THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
37/2006/TT-BNN
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Hanoi, May 16, 2006
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CIRCULAR
GUIDING
THE CONDITIONS, ORDER AND PROCEDURES FOR THE GRANT, WITHDRAWAL AND RE-GRANT OF
VETERINARY MEDICINE PRACTICE CERTIFICATES; AND THE INSPECTION OF VETERINARY
SANITATION CONDITIONS OF VETERINARY MEDICINE ESTABLISHMENTS
Pursuant to
the April 29, 2004 Ordinance on Veterinary Medicine;
Pursuant to the Government's Decree No.
33/2005/ ND-CP of March 15, 2005,
detailing the implementation of a
number of articles of the Ordinance on Veterinary Medicine,
The Ministry of Agriculture and Rural Development hereby guides the conditions,
order and procedures for the grant, withdrawal and re-grant of veterinary
medicine practice certificates; and the inspection of veterinary sanitation conditions of veterinary medicine establishments
as follows:
1. Scope
of regulation and subjects of application
1.1.
This Circular applies to all scopes of
veterinary medicine practice provided for in Article 52 of the Ordinance
on Veterinary Medicine.
1.2.
Vietnamese and foreign organizations and individuals engaged in veterinary
medicine activities within the Vietnamese
territory shall have to follow the guidance in this Circular.
2. Interpretation of terms
The terms
referred to in this Circular are construed as follows:
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2.2. Veterinary
medicine services mean activities in service of animal raising, growth and
reproduction with a view to protecting and
developing animals and ensuring food hygiene and safety for
animal-product users.
3.1. Conditions on professional
qualifications:
Apart from the conditions on professional
qualifications specified in Clause 1, Article 64 of the Government's Decree No.
33/2005/ND-CP of March 15, 2005, detailing
the implementation of a number of articles of the Ordinance on
Veterinary Medicine (hereinafter referred to as Decree No. 33/2005/ND-CP), the
conditions on professional qualifications specified at Points a and d, Clause
1, Article 64 of Decree No. 33/2005/ND-CP are guided specifically as follows:
a/ Persons practicing clinical diagnosis,
prescription, medical treatment and care for animal health in mountainous,
deep-lying or remote areas shall be granted practice certificates if they have
certificates of animal-health training, granted by provincial/municipal Animal Health Sub-Departments (hereinafter
referred to as provincial-level Animal Health Sub-Departments) or by foreign
projects.
b/ Owners of shops dealing in veterinary
drugs, medical biologicals, microorganisms
and/or chemicals for veterinary use (hereinafter collectively referred
to as veterinary drugs) shall be granted practice certificates if they have
animal-raising engineer diplomas or intermediate-level certificates of animal
health or animal raising and animal health training, granted by competent
training establishments.
3.2. Health
conditions:
Health
conditions for persons practicing veterinary medicine shall comply with
the provisions of Clause 2, Article 64 of
Decree No. 33/2005/ND-CP.
4. Order of granting veterinary medicine
practice certificates
4.1. Competent
state management agencies specializing in health animal defined in Clause 1,
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a/ Checking the conditions on professional
qualifications, professional ethics, health, establishments' veterinary
sanitation conditions, equipment, facilities and veterinary instruments
required for such registered scope of practice; and granting veterinary medicine practice certificates only to
qualified individuals according to the provisions of law on veterinary
medicine;
b/ For
individuals that practice vaccination, castration, clinical diagnosis,
prescription, medical treatment and care for animal health without fixed places
of practice, their dossiers of application for practice certificates shall also
include lists of instruments and materials
necessary for practice; and they
must pay fees for the grant of veterinary medicine practice certificates according to the provisions
of the Finance Ministry's Decision No. 08/2005/QD-BTC of January 20,
2005, providing for the regime of collection, remittance, management and use of
veterinary charges and fees;
c/ For individuals or organizations that
apply for certificates of practice of animal
test, disease diagnosis and surgery
or veterinary drug experimentation, test, assay or manufacture but have
not yet built establishments fully
satisfying the required veterinary sanitation conditions, if they need such
certificates for completion of business registration procedures,
agencies competent to grant veterinary medicine practice certificates shall
check the conditions on professional
qualifications and health and grant such certificates to qualified
individuals according to the provisions of
Article 64 of Decree No. 33/2005/ND-CP.
4.2. Individuals and organizations that are
granted practice certificates under
the provisions of Point 4.1 .c, Item
4, Section 2 of this Circular must make a written commitment to report to agencies competent to
grant practice certificates at least 15 days before their establishments commence operation so that the
latter can inspect the veterinary
sanitation conditions of their establishments according to regulations.
