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| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 18/2004/PL-UBTVQH11 | Hanoi, April 29, 2004 |
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to Resolution No.21/2003/QH11 of November 26, 2003 of the XIth National Assembly, the 4th session, on the 2004 law- and ordinance-making program;
This Ordinance prescribes the veterinary medicine.
This Ordinance prescribes animal disease prevention and treatment, animal-epidemic combat; quarantine of animals and animal pro-ducts; slaughtering control, veterinary hygiene inspection; management of veterinary drugs, veterinary-use bio-products, microorganisms and chemicals; veterinary practice.
Article 2.- Subjects of application
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In cases where the international agreements which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from the provisions of this Ordinance, such international agreements shall apply.
Article 3.- Interpretation of terms and phrases
In this Ordinance, the terms and phrases below shall be construed as follows:
1. Animals mean beasts, birds, reptiles, bees, silkworms and insects of various species; amphibious animals; fishes, crustaceans, mollusc, aquatic mammals and other species of aquatic animals.
2. Animal products mean meat, eggs, milk, bee honey, beeswax, royal jelly, sperm, animal embryo, blood, innards, skin, feather and hair, bone, horns, ivory, claws and other products of animal origin.
3. Preliminary processing of animals, animal products means the work done after fishing or slaughtering, including cutting up, picking, drying, freezing, packing of animals, animal products.
4. Veterinary activities mean the work of State management over veterinary medicine and activities of animal disease prevention and treatment, animal-epidemic combat; quarantine of animals and animal products; animal-slaughtering control; veterinary hygiene inspection; management of veterinary drugs, veterinary-use bio-products, microorganism, chemicals; veterinary practice.
5. Animal epidemics- free zones, establish-ments mean zones, establishments determined as being free from dangerous contagious diseases on the list of those which must be announced as epidemics for a duration prescribed for each disease, each species of animal and veterinary activities in such zones, establishments, ensuring the control of epidemics.
6. Animal epidemics mean contagious diseases on the list of diseases which must be announced as epidemics or the list of dangerous animal diseases infecting animals, killing animals in large quantities or spreading in one or many regions.
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8 Epidemic zones mean zones where exist many epidemic nests determined by competent veterinary bodies.
9. Epidemic-threatened zones mean peripheral zones around the epidemic zones or zones adjacent to epidemic zones of neighboring countries, already determined by competent veterinary bodies within certain scopes depending on each disease.
10. Buffer zones mean peripheral zones around the epidemics-threatened zones, already determined by competent veterinary bodies within certain scopes depending on each disease.
11. The list of diseases which must be announced as epidemics (List A) means the list of dangerous animal contagious diseases, which cause great economic damage or possibly spread to human beings and must be announced as epidemics.
12. The list of dangerous animal diseases (List B) means the list of diseases caused by microorganisms or parasites to animals, which may spread widely and possibly to human beings.
13. Veterinary hygiene standards mean technical criteria on veterinary hygiene satisfying the animal protection and development requirements, not causing harms to human health and not causing environmental pollution.
14. Quarantine of animals and animal products means the application of measures of diagnosing, testing animals and animal products to detect objects of animal and animal product quarantine.
15. Objects of animal and animal product quarantine mean elements producing diseases and causing harms to human health and animals, including microorganisms, parasites, eggs and larvae of parasites; endocrine substances, toxin, residues; animal species which cause harms to human beings, animals, environment, ecological system.
16. Animal slaughtering control means the inspection and testing to detect objects of animal slaughtering control before, during and after the slaughtering.
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18. Veterinary hygiene inspection means the application of technical measures to detect objects of veterinary hygiene inspection.
19. Objects of veterinary hygiene inspection mean pathogenic elements which cause harms to human beings, animals, including microorganisms, parasites, eggs and larvae of parasites, moistures, dusts, light, noise, toxic gas, toxins and other environmental elements affecting human health, animal health and environmental hygiene.
20. Animal wastes mean matters generated from the process of rearing, slaughtering, preliminary processing, transport of animals, animal products.
21. Quarantine isolation areas mean the places where animals are reared and kept or animal products are preserved, which are totally isolated from other animals or animal products during a given period of time for quarantine.
22. Decontaminating disinfection means the annihilation of pathogens in animal epidemic nests, epidemic zones, epidemic-threatened zones; quarantine isolation areas, breeding farms, slaughter houses, establishments for animal and animal product preliminary processing; establishments producing animal feeds, veterinary drugs, veterinary-use bioproducts, microorganisms; means and tools for transportation, storage, keeping animals, animal products, for transportation of animal wastes; animal wastes which may spread diseases to animals or pollute animal products.
