keep the original Health Certificate issued by a competent authority of the exporting country together with the dossier of the final dispatch of goods of the shipment (in case products are imported for domestic consumption or processing of foods for export) or return it to the goods owner (in case products are re-exported).”

10. To amend Clauses 1, 3 and 4 Part II of the Appendix I as follows:

“1. Meat, meat products, organs and offal of animals derived from terrestrial animals.

3. Milk and dairy products.

4. Eggs and products of eggs of terrestrial animals.”

11. To repeal Clause 16 Part II of the Appendix I.

12. To amend Part II of the Appendix II as follows:

“1. Imported and exported animals/animal products shall comply with diplomatic regulations.

2. Products used for research into and production of vaccines and biological preparations: sera of horses, oxen, sheep; products used as herbal ingredients: Scolopendra subspinipes (centipede), Periostracum cicadae (the cast-off shell of the cicada), Buthus martensi (scorpion), Gelatinum asini (gelatin obtained from the skin of the donkey), pantogematogen, deer antler velvet; silk-worm cocoons; products sufficiently processed for processing of finished articles of apparel: pieces of leather/strips of fur and feather”.

13. To amend Appendix V as follows:

a) Forms No. 1, 2, 3, 8, 9, 14a, 14b and 15a are amended as follows: replace the phrases “Chứng minh nhân dân số” (“ID Card No.”) and “số Giấy chứng minh nhân dân” (“Number of ID Card”) with “Số chứng minh nhân dân/Số Hộ chiếu/Số định danh cá nhân” (“ID Card No./Passport No./Personal identification No.”);

b) Point b Clause 15 and title of the Form No. 15b is changed into “Giấy chứng nhận kiểm dịch sản phẩm động vật nhập khẩu” (“Animal health certificate for export”);

c) To amend Clause 20a of the Appendix V as follows:

 “20a. Registration of quarantine and inspection of quality of imported animal source feeds”;

d) To repeal Point c of Clause 15.

14. To amend Clause 1 Part II of the Appendix XII as follows:

“1. Animal products used as foods:

a) Regarding high-risk animal products:

Take sample of each shipment to serve the test for the parameters prescribed in Point c Clause 1 Part II of the Appendix XII hereof.

The animal quarantine authority at the checkpoint shall take samples at the checkpoint, inspect the status of goods and issue the Certificate of transport (Form No. 14b) so that the goods owner transports goods to the warehouse at his/her request (the warehouse is required to meet veterinary hygiene requirements). The goods owner shall be responsible for the transport and storage of goods while awaiting quarantine. If the animal quarantine authority at the checkpoint fails to take samples at the checkpoint, the sampling may be carried out at the warehouse.

Frozen animal products must be kept at the checkpoint until the satisfactory quarantine results are obtained.

b) Regarding low-risk animal products:

Take samples to serve testing for the parameters prescribed in Point c Clause 1 Part II of the Appendix XII hereof.

Sampling frequency: Samples shall be randomly taken from one of every 05 shipments for inspection/ testing. If any violation is found, samples shall be taken from 03 consecutive shipments for inspection/ testing. If results thereof are satisfactory, samples shall be randomly taken from one of every 05 shipments for inspection/ testing.

Samples shall be taken at the checkpoint or the goods owner s warehouse which must meet veterinary hygiene requirements (if requested by the goods owner). The goods owner shall be responsible for the transport and storage of shipments while awaiting quarantine.

With regard to shipments of which sampling is not required, within 01 working day, the animal quarantine authority at the checkpoint shall only inspect the shipment documents. If the shipment documents are satisfactory, the Health certificate for import shall be issued. The goods owner shall take responsibility for imports.

c) Harmful microorganisms, organoleptic and physicochemical characteristics:

Sampling according to the prescribed sampling frequency shall apply to total import shipments from January 01 to December 31 of the same year.

d) With regard to shipments of which sampling is compulsory: 03 samples shall be taken from the shipment that comprises only one article; 05 samples shall be taken from the shipment that comprises 02 articles or more.”

