MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 18/2018/TT-BNNPTNT
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Hanoi, November 15, 2018
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CIRCULAR
ON AMENDING AND REPEALING SOME
ARTICLES OF THE CIRCULAR NO. 13/2016/TT-BNNPTNT DATED JUNE 02, 2016 OF THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT ON VETERINARY DRUG MANAGEMENT
Pursuant to the Decree
No. 15/2017/ND-CP dated February 17, 2017 of the Government on defining
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development;
Pursuant to the
Veterinary Law in 2015;
Pursuant to the
Government’s Decree No. 35/2016/ND-CP dated May 15, 2016 on guidelines for some
articles of the Veterinary Law;
Pursuant to the
Government’s Decree No. 43/2017/ND-CP dated April 14, 2017 on good labels;
Pursuant to the
Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to some
articles of the Government’s Decree No. 132/2008/ND-CP dated December 31, 2008
on detailing the implementation of some articles of the Law on quality of
products and goods;
Pursuant to the
Government’s Decree No. 132/2018/ND-CP dated September 17, 2018 on amendments
to some articles of the Decree on investment and business requirements in the
agriculture sector;
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At the request of the
Head of the Veterinary Department,
Minister of
Agriculture and Rural Development hereby promulgates the Circular on amending
and repealing some articles of the Circular No. 13/2016/TT-BNNPTNT dated June
02, 2016 of the Minister of Agriculture and Rural Development on veterinary
drug management.
Article
1. Amending and repealing some articles of the Circular No. 13/2016/TT-BNNPTNT
dated February 02, 2016 of the Minister of Agriculture and Rural Development on
veterinary drug management
1. Add the phrase “and
method for evaluating the conformity with the veterinary drugs” to the title of
Article 20; and add clause 5 to Article 20 as follows:
“5. Evaluation of the
compatibility of veterinary drugs domestically produced shall be carried out in
accordance with the formula 2 or formula 5 specified in Circular No.
28/2012/TT-BKHCN dated December 12, 2012 of the Minister of Science and
Technology on declaration of standard conformity and declaration of technical
regulation conformity and method for evaluating the conformity with standards
and technical regulations (hereinafter referred to as "Circular No.
28/2012/TT-BKHCN). In case where the veterinary drug production facility
has the Good Manufacturing Practice Certificate issued by the Veterinary
Department and is still effective or the Certificate of Eligibility to Manufacture
Veterinary Drugs issued by the aforesaid Department and is still effective, the
manufacturing process shall not be re-evaluated."
2. Add clause 4 to
Article 21 as follows:
“4. Upon importing drugs
and medicinal ingredients for preparing veterinary drugs for manufacturing and
business demands, if the veterinary drug manufacturing establishment has been
issued with the GMP Certificate or the Certificate of Eligibility to
Manufacture Veterinary Drug issued by the Veterinary Department and is still
effective, such establishment is not required to complete the procedures for
issuing the Certificate of Eligibility to Import Veterinary Drugs if such drugs
of the same types have been licensed to be produced."
3. The title of clause 3,
Article 22 is amended as follows:
“3. Application dossier
on veterinary drug import for exhibition, fair, scientific research, prevention
and treatment of rare animal diseases, shall consist of:"
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5. Title of clause 7,
Article 22 is amended as follows:
“7. Application dossier
for importing medicinal ingredients to prepare veterinary drugs (except the
application dossier for importing medicinal ingredients which are solvents and
excipients, including the documents specified in points a, d and dd of this
clause), shall consist of:
6. Change the phrase
“Article 10 of the Government’s Decree No. 89/2006/ND-CP dated August 30, 2006
on good labels (hereinafter referred to as “the Government’s Decree No.
89/2006/ND-CP)” to “Article 9 of the Government’s Decree No. 43/2017/ND-CP on
good labels (hereinafter referred to as Decree No. 43/2017/ND-CP)" in
clause 4, Article 24; change the phrase “clause 1, Article 6 of the
Government’s Decree No. 89/2006/ND-CP” to "Article 4 of the Decree No.
43/2017/ND-CP” in clause 1, Article 25; change the phrase “Article 8 of the Decree
No. 89/2006/ND-CP” to “Article 6 of the Decree No. 43/2017/ND-CP” in clause 3,
Article 25; change the phrase “clause 1, Article 18 of the Decree No.
89/2006/ND-CP” to “Article clause 1, Article 16 of the Decree No.
43/2017/ND-CP” in clause 2a, Article 28; change the phrase “Article 16 of the
Decree No. 89/2006/ND-CP) to “Article 14 of the Decree No. 43/2017/ND-CP” in
clause 5d, Article 28.
7. Clause 1a, Article 30
is amended as follows:
“a. Conduct tests and
assessments of quality of drugs produced, exported, imported and sold
nationwide."
