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MINISTRY
OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
36/2018/TT-BNNPTNT
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Hanoi, December
25, 2018
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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
Pursuant to the Government’s Decree No. 15/2017/ND-CP
dated February 17, 2017 defining functions, tasks, powers 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;
At the request of the Director of the Department
of Animal Health;
The Minister of Agriculture and Rural
Development promulgates the 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 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 (hereinafter referred to as “Circular No. 26/2016/TT-BNNPTNT”)
1. Clause 5, Clause 6, Clause 7 and Clause 8 are
added to Article 2 as follows:
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6. Shipment means the entire aquatic animal
products of an import or export shipment (in the same bill of lading). A
shipment may comprise a single or multiple articles.
7. High-risk aquatic animal product means
the simply prepared, fresh, chilled or frozen aquatic animal product.
8. Low-risk aquatic animal product means the
aquatic animal product which has been processed by adopting industrial or
handmade method for instant use.”
2. Clause 3 Article 4 is amended as follows:
“3. The quarantine declaration for imported aquatic
animal products for processing of foods for export, aquatic animal products
imported directly from foreign fishing vessels or imported indirectly from
foreign fishing vessels and transshipped at transfer ports of other countries
for processing of foods for export, aquatic animal products used as samples, or
exported aquatic animal products that are recalled or returned includes:
a) The quarantine declaration made using the form
No. 03 TS provided in the Appendix V enclosed herewith;
b) The copy bearing the enterprise’s certification
or the original of the Certificate of quarantine granted by a competent
authority of the exporting country, except the aquatic animal products imported
directly from foreign fishing vessels or imported to Vietnam indirectly from
foreign fishing vessels and transshipped at transfer ports of other countries,
and samples whose weight is less than 50 kg. If the copy of the Certificate of
quarantine is submitted or at the time of submission of declaration documents,
the Certificate of quarantine given by a competent authority of the exporting
country is not available, the original of such Certificate of quarantine must
be presented when goods are inspected;
c) The copy of the License as prescribed in Point c
Clause 2 of this Article;
d) The copy bearing the enterprise’s certification
of the bill of lading of imported aquatic animal products used for processing
of foods for export (except aquatic animal products imported directly from
foreign fishing vessels);
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e) The copy bearing the enterprise’s certification
of the Captain’s statement or the Seller’s statement. This document must
include the following information: Name and registration number of the fishing
vessel, the flag state, catch method, catch dates and area(s) with respect to
the aquatic animal products imported directly from foreign fishing vessels;
g) If the aquatic animal products are imported
indirectly from foreign fishing vessels and transshipped at transfer ports of
foreign countries to Vietnam, in addition to the documents mentioned in Points
a, c, d and e of this Clause, the enterprise is required to provide the copy of
the Certificate given by a competent authority of the country where the transfer
port is located (this copy must bear the enterprise’s certification). Such
Certificate must include the following information: Name, registration number
and flag state of the fishing vessel and those of the transport vessel; name,
type and quantity of aquatic animal products, unloading date and location,
storage conditions, and the statement that the aquatic animal products are not
under any works other than unloading."
3. Point c is added to Clause 6 Article 4 as
follows:
“c) The copy bearing the enterprise’s certification
of the bill of lading.”
4. Point c is added to Clause 7 Article 4 as
follows:
“c) The copy bearing the enterprise’s certification
of the bill of lading.”
5. Clause 6 is added to Article 11 as follows:
“6. The goods owner shall assume responsibility for
the quarantine of exported products and must not submit the Certificate of
quarantine of the export shipment to customs authorities for customs
clearance."
6. Clause 1, Clause 2, Clause 4 and Clause 5
Article 13 are amended as follows:
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a) Before importing aquatic animals/ aquatic animal
products, the goods owner shall submit an application for quarantine
registration including the documents prescribed in Clause 2 Article 4 hereof to
the Department of Animal Health via the National Single Window Portal, by post,
via email/ fax with the original application submitted later, or directly;
c) 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
the goods owner and the animal quarantine authority at the checkpoint via email
(if the application for quarantine registration is submitted by post, via
email/ fax or directly) or through the National Single Window Portal (if the
application for quarantine registration is submitted through the National
Single Window Portal).