5.
Procedures for grant of veterinary medicine practice certificates
5.1.
Procedures for the grant of veterinary medicine practice certificates
shall comply with the provisions of Clauses
1 and 3, Article 65 of Decree No. 33/2005/ ND-CP.
5.2 Dossiers of application for veterinary
medicine practice certificates shall comply with the provisions of Clause 3, Article 54 of the Ordinance on
Veterinary Medicine, and Clause 2, Article 65 of Decree No. 33/
2005/ND-CP. Applicants' resumes and copies of professional
qualifications should follow the guidance below:
a/ Resumes of
applicants for veterinary medicine practice certificates must be certified by
the heads of the units where the applicants work or by the administrations of
the localities where the applicants reside;
b/ Copies of
professional diplomas or certificates must be notarized. Original professional
diplomas or certificates in a foreign language must be translated into
Vietnamese.
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6. Term and procedures for extension, of veterinary medicine
practice certificates
6.1. The term of a veterinary medicine
practice certificate is 5 years from the date of its signing.
6.2. The extension of practice certificates
shall comply with the provisions of Clause 5, Article 65 of Decree No.
33/2005/ND-CP.
6.3. Agencies competent to grant veterinary
medicine practice certificates shall inspect the veterinary sanitation
conditions of establishments before extending their veterinary medicine
practice certificates.
Section
3. COMPETENCE, ORDER AND PROCEDURES
FOR WITHDRAWAL AND RE-GRANT OF
VETERINARY MEDICINE PRACTICE CERTIFICATES
7.
Competence to withdraw veterinary medicine practice certificates
Agencies that
grant veterinary medicine practice certificates shall have the competence to
withdraw them.
8.
Order of withdrawing veterinary medicine practice certificates
Upon detection
or receipt of reports on violations which
are subject to withdrawal of veterinary medicine practice certificates under the provisions of Article 67 of
Decree No. 33/2005/ND-CP, the director of the Animal
Health Department or heads of provincial-level Animal Health Sub-Departments shall, within the ambit of their respective functions, tasks and powers,
issue decisions on the withdrawal of veterinary medicine practice certificates and inspect the execution
thereof.
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9.1.
Veterinary medicine practice certificates were granted ultra vires.
9.2.
Individuals are certified by competent agencies that they no longer fall
into the subjects defined in Article 66 and fully meet the conditions specified
in Article 64 of Decree No. 33/2005/ND-CP.
10.
Order and procedures for re-grant of
veterinary medicine practice certificates
10.1. Applicants
for re-grant of veterinary medicine practice certificates shall send
their dossiers to competent agencies defined
in Clause 1, Article 65 of Decree No. 33/2005/ND-CP.
10.2.
Agencies competent to grant veterinary medicine
practice certificates shall follow the re-grant order and procedures
guided in Clauses 4 and 5, Section 2 of this Circular.
Section 4. INSPECTION OF VETERINARY SANITATION CONDITIONS OF VETERINARY MEDICINE ESTABLISHMENTS
11.
Competence and order of inspecting
veterinary sanitation conditions of veterinary medicine establishments
11.1. Individuals or organizations that
practice animal surgery or non-clinical test or diagnosis; manufacture, trade,
import, export, experiment, test or assay
veterinary drugs must satisfy the veterinary sanitation conditions set
for their establishments according to the
provisions of Articles 16, 52, 54 and 55 of Decree No. 33/2005/ND-CP.
11.2. Agencies competent to grant veterinary medicine
practice certificates shall inspect the veterinary sanitation conditions of
establishments before granting the practice certificates or before the
establishments commence their operation according to the provisions of Clause 4, Section 2 of this Circular.
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11.4. Individuals and organizations must
ensure veterinary sanitation conditions of their practice establishments
throughout their operation duration according to the provisions of law on
veterinary medicine; any violations shall be
sanctioned according to the provisions of law on veterinary medicine and
other relevant laws.
12. Responsibilities of competent agencies
The Animal Health Department shall guide the
forms of veterinary medicine practice certificates.
Provincial-level Animal Health
Sub-Departments shall grant veterinary medicine practice certificates under the
guidance in this Circular.
13. Implementation effect
This Circular takes effect 15 days after its
publication in "CONG BAO." All previous regulations which are
contrary to this document are hereby annulled.
If facing any
problems in the course of implementation,
organizations and individuals should rep ort them to the Ministry of
Agriculture and Rural Development for timely adjustment or supplementation.
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