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MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2024/ TT-BNNPTNT
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Hanoi, November 20, 2024
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO.
09/2016/TT-BNNPTNT DATED JUNE 01, 2016 OF THE MINISTER OF AGRICULTURE AND RURAL
DEVELOPMENT ON ANIMAL SLAUGHTER CONTROL AND VETERINARY HYGIENE INSPECTION
Pursuant to the
Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 on functions,
tasks, powers and organizational structure of the Ministry of Agriculture and
Rural Development;
Pursuant to the Law on
Veterinary Medicine dated June 19, 2015;
At the request of the
Director of the Department of Animal Health;
The Minister of
Agriculture and Rural Development hereby promulgates Circular on amendments to
some articles of Circular No. 09/2016/TT-BNNPTNT dated June 01, 2016 of the
Minister of Agriculture and Rural Development on animal slaughter control and
veterinary hygiene inspection
Article
1. Amendments to some articles of Circular No. 09/2016/TT-BNNPTNT dated June
01, 2016 of the Minister of Agriculture and Rural Development on animal
slaughter control and veterinary hygiene inspection
1. Article 36 shall be
amended as follows:
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1. Legal grounds for
inspection of veterinary hygiene
a) Corresponding national
technical regulations/standards;
b) Relevant legislative documents.
2. Regarding the
establishments specified in point d section 2 Appendix I, the veterinary
hygiene inspection shall follow procedures and be consistent with applications
specified in Article 37 of this Circular.
3. Regarding the
establishments whose business operations involve export, the veterinary hygiene
inspection shall be conducted at the request of the importing countries or the
owners of goods
4. It is not required to
conduct the initial and periodic inspections of veterinary hygiene in case the
establishment is issued with one of the unexpired certificates or equivalent
documents, including Certificate of Eligibility for Food Safety; Vietnamese
Good Agricultural Practices (VietGAHP); Global Good Agricultural Practice
(GLOBALG.A.P.); Good Manufacturing Practice (GMP); Hazard Analysis and Critical
Control Point (HACCP); Food Safety Management System ISO 22000, International
Food Standards (IFS); British Retail Consortium (BRC); Food Safety System
Certification (FSSC 22000), Disease Safety Certificate; Certificate of
Livestock Eligibility, Certificate of Eligibility for Feed Production.
5. The samples taken from
the inspections of veterinary hygiene shall be analyzed by the laboratory that
is issued with a certificate of registration of testing in accordance with
regulations. The registered testing shall meet criteria for inspection of
veterinary hygiene.”.
2. Article 37 shall be
amended as follows:
“Article 37.
Applications and procedures for inspection of veterinary hygiene
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a) Department of Animal
Health: establishments whose business operations involve export, a combination
of export and domestic sale, or a combination of export and import;
b) Regional
Sub-Departments of Animal Health, Regional Sub-Departments of Animal Quarantine
affiliated to the Department of Animal Health: establishments whose business
operation involves export, a combination of export and domestic sale, or a
combination of export and import in provinces and central-affiliated cities. To
be specific:
Regional Sub-Department
of Animal Health I: Hanoi, Hoa Binh, Ha Nam, Nam Dinh, Ninh Binh, Phu Tho, Vinh
Phuc, Son La, Yen Bai.
Regional Sub-Department
of Animal Health II: Hai Phong, Thai Binh, Tuyen Quang, Thai Nguyen, Bac Ninh,
Hai Duong, Hung Yen.
Regional Sub-Department
of Animal Health III: Thanh Hoa, Nghe An, Ha Tinh, Quang Binh, Quang Tri, Thua
Thien Hue.
Regional Sub-Department
of Animal Health IV: Da Nang, Quang Nam, Quang Ngai, Phu Yen, Khanh Hoa, Binh
Dinh.
Regional Sub-Department
of Animal Health V: Gia Lai, Kon Tum, Dak Lak, Lam Dong, Dak Nong. Regional
Sub-Department of Animal Health VI: Ho Chi Minh City, Ninh Thuan, Binh Thuan,
Dong Nai, Ba Ria-Vung Tau, Binh Duong, Binh Phuoc, Tay Ninh, Long An, Tien
Giang, Ben Tre.
Regional Sub-Department
of Animal Health VII: Can Tho, Hau Giang, Vinh Long, Tra Vinh, Dong Thap, An
Giang, Soc Trang, Kien Giang, Bac Lieu, Ca Mau.
Quang Ninh’s Sub-Department
of Animal Quarantine: Quang Ninh.
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Lao Cai’s Sub-Department
of Animal Quarantine: Lao Cai, Dien Bien, Ha Giang, Lai Chau.
c) Provincial veterinary
authorities: establishments other than those specified in points a and b of
this clause.