23. Veterinary drugs mean substances or compounds originating from animals, plants, microorganisms, minerals, chemicals, which are used to prevent, diagnose and treat diseases or to rehabilitate, regulate and/or improve functions of animal body, including pharmaceuticals, chemicals, vaccines, hormones, some other bio-products and a number of veterinary-use microorganisms.
24. Veterinary-use bioproducts mean products of biological origins, used for disease diagnosis, prevention and treatment, regulation of animal growth and reproduction process, treatment of animal-rearing habitat.
25. Veterinary-use microorganisms mean species of bateria, viruses, unicellate parasites, musts, yeasts and some other species of microorganisms used for diagnosis, prevention and treatment of animal diseases; for research, production, experiment and testing of veterinary drugs.
26. Testing of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals means the examination and determination of technical criteria of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals.
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28. Assay of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals means the examination and determination of the characteristics, effect and safety of samples of foreign-made veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals upon the registration for the first-time import into Vietnam on a number of animals at the assaying establishments.
29. Expertise of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals means the inspection and re-evaluation of the quality of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which have already been tested, experimented, assayed or are being circulated upon disputes, complaints or examination requests of competent State bodies.
30. Compulsory disease prevention measures mean the compulsory use of vaccines, veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals to prevent animal diseases; the compulsory application of veterinary hygiene measures in husbandry.
Article 4.- Principles on veterinary activities
1. Formulating veterinary strategies, plannings and plans suitable to the requirements of socio-economic development, expansion of international cooperation, stepping up of socialization of veterinary activities; combining the immediate interests with the long-term interests, ensuring the common interests of the entire society.
2. Disease prevention is the key, disease treatment must be timely, epidemic combat must be expeditious in order to efficiently prevent and eliminate epidemics; absolutely preventing the infiltration and development of the animal species which cause harms to human beings, animals, environment, ecological system.
3. Applying scientific and technological advances, combining modern sciences and technologies with people's experiences in disease prevention and combat, quickly detecting diseases, accurately diagnosing diseases and efficiently treating diseases for animals, ensuring food hygiene and safety for animal product users, preventing the spread of epidemics to human beings and animals.
4. Strictly managing the production and trading of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals.
5. Promoting the autonomy and self-responsibility, ensuring the equality among, and the legitimate interests of, organizations and individuals in veterinary activities.
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1. The State invests in the following veterinary activities:
a) Scientific research, technological development, training of human resources in the veterinary field;
b) Consolidation of the material-technical foundations for veterinary research institutions, animal quarantine establishments; animal disease diagnosing and testing, veterinary hygiene-examination establishments; veterinary drug, veterinary-use bioproduct, microorganism and chemical-testing, experimenting or assaying establishments;
c) Development of epidemics information and supervision system;
d) Building of animal quarantine isolation areas at a number of border gates or at places suitable for aquatic animals;
e) Formulation and implementation of programs on control and elimination of a number of dangerous animal contagious epidemics and diseases spreading from animals to human beings.
2. The State provides funding support for vaccine research and production, epidemic prevention and combat, overcoming of consequences of animal epidemics.
3. The State creates conditions for domestic organizations and individuals as well as foreign organizations and individuals to invest in, research into and/or apply scientific and technological achievements to, the production of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals; to build concentrated animal slaughter houses; to build animal epidemics-free zones and establishments.
4. The State adopts policies towards people engaged in grassroots veterinary work; and encourages activities of domestic animal insurance and veterinary practice.
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1. The State exercises the uniform State management over veterinary medicine.
2. The Ministry of Agriculture and Rural Development is answerable to the Government for performing the State management over veterinary medicine for land animals nationwide.
3. The Ministry of Fisheries is responsible to the Government for performing the State management over veterinary medicine for aquatic and amphibious animals nationwide.
4. The ministries, the ministerial-level agencies and the Government-attached agencies, within they respective tasks and powers, have the responsibility to coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries in performing the State management over veterinary medicine according to the Government's assignment.
5. The People's Committees at all levels perform the State management over veterinary medicine within their respective localities under the Government's decentralization.
6. The system of specialized veterinary agencies is organized from the central level to the rural districts, urban districts, provincial capitals and towns (hereinafter called collectively the district level).