2. 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 as regulated in Clause 6 Article 4
hereof to the animal quarantine authority at the checkpoint of import via the
National Single Window Portal, by post, via email/ fax with the original
application submitted later, or directly;
b) The animal quarantine authority at the
checkpoint of import shall process the application in accordance with
regulations laid down in Clause 3 Article 46 of the Law on veterinary medicine;
c) When receiving the quarantine declaration
documents for imported aquatic animals/ aquatic animal products, the animal
quarantine authority at the checkpoint shall compare the received documents
with information concerning illegal, unreported and unregulated (IUU) fishing
posted on the website of European Commission (https://ec.europa.eu/fisheries/cfp/illegal
fishing/info), the website of the Regional fisheries management
organizations (RFMOs) or as announced by competent authorities of other
countries. If the shipment is found to be originated from IUU fishing vessel,
the animal quarantine authority at the checkpoint shall suspend the quarantine
and immediately inform the Department of Animal Health for cooperating with
relevant authorities in dealing with the shipment.
4. Quarantine contents
a) The animal quarantine authority at the
checkpoint shall comply with quarantine contents prescribed in Article 47 of
the Law on veterinary medicine;
b) With regard to aquatic animals used for breeding
purpose: Samples shall be taken for testing for diseases as regulated in the
Appendix IV enclosed herewith;
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d) With regard to aquatic animal products: The
physical inspection of documents and goods shall be conducted at the checkpoint
of import or at the place where goods are gathered. If the inspection results
denote that the shipment and related documents meet relevant requirements, the
animal quarantine authority at the checkpoint shall take samples serving
testing for the indicators specified in the Appendix IV enclosed herewith and
issue the Certificate of transport of imported aquatic animals/ aquatic animal
products (using form No. 09TS) to the goods owner for transporting the shipment
to the warehouse which is required to meet veterinary hygiene requirements. The
goods owner shall be responsible for the transport and storage of imports and
is not allowed to transport goods for sale before receiving quarantine results.
If the animal quarantine authority at the
checkpoint cannot take samples at the checkpoint or at the place where goods
are gathered, the sampling may be taken at the warehouse.
Frozen aquatic animal products must be kept at the
checkpoint of import until the quarantine results are provided and show that
the shipment is satisfactory.
dd) Isolation period for quarantine: The isolation
period for quarantine of aquatic animals used for breeding and commercial
aquatic animals shall not exceed 10 days and 03 days respectively from the
beginning date of isolation. If the isolation is extended, the animal
quarantine authority at the checkpoint shall give a written notification
indicating reasons for such extended isolation to the goods owner.
5. Issuing Certificate of quarantine
a) With regard to the shipment of which samples are
taken: Within 05 business days from the beginning of the quarantine, the animal
quarantine authority at the checkpoint shall issue the Certificate of
quarantine of imported aquatic animals/ aquatic animal products to the owner of
the shipment that meets quarantine requirements for completing customs
procedures. If the animal quarantine authority at the checkpoint fails to issue
the Certificate of quarantine within the prescribed time limit, written reasons
thereof shall be provided for the goods owner;
b) With regard to the shipment of which sampling is
not required: Within 01 business day, the animal quarantine authority at the
checkpoint shall issue the Certificate of quarantine of imported aquatic
animals/ aquatic animal products to the owner for completing customs procedures
if the inspected shipment documents are satisfactory;
c) With regard to aquatic animals used for
breeding: Immediately after receiving the testing report which shows that the
imported aquatic animals are healthy and meet quarantine requirements, the
animal quarantine authority at the checkpoint shall issue the Certificate of
quarantine of imported aquatic animals/ aquatic animal products to the owner
for completing customs procedures;
d) With regard to commercial aquatic animals: One
day after animals are transported to the isolation area, the animal quarantine
authority at the checkpoint shall issue the Certificate of quarantine of
imported aquatic animals/ aquatic animal products to the owner for completing
customs procedures if animals are health; in case of sampling, regulations laid
down in Point c of this Article shall apply;
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“Article 13a. Quarantine of indirectly exported
aquatic animal products
1. The quarantine of aquatic animal products for
which import quarantine procedures have been completed but which are not yet
processed or re-packaged for indirect export is not required.
2. If aquatic animal products are sold from the
domestic market to export processing enterprises, only the quarantine for
transport of aquatic animal products to another province shall be carried out.”
