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Ministry of Agriculture and Rural
Development OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No.
06/2022/TT-BNNPTNT
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Hanoi, July 28,
2022
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CIRCULAR
ON
AMENDMENTS TO CERTAIN ARTICLES OF CIRCULARS ON QUARANTINE OF AQUATIC ANIMALS
AND PRODUCTS THEREOF
Pursuant to Decree No.
15/2017/ND-CP dated February 17, 2017 of the Government of Vietnam on
functions, tasks, powers and organizational structure of the Ministry of
Agriculture and Rural Development of Vietnam;
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 promulgates a Circular on amendments to the Circular No.
26/2016/TT-BNNPTNT dated June 30, 2016 by the Minister of Agriculture and Rural
Development on quarantine of aquatic animals and products thereof.
Article 1. Amendments to
certain Articles of Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 of the
Minister of Agriculture and Rural Development of Vietnam on quarantine of
aquatic animals and products thereof
1. Amendments
to Point d Clause 2 of Article 4 as follows:
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2. Amendments
to Point c Clause 5 of Article 4 as follows:
“c) A photocopy of aquatic
animal export permit granted by the Vietnam Directorate of Fisheries with the
enterprise’s certification (for aquatic breeds exported under requirements as
specified in Appendices IX and X issued together with Decree No. 26/2019/ND-CP
dated March 08, 2019 of the Government of Vietnam providing detailed
regulations on certain Articles and implementation guidelines for the Law on
Fisheries).”
3. Amendments
to Point b Clause 6 of Article 4 as follows:
“In case the Department of
Animal Health and competent agencies of the exporting country reached an
agreement on the electronic certificate of quarantine, it may be used.”
4. Amendments
to Article 19:
“Article 19. Quarantine of aquatic
animals and products thereof exported as carry-on luggage or postal packages
1. Before exporting aquatic
animals and products thereof as carry-on luggage or postal packages, the goods
owner shall send 01 application for export quarantine as prescribed in clause 5
Article 4 hereof to the animal quarantine office at the border checkpoint via
the National Single Window Portal or through the postal service, public postal
or email, fax then send its physical application or send it in person.
2. The animal quarantine office
at the border checkpoint shall process the application according to regulations
in point b clause 2 Article 42 of the Law on Animal Health and carry out the
quarantine as follows:
a) For aquatic animals:
clinical inspection, collection of samples for testing diseases at the request
of the good owner or the importing country;
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c) Issuance of the Certificate
of export quarantine according to regulations in point c clause 2 Article 42 of
the Law on Animal Health;
d) Provision of instructions to
the goods owner on keeping the aquatic animals and packaging the aquatic animal
products according to regulations, sealing or marking the sent goods; handling
of aquatic animals and products thereof that do not meet the veterinary hygiene
requirements for import.”
5. Amendments
to Article 20:
“Article 20. Quarantine of
aquatic animals and products thereof imported as carry-on luggage or postal
packages
1. When
importing the aquatic animals and aquatic animal products not for commercial
purposes, the goods owner shall submit 01 declaration dossier on import
quarantine to the animal quarantine office at border checkpoint as prescribed
in clause 6 Article 4 of this Circular via the National Single Window Portal or
through the postal service, public postal or by email, fax then send its
physical dossier or send it in person.
2. Within 01 working day from
the day of receiving the valid declaration dossier, the animal quarantine
office at border checkpoint shall carry out the quarantine as follows:
a) Check the quarantine dossier
and Certificate of quarantine of exporting country; make comparison with the
type, amount and quantity of goods actually imported;
b) Check the present conditions
of the goods; captive conditions of aquatic animals; packaging and preservation
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 diseases; aquatic animal products having
signs of degeneration and not meeting the veterinary hygiene requirements, such
aquatic animals shall be destroyed or returned to the exporting country;
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6. Amendments
to Article 21 as follows:
“Article 21. Transportation
of aquatic animal samples
1. When requesting to receive
the sample sent to Vietnam from a foreign country or send the sample from
Vietnam to a foreign country, the goods owner shall have to send 01 application
for quarantine registration under Form No. 06 TS issued together with Appendix
V hereof to the Department of Animal Health via the National Single Window
Portal or through the postal service, public postal or by email, fax then send
its physical dossier or send it in person.
2. Within 05 working days after
receiving the valid application for registration, the Department of Animal
Health shall reply to the goods owner with a written approval or disapproval.
3. The animal quarantine office
at border checkpoint which carries out the quarantine shall transport the
sample as follows:
a) Check the written approval
of the Department of Animal Health and other relevant documents; condition of
packaging and preservation of the sample;
b) Within 01 working day, issue
the Certificate of transportation applicable to the sample with the valid
dossier; proper packaging and preservation to ensure the satisfaction of
veterinary hygiene requirements.