The Government specifies the organization, tasks and powers of the State management agencies in charge of veterinary medicine and the veterinary networks of communes, wards, district townships (hereinafter called collectively the commune level).
1. The system of veterinary hygiene standards and the system of veterinary drug, veterinary-use bioproduct, microorganism and chemical standards include:
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b) The branch standards;
c) The unit standards;
d) The international standards, regional standards, foreign standards, which are permitted for application in Vietnam.
2. The Ministry of Science and Technology promulgates Vietnamese standards, including:
a) The veterinary hygiene standards applicable to animal rearing, gathering or trading establishments; breed producing and/or trading establishments;
b) The veterinary hygiene standards applicable to equipment, instruments, transport means used in husbandry;
c) The veterinary hygiene standards applicable to animal feeds, water used for animals in concentrated rearing establishments, raw materials of animal origin used for the production of feeds;
d) The veterinary hygiene standards applicable to animal wastes, other objects of veterinary hygiene inspection as provided for by law;
e) The veterinary hygiene standards applicable to animal epidemic-free zones, establishments;
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g) The veterinary hygiene standards applicable to animal, animal product quarantine isolation areas;
h) The veterinary hygiene standards applicable to slaughtered animals;
i) The veterinary hygiene standards applicable to animal slaughter houses, animal product- preliminarily processing or preserving establishments;
j) The veterinary hygiene standards applicable to animals, animal products, which are domestically circulated and consumed, exported, imported;
k) The veterinary hygiene standards applicable to veterinary drug, veterinary-use bioproduct, microorganism and/or chemical- producing and/or trading establishments;
l) The veterinary drug, veterinary-use bioproduct, microorganism, chemical standards.
3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries promulgate branch standards, including:
a) The veterinary hygiene standards applicable to animal rearing, gathering or trading establishments; breed producing and/or trading establishments;
b) The veterinary hygiene standards applicable to equipment, instruments and transport means used exclusively in husbandry;
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d) The veterinary hygiene standards applicable to animal wastes and other objects of veterinary hygiene inspection as provided for by law;
e) The veterinary hygiene standards applicable to animal epidemic-free zones and establishments;
f) The veterinary hygiene standards applicable to animals, animal products on the lists of those subject to quarantine;
g) The veterinary hygiene standards applicable to animal, animal product quarantine isolation areas;
h) The veterinary hygiene standards applicable to slaughter animals;
i) The veterinary hygiene standards applicable to animal slaugher houses, animal product- preliminarily processing or preserving establishments;
j) The veterinary hygiene standards applicable to animals, animal products, which are domestically circulated and consumed, exported, imported;
k) The veterinary hygiene standards applicable to veterinary drug, veterinary-use bioproduct, microorganism and/or chemical producing and/or trading establishments;
l) The veterinary drug, veterinary-use bioproduct, microorganism and chemical standards.
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1. Violating the regulations on veterinary hygiene for establishments rearing, slaughtering or trading in animals, establishments prelimina-rily processing and/or trading in animal products; establishments producing veterinary drugs, bioproducts, microorganisms and/or chemicals; establishments producing animal feeds.
2. Producing, trading in, importing animals, animal products, raw materials of animal origin used for production of animal feeds, animal feeds of animal origin; veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, which are fake, not up to the veterinary hygiene standards, expired, with unclear origin, banned from use or not allowed for circulation in Vietnam.
3. Failing to apply compulsory animal disease prevention measures.
4. Throwing animal bodies, thus spreading epidemics to animals, human beings.
5. Illegally transporting diseased animals, animal products carrying dangerous pathogens from one locality to another.
6. Transporting animals, animal products from epidemic zones, epidemic- threatened zones to other regions.
7. Importing animal bodies, microorganisms and/or parasites without permission of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
8. Importing, exporting animals, animal products on the lists of those banned from import, export.
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10. Shirking the quarantine of animals, animal products which are domestically transported, exported, imported, temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped, transited in Vietnamese territory.
11. Fraudulently swapping animals or animal products already quarantined with those not yet quarantined.
12. Slaughtering animals for trading at slaughter houses not up to the veterinary hygiene standards.
13. Slaughtering diseased animals; diseased animals on the list of endangered rare and precious animal species.
14. Trading in animals and/or animal products not up to the veterinary hygiene standards.
15. Applying chemicals to animal products, thus causing harms to animal product users; using coloring matters banned from use; pickling with chemicals, injecting water or other liquid solutions into, animals and/or animal products.