8. Article 14 is amended as follows:
“Article 14. Quarantine for import of aquatic
animal products used for processing of foods for export; import of aquatic
animal products directly from foreign fishing vessels or indirectly from
foreign fishing vessels through transshipment at transfer ports of other
countries for processing of foods for export; aquatic animal products used as
samples; exported aquatic animal products recalled or returned
1. The goods owner shall submit a set of documents
as prescribed in Clause 3 Article 4 hereof to the animal quarantine authority
at the checkpoint of import. Documents may be submitted via the National Single
Window Portal, by post, via email/ fax with original documents submitted later,
or directly.
a) Within 01 business day from the receipt of valid
documents, the animal quarantine authority at the checkpoint shall make
certification on the quarantine declaration for the goods owner to carry out
customs procedures, and inform the goods owner of the quarantine date and
location;
b) The animal quarantine authority at the
checkpoint shall take actions according to Point c Clause 2 Article 13 hereof.
2. The animal quarantine authority at the
checkpoint shall carry out the quarantine tasks as follows:
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b) Take samples for testing for veterinary hygiene
indicators in case the products are suspected of or found to fail to meet
veterinary hygiene requirements;
c) Aquatic animal products which are imported for processing
of foods for export may be transported to the goods owner's warehouse (which is
required to meet veterinary hygiene requirements) for quarantine in accordance
with applicable regulations. The goods owner shall be responsible for the
transport and storage of the products and is not allowed to transport goods for
selling before receiving quarantine results.
In case of violations, the quarantine for import of
following import shipments must be carried out at the checkpoint of import. The
goods owner may continue transporting imports to the warehouse for quarantine
if his/her 03 consecutive import shipments are granted satisfactory quarantine
results.”
3. Issuing Certificate of quarantine
a) Within 02 business days from the beginning of
the quarantine, the animal quarantine authority at the checkpoint shall issue
the Certificate of quarantine of imported aquatic animals/ aquatic animal
products for the shipment that meets veterinary hygiene requirements (using the
form No. 10TS, the content “This certificate is valid until…….” shall be left
blank);
b) With regard to the shipment for which sampling
is required: Within 05 business days from the beginning of the quarantine, the
animal quarantine authority at the checkpoint shall issue the Certificate of
quarantine for the import shipment that meets veterinary hygiene requirements;
c) With regard to aquatic animal products imported
from foreign fishing vessels, within 60 business days from the issuance of the
Certificate of quarantine for import, if the goods owner submits a modified
declaration for quarantine according to product category or exporting market,
the animal quarantine authority at the checkpoint that previously issued the
Certificate of quarantine shall take charge of issuing a new Certificate of
quarantine for replacing the old one.
The declaration for quarantine according to product
category or exporting market must ensure the origin and quantity of products
specified in the previously issued Certificate of quarantine. The goods owner
shall be responsible for modified contents provided in the quarantine
declaration.
4. Inspection of imported aquatic animal products
used for processing of foods for export; aquatic animal products imported
directly from foreign fishing vessels or imported indirectly from foreign
fishing vessels through transshipment at transfer ports of other countries for
processing of foods for export; aquatic animal products used as samples;
exported aquatic animal products recalled or returned:
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b) Notification of violations shall be made in
accordance with Clause 6 Article 13 hereof.”
9. Article 15 is amended as follows:
“Article 15. Quarantine of aquatic animals/ aquatic
animal products temporarily imported for re-export, moved to another checkpoint
or transited through Vietnam
1. Before the aquatic animals/ aquatic animal
products are temporarily imported for re-export, moved to another checkpoint or
transited through Vietnam, the goods owner shall submit an application for
quarantine registration as regulated in Clause 4 Article 4 hereof to the
Department of Animal Health via the National Single Window Portal, by post, via
email/ fax with the original application submitted later, or directly.
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 instructions for quarantine for the
goods owner and the animal quarantine authority at the checkpoint via email (if
the application is submitted by post, via email/ fax or by hand) or through the
National Single Window Portal (if the application is submitted through the
National Single Window Portal).