8. Add clause 4 to
Article 30 as follows:
“4. The veterinary drug
testing establishment shall:
a. For the medicinal
ingredients of veterinary drugs, pharmaceutical products, chemicals and
biological products of which the sensory, physical and chemical properties are
evaluated, return the results of the veterinary drug quality or the results of
compatibility evaluation within 05 working days; within 14 days for the
medicinal ingredients of veterinary drugs, pharmaceutical products, chemicals
and biological products of which the bacterial contamination and sterilization
are tested; 21 days for the vaccines and antibodies of which the bacterial
contamination is tested or the purity or safety is inspected; 60 days for the
vaccines and antibodies of which the effectiveness is inspected after receiving
the drug sample;
b. Store the samples of
the batch of veterinary drugs of which the quality is tested under the
preservation conditions specified on the labels until the veterinary drugs expire.”
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“Article 31.
Application of the methods for testing veterinary drugs
1. The testing of drugs
shall be conducted according to the registered or assigned testing methods as
regulated by laws.
2. For the veterinary
drugs of which the testing methods are not registered or assigned or are only
temporarily assigned, the quality evaluation shall be carried out based on the
quality testing results of the competent agency of the importing country or of
the laboratory recognized by the evaluation organization signing the Mutual
Recognition Agreement (MRA) within the Asia Pacific Laboratory Accreditation
Cooperation (APLAC); International Laboratory Accreditation Cooperation
(ILAC) or the reference laboratory of the World Organization for Animal Health
(OIE).”
10. Add clause 1d to
Article 32 as follows:
“d. ASEAN standards for
veterinary vaccines; guidelines for diagnosis and testing of veterinary vaccines
of the OIE, and international standards for veterinary vaccines of which
Vietnam is a signatory."
11. Article 34 is amended
as follows:
“Article 34. State
testing of quality of imported veterinary drugs
1. Inspecting agency:
Veterinary Department
2. Subject of inspection:
veterinary drugs imported to Vietnam must be tested for their quality, except
the cases specified in clause 3 of this Article.
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a. Veterinary drugs
imported as samples for testing and registration;
b. Veterinary drugs
imported to cure animals temporarily imported for re-export or transited
through Vietnam;
c. Veterinary drugs
imported as medicinal ingredients used for diagnosis and testing pertaining to
animal healthcare
d. Medicinal ingredients
used for preparing veterinary drugs;
dd. Cases which are not
subject to quality testing during the import process are specified in clause 3,
Article 1 of the Government’s Decree No. 74/2018/ND-CP dated May 15, 2018 on
amendments to the Government’s Decree No. 132/2008/ND-CP dated December 31,
2008 on providing guidelines for the implementation of some articles of the Law
on Quality of Products and Goods (hereinafter referred to as Decree No.
74/2018/ND-CP);
e. Cases specified in
clause 2, Article 4 of the Government’s Decree No. 154/2018/ND-CP dated
November 09, 2018 on amending, supplementing and repealing some regulations on
investment and business conditions in sectors under management of the Minister
of Science and Technology and some regulations on specialized inspections
(hereinafter referred to as "Decree No. 154/2018/ND-CP).
4. Dossier,
procedures and contents of the state inspection of the quality of imported
veterinary drugs:
a. Implement the
regulations specified in clause 3, Article 1 of the Decree No. 74/2018/ND-CP;
clause 1, clause 3, Article 4 of the Decree No. 154/2018/ND-CP;
b. Quality certificate is
the Certificate that shows the result of the conformity with the national
technical regulation and application standards; quality certificate issued by
the importing country is the Certificate of Analysis (CoA) of the
manufacturer’s veterinary drug quality or issued by the competent agency of the
exporting country. If a recognized or appointed conformity-certifying
organization is not available or the product does not have a declaration of
conformity, the quality certificate of the import shipment will be the quality
inspection result provided by an appointed laboratory; recognize the
manufacturer’s quality inspection result if an appointed test method is not
available, or recognize the inspection quality in accordance with Clause 2,
Article 31 of this Circular;
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5. The conformity of the
imported veterinary drugs shall be evaluated by using the second method
specified in the Circular No. 28/2012/TT-BKHCN. The conformity evaluation is
not required to include the process evaluation if:
a. The veterinary drug
manufacturing establishment has obtained an unexpired GMP Certificate issued by
the competent agency of the importing country;
b. The veterinary drug
manufacturing establishment has obtained the ISO Certificate or another
equivalent Certificate related to some common chemicals.
6. The handling of
violations during the inspection process shall be carried out in accordance
with the regulations specified in Article 36 of the Law on Product and Goods
Quality.”