16. Circulating veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals inconsistent with the label contents approved by competent State bodies in charge of veterinary medicine.
17. Counterfeiting veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, which have been already registered for circulation in the market.
18. Advertising, marketing veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals untruthfully to the registered properties and utilities.
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20. Using unprocessed raw materials, pharmaceuticals which are harmful to animals in order to prevent and treat animal diseases.
21. Other acts prescribed by law.
ANIMAL DISEASE PREVENTION AND TREATMENT, ANIMAL EPIDEMIC COMBAT
Article 9.- Contents of disease prevention and treatment, epidemic combat for animals
1. Applying measures to prevent diseases, diagnose and treat diseases; combat epidemics; supervise and control animal epidemics.
2. Effecting healthcare for animals.
3. Effecting quarantine of animals, animal products; examining veterinary hygiene for animal products and other objects liable to veterinary hygiene inspection.
4. Building epidemics- free zones, establishments, formulating programs on control and elimination of a number of dangerous animal contagious diseases and diseases spreading from animals to human beings.
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1. The Prime Minister sets up the National Steering Committee for animal epidemic prevention and combat upon the appearance of dangerous animal contagious epidemics which may spread to human beings in order to control and stamp out epidemics in case of urgency at the proposal of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries; decides to use the anti-epidemic financial sources from the animal epidemic prevention and combat fund for the application of measures to prevent and combat animal epidemics, stamp out animal epidemics and overcome the consequences of animal epidemics.
2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries have the responsibility:
a) To formulate, and direct the implementation of, strategies, plannings and plans on prevention of animal diseases and combat against animal epidemics;
b) To prescribe conditions and procedures for recognition of animal epidemic-free zones, establishments;
c) To direct the animal disease prevention and treatment as well as animal epidemic fighting nationwide;
d) To promulgate lists of diseases to be announced as epidemics, lists of dangerous animal diseases, lists of diseases subject to the application of compulsory disease prevention measures;
e) To decide to announce epidemics, epidemic zones, epidemic-threatened zones, buffer zones according to competence prescribed in Clause 2, Article 17 of this Ordinance;
f) To prescribe compulsory disease prevention measures applicable to animals in epidemic zones, epidemic-threatened zones, buffer zones, areas where epidemics have already appeared, areas already threatened by epidemics;
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3. The People's Committees of the provinces and centrally-run cities (hereinafter referred collectively to as the provincial-level People's Committees) have the responsibility:
a) To organize the animal disease prevention and treatment as well as animal epidemic fighting within their respective localities;
b) To decide to announce epidemics, epidemic zones, epidemic-threatened zones, buffer zones in their respective localities;
c) To set up provincial/municipal Steering Committees for animal epidemic prevention and fighting under the Government's direction.
4. The State management agencies in charge of veterinary medicine have to guide and inspect the implementation of the provisions at Points a, b, e, f and g, Clause 2 of this Article.
5. The People's Committees at all levels have the responsibility to direct the epidemic prevention and fighting for animals, notify animal epidemics, inspect epidemic zones; build up animal epidemic-free zones, establishments.
1. Domestic animal owners must observe the regulations on veterinary hygiene conditions in husbandry prescribed in this Ordinance and apply compulsory measures to prevent and treat diseases as well as to fight epidemics for animals.
2. Organizations and individuals, when using veterinary drugs, bioproducts, microorganisms, chemicals to prevent, treat diseases for animals, have the responsibility:
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b) To comply with the use instructions or direction of veterinary doctors or technicians of the veterinary offices, or persons permitted for veterinary practice.
Article 12.- Veterinary hygiene conditions in husbandry
1. Veterinary hygiene conditions for husbandry by households, individuals:
a) Animal stables or other rearing places must be cleaned and disinfected periodically and after each animal batch against germs and disease-communicable vectors;
b) Husbandry instruments must be cleaned before being put to use;
c) Animal breeds must satisfy the animal breed quality standards according to law provisions on animal breeds, must not carry contagious pathogens, have already been quarantined and gone through compulsory disease prevention measures;
d) Animal feeds must ensure the veterinary hygiene standards, not cause harms to animals and users of animal products;
e) Husbandry water must be clean, and non-pathogenic to animals;
f) Animals put on ranching must be healthy and not carry contagious germs, dangerously pathogenic parasites.