3. Upon the receipt of instructions for quarantine
from the Department of Animal Health, before the shipment arrives at the
checkpoint, the goods owner shall submit a set of quarantine declaration
documents as regulated in Clause 7 Article 4 hereof to the animal quarantine
authority at the checkpoint via the National Single Window Portal, by post, via
email/ fax with original documents submitted later, or directly; The animal
quarantine authority at the checkpoint shall process the received documents
according to Clause 3 Article 49 of the Law on veterinary medicine and perform
the quarantine tasks according to Article 50 of the Law on veterinary medicine.
4. The animal quarantine authority at the
checkpoint shall take actions according to Point c Clause 2 Article 13 hereof.”
10. Article 17 is amended as follows:
“Article 17. Quarantine of aquatic animals/
aquatic animal products sent to/ dispatched from bonded warehouse
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3. Upon the receipt of instructions for quarantine
from the Department of Animal Health, before the shipment arrives at the
checkpoint, the goods owner shall submit a set of quarantine declaration
documents as regulated in Clause 7 Article 4 hereof to the animal quarantine
authority at the checkpoint of import via the National Single Window Portal, by
post, via email/ fax with original documents submitted later, or directly. The
animal quarantine authority at the checkpoint shall process the received
documents according to Clause 3 Article 49 of the Law on veterinary medicine
and perform the quarantine tasks according to Clause 5 and Clause 7 of this
Article.
4. The animal quarantine authority at the
checkpoint shall take actions according to Point c Clause 2 Article 13 hereof.
5. The animal quarantine authority at the
checkpoint shall carry out the quarantine of aquatic animals/ aquatic animal
products sent to the bonded warehouse as follows:
a) Issue the Certificate of transport to the goods
owner for transporting aquatic animals/ aquatic animal products from the
checkpoint of import to the bonded warehouse;
b) At the bonded warehouse, the animal quarantine
authority at the checkpoint shall cooperate with the customs authority in
inspecting the status of the shipment and giving certification to the goods
owner for sending goods to the bonded warehouse.
6. Before goods are dispatched from the bonded
warehouse, the goods owner shall submit quarantine declaration documents to the
animal quarantine authority at the checkpoint as follows:
a) If aquatic animal products are sold to domestic
manufacturers for processing of foods for export, the quarantine declaration
documents shall be prepared according to Clause 3 Article 4 hereof;
b) If aquatic animals/ aquatic animal products are
imported for domestic consumption, the quarantine declaration documents shall
be prepared according to Clause 6 Article 4 hereof.
7. The animal quarantine authority at the
checkpoint shall carry out the quarantine of aquatic animals/ aquatic animal
products dispatched from the bonded warehouse as follows:
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b) Perform quarantine tasks according to Clause 4,
Clause 5 and Clause 6 Article 13 hereof if aquatic animals/ aquatic animal
products are sold domestically;
c) Perform quarantine tasks according to Article 50
of the Law on veterinary medicine if aquatic animals/ aquatic animal products
are sent to the bonded warehouse for re-export; in such case, the Certificate
of quarantine shall be issued using the form No. 12TS;
d) 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 Certificate
of quarantine 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 Certificate of quarantine
issued by a competent authority of the exporting country together with the
dossier of the final dispatching 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).”
11 . Point d is added to Clause 1 Article 22 as
follows:
“d) Inform the Directorate of Fisheries and
relevant authorities when detecting any catch vessels or vessels transporting
aquatic products that commit violations against IUU regulations during the
quarantine inspection for taking appropriate measures."
12. Section 2 Part B of the Appendix I is amended
as follows:
“2. Aquatic animal products cooked, kept in
airtight containers and properly labeled for immediate use."
13. Tilapia lake virus disease is added to Section
I Part A of the Appendix IV as follows:
“A. Aquatic animals
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No.
Name of disease
(English name)
Pathogens
Aquatic animals
to be infected by disease
Fish diseases
6.
Tilapia Lake virus disease
Tilapia Lake virus (TiLV)
Tilapias (Oreochromis mosambicus, Oreochromis
niloticus)
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“B. Aquatic animal products
I. Aquatic animal products used as foods
1. Inspection indicators
1.1. Harmful microorganisms:
Product
Inspection
indicators
Evaluation
basis
Fresh or frozen fish and aquatic products (treated
by heat before use)
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Applicable regulations, national standards and
national technical regulations of Vietnam, and international regulations.