The Certificate of transportation
is granted in 02 copies (01 copy stored at the quarantine office at border
checkpoint and 01 copy sent to the goods owner).”
7. Annulment of Clause 3
Article 4 (amended in clause 2 Article 1 of Circular No. 36/2018/TT-BNNPTNT
dated December 25, 2018 of the Minister of Agriculture and Rural Development on
amendments to certain Articles of Circular No. 26/2016/TT-BNNPTNT dated June
30, 2016 of the Minister of Agriculture and Rural Development on quarantine of
aquatic animals and products thereof; hereinafter referred to as “Circular No.
36/2018/TT-BNNPTNT); point c clause 2 Article 13 (supplemented in clause 6
Article 1 Circular No. 36/2018/TT-BNNPTNT); Article 14 (revised in clause 8
Article 1 of Circular No. 36/2018/TT-BNNPTNT); clause 4 Article 15 (supplemented
in clause 9 Article 1 of Circular No. 36/2018/TT-BNNPTNT); clause 4 Article 17,
Point a Clause 6 Article 17, point a clause 7 Article 17 (amended in clause 10
Article 1 of Circular No. 36/2018/TT-BNNPTNT); Article 18; point d clause 1
Article 22 (supplemented in clause 11 Article 1 of Circular No.
36/2018/TT-BNNPTNT).
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1. Amendments to section II
part A and part B of Appendix I as follows;
"II. Aquatic animal
products
1. Aquatic animal products
(including embryo, egg, sperm and larva of aquatic species) in fresh, chilled
or frozen form.
2. Other aquatic animal
products subject to the quarantine at the request of the importing country or
as prescribed in the International Treaties in which Vietnam has signed or
participated.
B - List of aquatic animals
and products thereof subject to non-quarantine
1. Aquatic animals and products
thereof imported for diplomatic purposes.
2. Aquatic animal products
imported as raw materials for export processing and export production.
3. Aquatic animal products used
as testing samples.
4. Aquatic animal products
imported for displaying in trade fairs.
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2. Amendments to Appendix IV as
follows:
a) Addition of No. 9 to after
No. 8 of the part of diseases of crustacean in the Table of diseases of aquatic
animals specified in section I part A as follows:
“A. Aquatic animals
I. Diseases of aquatic
animals
No.
Name of disease
Pathogen
Type of aquatic animals contracting the disease
Diseases of crustacean
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White tail disease
Macrobrachium rosenbergii
Nodavirus (MrNV) Extra small virus (XSV)
Macrobrachium rosenbergii
b) Addition to the note
specified in section I of part A as follows:
“The sample for testing each pathogen
of the shipment is a pooled sample according to the rule that 05 samples are
combined into 01 sample for testing."
c) Amendments to Part B as
follows:
“B. Aquatic animal products
I. Indicators for testing
No.
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Pathogen
Type of aquatic animal product obtained from its
families/species (fresh, chilled or frozen product)
1.
Acute hepatopancreatic
necrosis disease - AHPND
Vibrio parahaemolyticus
carrying virulence genes
Litopenaeus spp., Penaeus spp
2.
Necrotising
hepatopancreatitis-NHP
Proteobacteria
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Infectious Hypodermal and
Hematopoitic Necrosis Disease
Infectious Hypodermal and
Hematopoitic Necrosis Virus (IHHNV)
4.
Infectious Myonecrosis
Disease
Infectious Myonecrosis
Virus (IMNV)
5.
White Spot Disease
White spot syndrome virus
(WSSV)
6.
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Yellow head virus genotype
1(YHV1)
7.
Taura syndrome
Taura syndrome virus (TSV)
8.
Lobster Milky Disease - LMD
Rickettsia-like
Panulirus spp.
9.
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Spring viraemia of carp
virus (SVCV)
Cyprinidae
10.
Koi Herpesvirus Disease
Koi Herpesvirus (KHV)
11.
Spring viraemia of carp
Spring viraemia of carp
virus (SVCV)
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12.
Tilapia lake virus disease
Tilapia Lake virus (TiLV)
Oreochromis mosambicus,
Oreochromis niloticus
13.
Epizootic Ulcerative Syndrome
- EUS
Alphanomyces invadans
Other freshwater aquarium
fish species
14.
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Infectious salmon anaemia
- ISA
Salmo spp., Onchorynchus
spp., Salvelinus spp.
15.
Infection with salmonid
alphavirus
Alphavirus
16.
Infectious haematopoietic
necrosis disease - IHN
Infectious haematopoietic
necrosis virus (IHNV)
17.
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Betanodavirus
Epinephelus spp., Lates
calcarifer, Rachycentron canadum
18.
Red Sea Bream Iridoviral
Disease
Red sea bream iridovisus
(RSIV)
19.