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a) Their locations must be planned, far from population quarters, public works, main traffic roads and polluting sources;
b) To ensure the veterinary hygiene standards prescribed at Points a, b, c and d, Clause 2, Points a, b, c and d, Clause 3 of Article 7 of this Ordinance;
c) The animal-rearing areas must have waste treatment places, animal isolated rearing places, farming-tool- cleaning and disinfecting places, inspection slaughter places, animal corpse treatment places;
d) Rearing area entrances and exits must be subject to the application of hygienic and disinfectant measures to human beings and transport means that pass through;
e) Animal feed-producing, processing places and storehouses must be isolated from places where toxic chemicals are stored.
Article 13.- Healthcare for animals
1. The land animals must be provided with the following conditions:
a) To be provided adequately with water and feeds suitable to each species;
b) To be provided with stables and rearing instruments satisfying veterinary hygiene standards and suitable to each species;
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2. The aquatic and amphibious animals must be provided with the following conditions:
a) To live in water environment suitable to each species. Water sources supplied to aquaculture places must meet the environmental standards, be free from germs and contagious vectors. Sources of water discharged from the rearing places must be treated up to the prescribed standards;
b) To be provided with adequate feeds suitable to each species, according to the prescribed technical process. To strictly observe the regime of treating and discharging wastes, cleaning and disinfecting farming tools in order to avoid the spread of epidemics from one rearing place to another and from the outside into the rearing places;
c) The environmental standards must be supervised, signs of epidemics must be monitored with prescribed frequencies and methods, aiming to detect and treat in time epidemics right from the start;
d) To be given timely disease prevention and treatment.
Article 14.- Building animal epidemic-free zones, establishments
1. Zones and establishments which satisfy the following conditions shall be recognized as animal epidemic-free:
a) Meeting the veterinary hygiene conditions and standards applicable to epidemic-free zones and establishments as prescribed at Point e of Clause 2, Point e of Clause 3, Article 7 of this Ordinance;
b) Applying compulsory measures for disease prevention and epidemic control, inspecting the veterinary hygiene conditions of husbandry establishments, breeding establishments, animal slaughter houses, animal and animal product-preliminarily processing establishments;
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2. The responsibilities of State bodies in building up animal epidemic-free zones and establishments are prescribed as follows:
a) The Ministry of Agriculture and Rural Development and the Ministry of Fisheries direct the building of animal epidemic-free zones and establishments throughout the country;
b) The State management agencies in charge of veterinary medicine of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries guide the local State management veterinary offices in drawing up plans for building up animal epidemic-free zones and establishments; appraise and recognize animal epidemic-free zones and establishments; manage veterinary activities in animal epidemic-free zones and establishments and inspect and examine veterinary activities in animal epidemic-free zones and establishments according to decentralization;
c) The People's Committees of all levels organize the building of animal epidemic-free zones and establishments in their respective localities; invest in veterinary activities in animal epidemic-free zones and establishments;
d) The provincial-level State management veterinary offices shall assist the People's Committees of the same level in building and managing animal epidemic-free zones and establishments within their respective localities.
3. Responsibilities of organizations and individuals in building up animal epidemic-free zones and establishments are prescribed as follows:
a) Organizations and individuals rearing animals must register for the building of animal epidemic-free zones and/or establishments and comply with veterinary law provisions applicable to animal epidemic-free zones and/or establishments;
b) Organizations and individuals conducting activities related to animal epidemic-free zones and establishments must abide by veterinary law provisions applicable to animal epidemic-free zones and establishments.
Article 15.- Drawing up programs on animal epidemic control and annihilation
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a) Ensuring the effective control and annihilation of dangerous animal epidemics and the diseases spreading from animals to human beings; meeting animal and animal product export demands;
b) Applying measures to ensure the gradual reduction of epidemic nests and the number of diseased animals, proceeding to eliminate epidemics;
c) Gaining contributions of domestic organizations and individuals as well as foreign organizations and individuals to animal epidemic control and annihilation.