2. Each inspection
authority specified in clause 1 of this Article shall be responsible for
establishing an inspectorate, and sending written requests to relevant agencies
that will appoint their members to participate in the inspectorate (if
necessary); each member of the inspectorate shall meet the following
requirements:
a) The head of the
inspectorate must be a departmental leader or higher of an inspection authority
or a public employee having at least 5 years of experience in state management
of veterinary, animal husbandry or fishery;
b) At least 01 member has
completed a training course on assessment of veterinary hygiene organized by
the Department of Animal Health; at least 01 member holds a bachelor's degree
or higher in animal husbandry or veterinary or fishery;
c) The sample collector
must be issued with a certificate of training in sampling.
3. Inspection contents
Inspection contents shall
comply with regulations in point a and point b clause 3 Article 68 of the Law
on Veterinary Medicine.
4. Inspection methods
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b) Marking each criterion
as "Passed" or "Failed" in the columns with the symbol
[ ];
c) Regarding
"Failed" criteria, explaining contents and providing reasons;
d) Not changing contents,
adding or cutting assessment criteria;
dd) An establishment is
considered "PASSED"" if at least 70% of the criteria are marked
as "PASSED"; an establishment is considered "FAILED" if
less than 70% of the criteria are marked as "PASSED"
e) After remediation, the
establishment considered "FAILED" shall send a report on result of
remediation, using form No. 07dd in Appendix II enclosed with this Circular to
the inspection authority;
g) In case of prevention
and control of natural disasters and epidemics as per law, online inspection of
veterinary hygiene at each production/trade establishment may be conducted.
The inspection authority shall make a record of inspection of veterinary
hygiene according to the result of online inspection; the production/trade
establishment shall be responsible to the law on the accuracy of information,
documents, images and application provided for the inspection authority.
5. Frequency of
inspection:
a) Initial inspection,
regarding newly established establishments;
b) Periodic inspection
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Other establishments
shall be inspected every 18 months after the "PASSED" result is
given;
c) Ad hoc inspection
The ad hoc inspection
shall be conducted in one of the following cases: there is any sign of
violations against regulations on veterinary hygiene; there is any complaint or
proposal from the organization/individual; incidents involved in veterinary
hygiene happen; the “FAILED” establishment shall take remedial measures at the
request of the inspection authority; the importing country gives warnings;
d) Regarding
establishments producing/trading animal products for export;
The veterinary hygiene
inspection shall be conducted at the request of the importing countries or the
owners of goods.
6. Procedures:
a) Every year, the
inspection authority specified in clause 1 of this Article shall formulate an
inspection plan on the basis of a list of establishments under its management;
make a cost estimate and submit it to a competent authority for approval;
notify the plan, time, contents and methods of inspection to each inspected
establishment;
b) Conducting inspection
The inspectorate shall
conduct on-site inspection and collect brief details about the establishment
according to Form No. 02 Appendix II enclosed with this Circular;
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Form No. 07a: Record of
inspection of veterinary hygiene at concentrated animal slaughterhouse; Form
No. 07b: Record of inspection of veterinary hygiene at facility testing and
diagnosing animal diseases; animal surgery facility; Form No. 07c: Record of
inspection of veterinary hygiene at establishment producing animal feeds and
other animal products without using as food; establishment preliminary
processing and processing animals and animal products for trade; Form No. 07d:
Record of inspection of veterinary hygiene at establishment trading animal products.
c) Taking samples: in
case there is a doubt that the inspection criteria fail to comply with
regulations on veterinary hygiene, samples shall be taken according to
corresponding national technical regulations/standards for assessment.
The organization/individual
is entitled to make complaints if they do not grant approval for the initial
testing result, have its samples returned or use samples for re-testing.
If the testing result is incorrect, the testing cost shall be paid by the
tester.
d) Making record and
issuing conclusion of result of inspection of veterinary hygiene
Regarding establishments
of which samples are not required to be taken: the head of the inspectorate
shall send the inspection record to the head of the inspection authority specified
in clause 1 of this Article; according to the inspection record, the head of
the inspection authority shall issue a conclusion of result of inspection of
veterinary hygiene according to Form No. 07e in Appendix II enclosed with this
Circular. The inspection record shall be sent and the conclusion of
result of inspection of veterinary hygiene shall be issued within 03 working
days from the date on which the inspection is completed.
Regarding establishments
of which samples must be taken: the head of the inspectorate shall send the
inspection record to the head of the inspection authority specified in clause 1
of this Article; according to the inspection record and the sample testing
result, the head of the inspection authority shall issue a conclusion of result
of inspection of veterinary hygiene according to Form No. 07e in Appendix II
enclosed with this Circular. The inspection record shall be sent and the
conclusion of result of inspection of veterinary hygiene shall be issued within
15 days from the date on which the inspection is completed.