Infection with abalone
herpesvirus - AbHV
Herpesvirus
Haliotis spp.
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Dermo disease
P. olseni, P. marinus
Oysters and clams
21.
Infection with
Batrachochytrium dendrobatidis
Batrachochytrium
dendrobatidis
Frogs
22.
White Spot Disease
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Crabs
II. Sampling frequency and
sample size
1. Sampling frequency:
Collect samples of 03 (three) consecutive
shipments for testing and applying as follows:
a) If the testing results of 03
(three) consecutive shipments show satisfactory indicators, for every 05 (five)
next shipments, collect samples of 01 (one) shipment at random for testing; in
case the results of the selected shipments show the unsatisfactory indicators,
take samples of 03 (three) next shipments for testing;
b) If the testing results of 01
(one) shipment show the unsatisfactory indicators, continue to collect samples
of 03 (three) consecutive shipments for testing.
2. Sample size:
a) If the shipment has one
article: collect 05 (five) samples and combined them into 01 (one) sample for
testing pathogens as prescribed in clause 1 of this part (part B);
b) If the shipment has multiple
articles: collect samples from up to 03 articles with the highest quantity
according to point a of this clause; in case articles of the shipment have
equal quantities, the animal quarantine office at border checkpoint shall
collect samples randomly.
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a) The animal quarantine office
at border checkpoint shall check the quarantine dossier and conditions of 03
(three) consecutive shipments and comply with regulations in points a and b
clause 1 of this section;
b) When detecting a shipment
does not meet requirements during physical inspection, collect samples for
testing physicochemical indicators, harmful microorganisms and pathogens according
to rules, standards, corresponding Vietnamese regulations and international
regulations.
4. For a shipment of which
samples must not be collected or goods condition must not be checked, the
animal quarantine office at border checkpoint shall only check its dossier. If
the dossier satisfies the requirements, the animal quarantine office at border
checkpoint shall issue an importing quarantine certificate (goods owners must
be responsible for their imports by themselves).
5. When detecting a shipment
that unsatisfies the requirements, the animal quarantine office at border
checkpoint shall handle as per regulation and report it to the Department of
Animal Health.
6. Sampling and testing
according to the prescribed frequency shall apply to total shipments of imports
from January 01 to December 31 of the same year.”
d) Addition of part C to
after part B as follows:
“C. In consideration of
the epidemic situation of the importing country, the Department of Animal
Health shall guide the indicators for testing prescribed in part A and
part B of this Appendix.
If a new disease that is not
prescribed in part A and B of this Appendix is detected, the
Department of Animal Health shall report to the Ministry of Agriculture and
Rural Development for consideration and decision of the quarantine indicators.”
3. Replacement of Form 03 TS of
Appendix V (Application for quarantine declaration of exported and imported
aquatic animals and animal products) by Form 03 TS (Application for quarantine
declaration of exported and imported aquatic animals and animal products)
specified in the Appendix issued together with this Circular.
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5. Addition of Form 26 TS -
Decision on veterinary hygiene handling of aquatic animals/aquatic animal
products that do not meet veterinary hygiene requirements and Form 27 TS -
Records of veterinary hygiene handling of aquatic animals and products thereof
to after Form 25 TS of Appendix V (specified in the Appendix issued together
with this Circular).
6. Addition of Appendix VII:
Procedures for testing and collecting samples of a shipment of aquatic animal
products to after Appendix VI specified in the Appendix issued together with
this Circular.
Article 3. Implementation
clauses
1. This Circular comes into
force from September 11, 2022.
2. Application for and
declaration dossier on quarantine of aquatic animals and aquatic animal
products submitted before the effective date of this Circular shall comply with
the regulations of laws at the date on which these documents are submitted.
3. This Circular annuls:
a) Circular No.
11/2019/TT-BNNPTNT dated October 22, 2019 of the Minister of Agriculture and
Rural Development on amendments to some articles of Circular No.
36/2018/TT-BNNPTNT dated December 25, 2018 of the Minister of Agriculture and
Rural Development amending certain articles of Circular No. 26/2016/TT-BNNPTNT
dated June 30, 2016 of the Minister of Minister of Agriculture and Rural
Development on quarantine of aquatic animals and products thereof;
b) Clause 4 Article 9, point b
clause 2 Article 12 of Circular No. 21/2018/TT-BNNPTNT of the Minister of
Agriculture and Rural Development on preparation and submission of fishing
reports and fishing logbooks; publishing of list of fishing ports designated to
issue statement of fishery products processed from catches, and IUU vessel
list; validation of catch statements for raw materials and catch certificates.
4. The Director of Animal
Health Department and Heads of relevant units, organizations and individuals
are responsible for implementation of this Circular.
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PP. Minister
Prime Minister
Phung Duc Tien