2. Responsibilities of State bodies in formulation of programs for animal epidemic control and annihilation are prescribed as follows:
a) The Government formulates the national program on control and annihilation of a number of dangerous animal contagious diseases; direct the concerned ministries and branches to coordinate with the Ministry of Agriculture and Rural Development and the Ministry of Fisheries in formulating and implementing national programs on animal epidemic control and annihilation;
b) The Ministry of Agriculture and Rural Development and the Ministry of Fisheries formulate national programs on animal epidemic control and annihilation and submit them to the Government for approval and direct the materialization thereof;
c) The State management agencies in charge of veterinary medicine of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries guide the application of animal epidemic control and annihilation measures; inspect, examine and evaluate the application of such measures; cooperate with other countries and/or international organizations for realization of animal epidemic control and annihilation programs;
d) The People's Committees of all levels organize the realization of animal epidemic control and annihilation programs; propagate and disseminate the veterinary legislation to, and educate, the local people in the sense of observing the veterinary legislation;
e) The provincial-level State management agencies in charge of veterinary medicine disseminate and guide measures for animal epidemic control and annihilation; inspect and examine the application of such measures by organizations and individuals engaged in husbandry and/or veterinary activities in their respective localities.
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Article 16.- Responsibility for treating animal epidemics
1. Animal and/or animal product owners have the responsibility:
a) Upon detecting animals which are diseased or have died of diseases or show signs of being infected with diseases, which are on the lists of dangerous animal diseases, not to sell, slaughter or discard them into environment, but to isolate them and immediately report thereon to veterinary personnel or the nearest veterinary offices.
To immediately report to veterinary personnel or the nearest veterinary offices if on the way of transportation, at slaughtering or preliminary processing establishments, the animal product owners detect that the animal products degenerate, failing to meet the veterinary hygiene standards or show signs of carrying dangerous germs;
b) Upon determing that animals are infected with diseases or animal products carry dangerous germs on the lists of diseases which must be announced as epidemics, to isolate the diseased animals, separately preserve germ-carrying animal products, arrange people to tend such animals, using separate instruments and animal feeds; to restrict the circulation of animals, animal products, people entering and exiting animal-rearing establishments; to apply compulsory handling measures against contaminated feeds, diseased animals, germ-carrying animal products, animal wastes as prescribed for each kind of disease; to clean and disinfect husbandry establishments, slaughtering and preliminarily processing establishments, husbandry instruments, slaughtering instruments, veterinary instruments, transport means.
2. Veterinary personnel, veterinary offices have the responsibility:
a) Upon receiving information prescribed at Point a, Clause 1 of this Article, to quickly diagnose and determine the diseases;
b) Upon identifying diseased animals, animal products carrying dangerous contagious pathogens on the list of diseases which must be announced as epidemics, to promptly guide the domestic animal and/or animal product owners in immediately applying the measures prescribed at Point b, Clause 1 of this Article;
c) Depending on the epidemic nature and seriousness, the veterinary offices report thereon to the People's Committees of the same level in order to apply measures for epidemic prevention and fighting in such areas and at the same time report to the immediate superior veterinary offices.
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1. The provincial-level People's Committee presidents decide to announce animal epidemics when fully having the following conditions:
a) The epidemics are on the list of diseases which must be announced as epidemics occurring in the provinces, which may spread widely;
b) Having written reports of the district-level People's Committee presidents on the situation of epidemic developments;
c) Having obtained diagnostic conclusions determining that they are dangerous animal contagious diseases on the list of diseases which must be announced as epidemics and the written requests for epidemic announcement of the provincial-level veterinary State management veterinary agencies or the State management veterinary agency of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
2. The Minister of Agriculture and Rural Development or the Minister of Fisheries shall base him/herself on the extent and danger of the epidemics on the list of diseases which must be announced as epidemics occurring in the two or more provinces to announce epidemics.
3. The Prime Minister announces epidemics when there appear dangerous animal epidemics which may spread to human beings at the proposal of the Minister of Agriculture and Rural Development or the Minister of Fisheries.
Article 18.- Organizing epidemics fighting in epidemic zones
1. When announcing epidemics, the provincial-level People's Committee presidents have the responsibility to organize and direct the application of the following measures by the agriculture services, fisheries services, concerned organizations and individuals:
a) Determining the boundaries of the epidemic zones, epidemic-threatened zones, buffer zones; erecting signboards, sentry posts and directing the movement, transportation of animals and/or animal products from epidemic zones;
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c) Prohibiting slaughtering, taking in or out or circulation in epidemic zones of animals and/or animal products vulnerable to announced epidemics;
d) Urgently vaccinating or applying other compulsory disease prevention measures for animals vulnerable to announced epidemics in epidemic zones and epidemic-threatened zones; treating or destroying diseased animals and/or germ-carrying animal products under the guidance of competent veterinary offices; intensifying the monitoring and supervision of animals in buffer zones;
e) Disinfecting stables, ponds, swamps and/or places where animals are diseased, husbandry means and instruments, wastes, polluted environment under the guidance of the veterinary offices and applying other necessary veterinary hygiene measures in epidemic zones.