Regarding establishments
that are operating, during inspection, if it is detected that any establishment
commits administrative violations against regulations on veterinary hygiene,
the inspectorate shall make the inspection record and a working record; handle
violations within its jurisdiction or request the competent authority to handle
violations according to regulations of law.
dd) Periodic inspections
shall follow procedures specified in points a, b, c and d of this clause;
initial and ad hoc inspections shall follow procedures specified in points b, c
and d of this clause;
e) Regarding “FAILED”
establishments that must take remedial measures: After receiving the report on
result of remediation, the inspectorate shall consider assessing the
remediation. If the remediation is satisfactory, the head of the
inspectorate shall send the inspection record (enclosed with the report on
result of remediation prepared by the establishment) to the head of the inspection
authority specified in clause 1 of this Article and the head of the inspection
authority shall issue the conclusion of result of inspection of veterinary
hygiene according to Form No. 07e in Appendix II enclosed with this Circular.
The inspection record shall be sent and the conclusion of result of
inspection of veterinary hygiene shall be issued within 03 working days from
the date of receipt of the report on satisfactory remediation.
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3. Clause 3 shall be
added to Clause 2 Article 43 as follows:
“3. Upon operation, the establishments
specified in point d section 2 Appendix I of this Circular shall fulfill
requirements for veterinary hygiene and their fulfillment of such requirements
shall be inspected and supervised by veterinary authorities.
4. Point d section 2
Appendix I shall be amended as follows:
“d) Concentrated animal
slaughterhouses; establishments preliminary processing and processing animals
and animal products for trade; establishments trading animal products;
facilities testing and diagnosing animal diseases; animal surgery facilities;
establishments producing animal feeds and other animal products without using
as food (at the request of the importing countries)".
Article
2. Replacement and annulment of some words, phrases, points, clauses and
articles of Circular No. 09/2016/TT-BNNPTNT dated June 01, 2016 of the Minister
of Agriculture and Rural Development (amended by the Circular No.
10/2022/TT-BNNPTNT dated September 14, 2022) and the Circular No.
25/2016/TT-BNNPTNT dated June 30, 2016 of the Minister of Agriculture and Rural
Development (amended by the Circular No. 35/2018/TT-BNNPTNT, the Circular No.
09/2022/TT-BNNPTNT and the Circular No. 04/2024/TT-BNNPTNT)
1. Form No. 03
“RECORD OF INSPECTION AND SAMPLING" at the Appendix II shall be replaced
by Form No. 03 “RECORD OF SAMPLING” at the Appendix enclosed with this
Circular.
2. Form No. 07: Record of
inspection of veterinary hygiene in Appendix II shall be replaced by Form No.
07a: Record of inspection of veterinary hygiene at concentrated animal slaughterhouse;
Form No. 07b: Record of inspection of veterinary hygiene at facility testing
and diagnosing animal diseases; animal surgery facility; Form No. 07c: Record
of inspection of veterinary hygiene at establishment producing animal feeds and
other animal products without using as food; establishment preliminary
processing and processing animals and animal products for trade; Form No. 07d:
Record of inspection of veterinary hygiene at establishment trading animal
products in Appendix enclosed with this Circular.
3. The phrase “Chỉ được
gia công, chế biến hàng xuất khẩu tại các cơ sở sản xuất đã được cấp Giấy chứng
nhận điều kiện vệ sinh thú y và đáp ứng các yêu cầu của nước nhập khẩu” (only
processing exports at the production facilities which have been issued with the
Certificates of eligibility for veterinary hygiene and meet the requirements
issued by the importing country) shall be replaced by the phrase "Chỉ được
gia công, chế biến hàng xuất khẩu tại các cơ sở sản xuất đã được cấp Giấy chứng
nhận điều kiện vệ sinh thú y và đáp ứng các yêu cầu của nước nhập khẩu” (only
preliminarily processing and processing goods processed for export at the
production facilities which meet the requirements for veterinary hygiene and
meet the requirements issued by the importing country) at clause 3 Article 11
of the Circular No. 25/2016/TT-BNNPTNT.
4. Article 38 shall be
annulled.
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Article
3. Implementation clause
1. This Circular comes
into effect from January 06, 2025.
2. Transition clauses
a) With regard to a certificate
of eligibility for veterinary hygiene issued before the effective date of this
Circular, within 60 days from the effective date of this Circular, the
inspection authority specified in clause 1 Article 37 of this Circular shall
issue a conclusion that the establishment is “PASSED”;
b) With regard to an
application for issuance of a certificate of eligibility for veterinary hygiene
submitted before the effective date of this Circular, the inspection authority
specified in clause 1 Article 37 of this Circular shall issue a conclusion of
result of inspection of veterinary hygiene after the inspection is completed.
Difficulties that arise
during the implementation of this Circular should be reported to the Department
of Animal Health (affiliated to the Ministry of Agriculture and Rural
Development) for consideration and decision./.
PP. MINISTER
DEPUTY MINISTER
Phung Duc Tien
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