15. To amend Clause 2 Part II of the Appendix XII as follows:

“2. Feeds and raw materials used for producing imported animal source feeds:

a) Regarding raw materials used for producing imported animal source feeds, it is required to take sample of each shipment to test forSalmonella spp, E. coliaccording to applicable regulations, national technical standards and regulations of Vietnam, and international regulations on microbiological contaminants;

b) Regarding finished foods that contain animal products, samples shall be randomly taken from one of every 05 shipments to test forSalmonella spp, E. coliaccording to applicable regulations, national technical standards and regulations of Vietnam, and international regulations on microbiological contaminants;

c) It is required to carry out ruminant DNA inspection of feed ingredients/finished foods that contain animal products from countries at risk of bovine spongiform encephalopathy or whenever requested.

d) The animal quarantine authority at the checkpoint shall receive documents and inspect feed quality as prescribed in Articles 16, 18 and 20 of the Decree No. 39/2017/ND-CP;

If the goods owner selects another designated unit to inspect feed quality, such designated unit shall send results of inspection of feed quality to the animal quarantine authority at the checkpoint. A parameter that has been quarantined is not required to undergo quality inspection;

dd) Regarding animal products that are not required to undergo ruminant DNA inspection, if the goods owner wishes to transport goods to the warehouse (the warehouse must meet veterinary sanitation requirements), the animal quarantine authority at the checkpoint shall take samples at the checkpoint, inspect the status of goods and issue the Certificate of transport (Form No. 14b) so that the goods owner transports goods to the warehouse or samples may be taken at the warehouse. The goods owner shall be responsible for transport and storage of goods and is not allowed to transport goods for sale when satisfactory quarantine results are yet to be obtained;

e) Regarding feed ingredients/finished foods containing animal products that are required to undergo DNA ruminant inspection, they must be kept at the checkpoint until satisfactory inspection results are obtained.”

16. To add Part IV to the Appendix XII as follows:

 “IV. The quarantine of imported terrestrial animal products imported used for processing of exports shall cover:

1. Inspection of quarantine dossier and Health Certificate issued by the competent animal health authority of the exporting country to shipments.

2. Inspection of status of goods.

3. Collection of samples for testing for pathogens:

a) Regarding chicken meat, duck meat, goose meat and edible offal of chickens, ducks and geese: test for pathogens causing highly pathogenic avian influenza (H5-, H7-);

b) Regarding pork and edible offal of pigs: test for pathogens causing leptospirosis, trichinellosis and African swine fever (regarding countries and territories facing diseases);

c) Regarding meat of bovine animals, sheep or goats and edible offal of bovine animals, sheep or goats: test for pathogens causing leptospirosis.

4. Sampling frequency and number of samples taken for inspection: 03 samples shall be taken from one of every 06 shipments for inspection.

5. In the cases where shipments are required to undergo inspection of quarantine dossiers, Health Certificate or status: if it is discovered that veterinary hygiene requirements are not met, samples shall be taken to test for veterinary hygiene parameters.

6. Testing results shall be processed in accordance with applicable regulations.

According to the animal disease status of the exporting country and risks that need to be under control, the Department of Animal Health shall provide guidelines for revisions to analytical parameters”.

17. To change the phrase “Cơ quan Thú y vùng” (“Regional animal health authority”) into “Chi cục Thú y vùng” (“Regional animal health office”) prescribed in this Circular.

Article 2. Amendments to the Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 of the Minister of Agriculture and Rural Development providing guidelines for the Government No. 39/2017/ND-CP

1. To add Clauses 2b and 3b to Article 9 as follows:

 “2b. Regarding imported animal source feeds, administrative procedures for both animal quarantine and state inspection of imported feed quality shall be initiated:

If the result of quality inspection is not satisfactory, the organization designated to carry out inspection shall send a notification of inspection result to the Department of Animal Health and inspected entity, whether by post, fax or email.

Within 07 working days from the receipt of the notification, if the inspected entity does not appeal against the inspection result, the Department of Animal Health shall take actions against violations as prescribed by law.

3b. Appeals against about results of inspection of quality of imported feeds shall be settled concurrently with administrative procedures for both animal quarantine and state inspection of imported feed quality:

In case of disagreement with the quality inspection result, the inspected entity is entitled to submit a written request for re-inspection and re-analysis to the Department of Animal Health.

The Department of Animal Health shall carry out a test or take other samples (when necessary) and send them to another designated testing laboratory. Result of this test serves as the basis for giving a final conclusion.

In the cases where there is only 01 designated testing laboratory, the Department of Animal Health may send testing samples to a foreign laboratory recognized by regional or international accreditation organizations or designated/recognized by the Ministry of Agriculture and Rural Development.”

2. To add Clause 5 of Article 11 as follows:

“5. The Department of Animal Health shall organize state inspection, receipt and handling of administrative procedures related to inspection of quality of imported animal source feeds that are required to undergo animal quarantine before customs clearance as prescribed in the Decree No. 39/2017/ND-CP.”