2. When announcing epidemics, the Minister of Agriculture and Rural Development or the Minister of Fisheries has the responsibility to organize and direct the application of the measures prescribed in Clause 1 of this Article by the agriculture service, the fisheries service, concerned organizations and individuals.
3. When announcing epidemics, the Prime Minister decides:
a) To set up the National Steering Committee for animal epidemic prevention and fighting;
b) To assign provincial-level People's Committee presidents to set up Steering Committees for animal epidemic prevention and fighting in epidemic localities.
4. The Steering Committees for animal epidemic prevention and fighting have the right to mobilize people, means and funding under law provisions for the application of measures to stamp out epidemics.
Article 19.- Epidemic prevention and fighting in epidemic-threatened zones
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2. Where epidemics occur in provinces, the provincial-level State management veterinary agencies must examine and strictly control activities related to animals and/or animal products in the epidemic-threatened zones and apply the following measures:
a) Controlling the introduction into and taking out of the epidemic-threatened zones of animals and/or animal products vulnerable to the announced epidemics;
b) Strictly controlling the slaughtering and circulation of animals, animal products in the zones;
c) Applying compulsory measures to prevent diseases for animals.
3. Where the epidemic-threatened zones are adjacent to epidemic zones in border regions of neighboring countries, the provincial-level People's Committee presidents have the responsibility:
a) To announce the epidemic-threatened zones within 5 km from the borders and apply the measures prescribed in Clause 2 of this Article;
b) To decide on the border gates and animal species not permitted to be circulated through such border gates;
c) To decide to prohibit the introduction into Vietnamese territory of animal species, animal products, which are vulnerable to germs of the epidemics occurring in such neighboring countries;
d) To direct the concerned agencies in inspecting and strictly controlling activities related to animals, animal products in the zones; to apply sanitary and disinfection measures for human beings and transport means passing through the border gates.
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1. When announcing epidemics, the persons competent to announce animal epidemics, defined in Article 17 of this Ordinance, shall also announce the buffer zones.
2. When announcing epidemics, the local State management veterinary offices must apply the following measures:
a) Examining and controlling activities related to animals, animal products in buffer zones;
b) Strictly controlling the circulation of animals and/or animal products, which are vulnerable to epidemics in the buffer zones;
c) Regularly monitoring and supervising animals vulnerable to epidemics.
Article 21.- Conditions and competence for announcing epidemic termination
1. Conditions for announcing epidemic termination include:
a) Having already applied vaccination or other compulsory measures to prevent diseases for animals which are vulnerable to epidemics in the epidemic zones, epidemic-threatened zones;
b) Within the time limit prescribed for each type of disease, counting from the date the last diseased animal or aquatic stock died, was slaughtered, destroyed, compulsorily handled or recoverd from ailment, neither domestic animals nor aquatic stocks are infected with or die of the announced epidemics;
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2. The epidemics announcers defined in Article 17 of this Ordinance are competent to announce the termination of epidemics, the cancellation of epidemic zones, epidemic-threatened zones or buffer zones.
Article 22.- Funds for animal epidemic prevention and fighting
1. Funds for animal epidemic prevention and fighting shall comprise kinds and cash, which are used for the following purposes:
a) Preventing and fighting animal epidemics;
b) Stamping out animal epidemics;
c) Overcoming the consequences of animal epidemics.
2. Funds for animal epidemic prevention and fighting are formed from:
a) State budget;
b) Contributions of organizations and indivi-duals engaged in husbandry, slaughtering, pre-liminarily processing, trading in, exporting and/or importing animals and/or animal products; producing and/or trading in veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, conducting veterinary practice; contributions, financial assistance of domestic and foreign organizations as well as individuals, international organizations and other sources as provided for by law.
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QUARANTINE OF ANIMALS, ANIMAL PRODUCTS; SLAUGHTERING CONTROL; VETERINARY HYGIENE EXAMINATION
Section I. QUARANTINE OF ANIMALS, ANIMAL PRODUCTS
Article 23.- Principles on quarantine of animals, animal products
1. Animals, animal products, when being transported in great quantities or volumes out of districts, must be quarantined once at the places of departure.