E. Coli
V. cholerae
V. parahaemolyticus
Products of fish and aquatic products (for
direct use without heat treatment before use)
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Cl.perfringens
Salmonella
V. parahaemolyticus
Simply prepared dried aquatic products (treated
by heat before use)
E.coli
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S.aureus
Salmonella
V. parahaemolyticus
Crustaceans and mollusks, whether or not in shell
by heating
E. coli
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Salmonella
1.2. Organoleptic and physicochemical indicators as
regulated.
1.3. Sampling frequency:
a) With simply regard to high-risk aquatic animal
products (simply prepared, fresh, chilled or frozen products): Samples shall be
taken from 03 (three) consecutive shipments for inspection and testing, and
inspection/testing results shall be handled as follows:
a1) If the inspection/ testing results of all 03
(three) consecutive shipments are satisfactory, samples shall be randomly taken
from one of the next 05 shipments for inspection/ testing; in case any
violation is detected, samples shall be taken from 03 consecutive shipments for
inspection/ testing and results thereof shall be handled according to
regulations of this section;
a2) If the inspection/ testing results of 01 – 02
shipments are unsatisfactory, samples shall be still taken from 03 (three)
consecutive shipments for inspection/ testing;
a3) If the inspection/ testing results of all 03
(three) consecutive shipments are unsatisfactory, a request for suspension of
import of such type of aquatic products shall be made;
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Samples shall be randomly taken from one of every
05 shipments for inspection/ testing; in case any violation is detected,
samples shall be taken from 03 consecutive shipments for inspection/ testing
and results thereof shall be handled according to regulations laid down in
sections a1, a2 and a3 of this point;
c) With regard to shipments of which sampling is
compulsory: 03 samples shall be taken from the shipment that comprises only one
import/ export article; 05 samples shall be taken from the shipment that
comprises 02 import/ export articles or more;
d) With regard to shipments of which sampling is
not required, only the shipment documents are inspected. If the shipment
documents are satisfactory, the animal quarantine authority at the checkpoint
shall issue the Certificate of quarantine for imports (the goods owner shall
self-assume responsibility for such imports);
dd) Sampling according to the prescribed sampling
frequency shall apply to total import shipments from January 01 to December 31
of the same year.
1.4. Animal quarantine authorities at checkpoints
are required to immediately notify the Department of Animal Health of any
unsatisfactory results of inspected/ sampled shipments for notifying violations
and taking actions such violations as regulated.
II. Aquatic animal products not used as foods:
Such aquatic animal products shall be inspected for the indicators prescribed
in applicable standards and technical regulations; sampling methods and
frequency prescribed in Point 1.3 Section I Part B of this Appendix shall
apply."
15. Some contents of the Appendix V are amended as
follows:
a) Point 10 Section I is changed into “Giấy chứng
nhận kiểm dịch động vật, sản phẩm động vật thủy sản nhập khẩu - Mẫu 10TS”
(“Certificate of quarantine for import of aquatic animals and aquatic animal
products – Form 10TS”);
b) The phrase “CMND/Thẻ CCCD/Hộ chiếu số” (“Number of
ID Card/ Citizen’s identity card/ Passport”) is changed into “Số Chứng minh
nhân dân/số Hộ chiếu/số định danh cá nhân” (“Number of ID Card/ Passport or
personal identification number”) at Form 01TS, and Form 03TS;
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d) Clause 11 Part I and From 11TS are abrogated.”
16. The phrase “Cơ quan Thú y vùng” (“Regional
Animal Health Authority”) is changed into “Chi cục Thú y vùng” (“Regional
Animal Health Office") at Article 11, Article 22 and Form 22TS of the
Appendix V.
Article 2. Effect
1. This Circular comes into force from February 10,
2019.
2. Article 5 of the Circular No. 02/2018/TT-BNNPTNT
dated January 31, 2018 by the Minister of Agriculture and Rural Development is
abrogated.
3. If the application software is not available on
the National Single Window Portal on the effective date of this Circular, goods
owners shall submit relevant documents to the Department of Animal Health by
post, via email/ fax with original documents submitted later or directly and
receive processing results thereof via email.
Article 3. Implementation
1. The Director of the Department of Animal Health,
the Director General of the Directorate of Fisheries, heads of relevant
authorities/organizations and relevant individuals shall implement 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./.
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PP. MINISTER
DEPUTY MINISTER
Phung Duc Tien