12. Repeal Article 35.
13. Clause 2, Article 36
is amended as follows:
“2. Contents and
procedures for testing the quality of veterinary drugs sold in the market shall
comply with the regulations specified in Circular No. 26/2012/TT-BKHCN dated
December 12, 2012 of the Minister of Science and Technology on inspection of
quality of goods sold in the market and Circular No. 12/2017/TT-BKHCN dated
September 28, 2017 of the Minister of Science and Technology on amendments to
some articles of the Circular No. 26/2012/TT-BKHCN dated December 12, 2012 of
the Minister of Science and Technology on state inspection of the quality of
goods sold in the market.”
14. Clause 2, Article 45
is amended as follows:
“2. Evaluate the
conditions of the veterinary drug testing establishment specified in Article 88
of the Veterinary Law, Article 20 of the Decree No. 35/2016/ND-CP dated May 15,
2016 as requested by the Veterinary Department and clause 5, Article 2 of the
Government’s Decree No. 123/2018/ND-CP dated September 17, 2018 on amendments
to some regulations on investment and business requirements in agriculture
sector (hereinafter referred to as Decree No. 123/2018/ND-CP)”.
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“Article 49.
Establishments producing, trading and importing veterinary drugs
1. The manufacturing
establishment shall satisfy the requirements specified in Article 90, clause 2
of Article 91 of the Veterinary Law, Articles 12 and 13 of the Decree No. 35/2016/ND-CP
dated May 15, 2016 and clause 1, Article 2 of the Decree No. 123/2018/ND-CP.
2. The trading
establishment shall satisfy the requirements specified in Article 92, clause 2,
Article 93 of the Veterinary Law, Article 17 of the Decree No. 35/2016/ND-CP
dated May 15, 2016 and clause 2, Article 2 of the Decree No. 123/2018/ND-CP.
3. Importing
establishment
a. Satisfy the
requirements specified in Article 94, clause 2, Article 95 of the Veterinary
Law, Article 18 of the Decree No. 35/2016/ND-CP dated May 15, 2016 and clause
3, Article 2 of the Decree No. 123/2018/ND-CP;
b. Only sell medicinal
ingredients of veterinary drugs to the establishments eligible for trading such
ingredients and establishments eligible for producing veterinary drugs. Do not
sell the ingredients thereof to the veterinary drug agencies or stores,
citizens or aquaculture establishments for use."
16. Add the sentence
“Quantity of drugs imported for reference (if any)” to the sentence “Testing
criteria:” specified in Appendix XVI veterinary drug testing license.
17. Add the sentence
“Pursuant to the Circular No. 18/2018/TT-BNNPTNT dated November 15, 2018 of the
Minister of Agriculture and Rural Development on amending, supplementing and
repealing some articles of the Circular No. 13/2016/TT-BNNPTNT dated June 02,
2016 on veterinary drug management" to the pursuant parts specified in
Appendices I, II, III, IV, V, VII, X, XI, XII, XVII, XIX, XX, XXVIII, XXXI.
18. Repeal the Appendices
XXXVII, XXXVIII, XXXIX.
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a. Group section 1.1 and
1.2 into 01 section “There must be a safe distance between the production area
and the residential areas, public works, hospitals, veterinary policlinics,
animal health diagnostic establishment and polluted areas;”
b. Modify section 16.3 to "Appropriate
ventilation and vacuum equipment."
20. Repeal the phrase
“fire control and prevention” in section 1.16.2 of the part “Guidelines for
inspecting the conditions of veterinary drug manufacturing establishment"
specified in Appendix XXIII.
21. Add clauses 5, 6 and
7 to Article 51 as follows:
“5. Veterinary drugs
which have been issued the sale license before this Circular comes into force
but have not been announced as satisfactory may continue to be sold and the
inspection of and procedures for announcing the drugs as satisfactory shall be
carried out in accordance with the law within 02 years from the effective date
of this Circular.
6. Application dossiers
for sale registration of veterinary drugs which have been submitted to the
Veterinary Department before this Circular comes into force shall continue to
be appraised and issued the sale license by such Department and shall be
inspected and announced as satisfactory in accordance with clause 5 of this
Article.
7. For the imported
veterinary drugs of which the application for quality inspection has been
submitted to the inspecting agency before this Circular comes into force, their
quality shall continue to be inspected in accordance with the regulations
specified in Circular No. 13/2016/TT-BNNPTNT dated June 02, 2016 of the
Minister of Agriculture and Rural Development."
Article
2. Entry into force
This Circular shall come
into force from February 14, 2019.
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1. Chief of the Ministry
Office, Minister of Veterinary Department, Heads of related units,
organizations and individuals shall implement this Circular.
2. During the
implementation process, if any problems arise or amendments must be made,
agencies, organizations and individuals shall timely provide feedback to the
Ministry of Agriculture and Rural Development (Veterinary Department) for
solution./.
PP. MINISTER
DEPUTY MINISTER
Phung Duc Tien