Article 3. Effect

1. This Circular takes effect on February 10, 2019.

2. If the application software is not available on the National Single Window Portal on the effective date of this Circular, goods owners shall submit documents to the Department of Animal Health, whether by post,  by email/ fax with the original documents submitted later, or in person and receive processing results thereof by email.

Article 4. Transition clauses

1. If applications for registration of inspection of quality of imported animal source feeds that are required to undergo animal quarantine are submitted to the Directorate of Fisheries or the Department of Livestock Production before the effective date of this Circular, the Directorate of Fisheries or the Department of Livestock Production shall keep inspecting quality.

2. In the cases where written approval for adoption of policy on temporary exemption from inspection or temporary reduced inspection granted by the Directorate of Fisheries or the Department of Livestock Production is available, such regulations shall continue to be applied until the expiry date of such written approval.

3. Applications for temporary exemption from inspection or temporary reduced inspection submitted to the Directorate of Fisheries or the Department of Livestock Production before the effective date of this Circular, the Directorate of Fisheries or the Department of Livestock Production shall keep processing such applications as prescribed by law.

4. During the period a national technical regulation on feeds is not available, the bases for inspecting quality of imported animal source feeds are applied standards.

The Directorate of Fisheries and the Department of Livestock Production shall prepare and propose the promulgation of the national technical regulation on feeds as prescribed by law. Such regulation must come into force from January 01, 2020.

Article 5. Responsibility for implementation

1. The Director of the Department of Animal Health, the General Director of the Directorate of Fisheries, the Director of the Department of Livestock Production and heads of relevant organizations and individuals are responsible for the implementation of this Circular.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration./.

For The Minister

The Deputy Minister

Phung Duc Tien 

APPENDIX:

REGISTRATION OF QUARANTINE AND INSPECTION OF QUALITY OF IMPORTED ANIMAL SOURCE FEEDS
(Enclosed with the Circular No.35/2018/TT-BNNPTNT dated February 25, 2018 of the Minister of Agriculture and Rural Development)

GIẤY ĐĂNG KÝ KIỂM DỊCH VÀ KIỂM TRA XÁC NHẬN CHẤT LƯỢNG THỨC ĂN CHĂN NUÔI, THỦY SẢN CÓ NGUỒN GỐC ĐỘNG VẬT NHẬP KHẨU/REGISTRATION OF QUARANTINE AND INSPECTION OF QUALITY OF IMPORTED ANIMAL SOURCE FEEDS

Kính gửi: …………………………………………………../ To:…………………………………………………..

Xác nhận của cơ quan kiểm dịch và kiểm tra chất lượng/Confirmation by authority in charge of quarantine and quality inspection

Đồng ý đưa hàng hóa về địa điểm: ……………………………………………………. để làm thủ tục kiểm dịch và lấy mẫu kiểm tra chất lượng vào hồi …… giờ, ngày …….. tháng …….. năm ……./Goods are allowed to be transported to: ……………………………………………………. (specify the location) to follow procedures for quarantine and sampling at ……(specify time), on (date)…….. (month) …….. (year)…….

Sau khi có Giấy chứng nhận vận chuyển hoặc Giấy chứng nhận kiểm dịch động vật lô hàng có thể được đưa về kho bảo quản(trừ hàng hóa phải kiểm tra ADN của loài nhai lại)trong khi chờ kết quả kiểm tra nhà nước về chất lượng thức ăn chăn nuôi, thủy sản nhập khẩu theo quy định pháp luật về hải quan (đối với chế độ kiểm tra thông thường, kiểm tra chặt)/After obtaining the Certificate of transport or Animal Health Certificate, the shipment may be transported to the warehouse (except the goods required to undergo ruminant DNA inspection) while awaiting results of state inspection of imported feed quality in accordance with regulations of law oncustoms (regarding the policy on normal inspection/tightened inspection)

Lô hàng chỉ được phép thông quan sau khi có Giấy chứng nhận kiểm dịch và Giấy xác nhận chất lượng thức ăn chăn nuôi, thủy sản nhập khẩu (đối với chế độ kiểm tra giảm có thời hạn, thông thường, kiểm tra chặt)./The shipment is only granted customs clearance after the Health Certificate or Certificate of quality of imported feeds is obtained (regarding the policy on temporary inspection/normal inspection/tightened inspection).

Xác nhận của Cơ quan Hải quan/ Certification by customs authority

(Trong trường hợp lô hàng không được nhập khẩu)/(In case the shipment is not allowed to be imported)

Lô hàng không được nhập khẩu vào Việt Nam vì lý do: ………………………………………/The shipment is not allowed to be imported into Vietnam for the reason that: ………………………………………/