2. Animals, animal products on the lists of objects liable to the animal, animal product quarantine, promulgated by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries, when being imported, temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped, transited, must be quarantined under the provisions in Articles 28 and 29 of this Ordinance.
For export animals, animal products, the quarantine shall be carried out at the requests of the importing countries and according to the provisions in Article 27 of this Ordinance.
3. The quarantine of animals, animal products must comply with the veterinary hygiene standards, process and procedures promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
4. Objects of animal, animal product quarantine must be examined and detected quickly and accurately.
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Import animals and animal products with their owners being unidentified must be destroyed.
Article 24.- Contents of animal, animal product quarantine
1. Examination of quarantine dossiers.
2. Gathering animals, animal products at the prescribed places or bringing them into the quarantine isolation areas; clinically examining, diagnosing and testing animals, animal products in order to detect quarantine objects.
3. Making conclusions on quarantine results so as to grant or not to grant quarantine certificates, to certify or not to certify quarantine.
4. Requesting animal, animal product owners to handle according to the provisions at Point d, Clause 1, Article 25 of this Ordinance.
1. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries shall have the responsibilities:
a) To promulgate lists of objects of animal, animal product quarantine; lists of animals, animal products subject to quarantine;
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c) To promulgate animal quarantine process, procedures according to the veterinary hygiene standards prescribed at Points e and g of Clause 2, Points e and g of Clause 3, Article 7 of this Ordinance for animals, animal products transported domestically, exported, imported, temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped, transited in the Vietnamese territory;
d) To prescribe measures for handling of animals, animal products, transport means, animal- or animal product-holding instruments, which are not up to the veterinary hygiene standards;
e) To prescribe uniforms, insignia, shoulder strap, badge, quarantiner's card, forms of animal and animal product quarantine dossiers.
2. The customs, trade, communication and transport and police offices shall have to coordinate with the veterinary State manage-ment agencies in effecting the quarantine of animals, animal products within localities.
3. The provincial-level People's Committees shall have to plan locations for construction of animal and animal product quarantine isolation areas and direct the agencies defined in Clause 2 of this Article in the quarantine of animals, animal products.
4. The State management veterinary agencies shall have to effect the animal, animal product quarantines at land road, railway, inland waterway, marine, air transport hubs, border gates, post offices as provided for in Articles 26, 27, 28 and 29 of this Ordinance.
The competent State management veterinary agencies shall have to assist the People's Committees of the same levels in prescribing locations and guide, examine the implemen-tation of veterinary hygiene during the time the animals, animal products are gathered for trade fairs, expositions of animals, animal products as provided for in Article 30 of this Ordinance.
5. The State management veterinary agency of the Ministry of Agriculture and Rural Development or Ministry of Fisheries shall conduct quarantines and grant quarantine certificates or certify the quarantines for animals, animal products, which are exported, imported, temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped, transited in the Vietnamese territory.
6. The provincial-level State management veterinary agencies shall have to conduct quarantines and grant quarantine certificates for domestically transported animals, animal products.
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8. Organizations and individuals, when circulating animals and/or animal products, must abide by the regulation on animal and animal product quarantine; pay charges and/or fees according to law provisions on charges and fees.
Article 26.- Quarantine of domestically circulated animals and animal products
1. Animal or animal product owners, before transporting animals or animal products, must make declarations with the competent veterinary offices.
The veterinary offices shall have to conduct the quarantines according to regulations and grant quarantine certificates; permit the continued circulation of animals, animal products being transported en route if they have valid quarantine certificates.
Where the quarantine certificates are invalid or unavailable, the veterinary offices shall handle the cases according to law provisions.
2. Animals, animal products, which satisfy the following conditions shall be granted the quarantine certificates:
a) The animals meet the veterinary hygiene standards as prescribed at Point e of Clause 2, Point e of Clause 3, Article 7 of this Ordinance, are taken from animal epidemic-free zones or establishments, have already gone through compulsory disease prevention measures and are still immune;
b) The animal products are taken from the animals prescribed at Point a of this Clause and meet the veterinary hygiene standards, are packed and preserved according to law provisions;
c) The animal wastes taken from the animals prescribed at Point a of this Clause and meet the veterinary hygiene standards according to the provisions at Point d of Clause 2, Point d of Clause 3, Article 7 of this Ordinance.
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4. Owners of animals, animal products, transport means, animal or animal product holding instruments, which are subject to veterinary hygiene examination, must bear responsibility for the transported animals, animal products and their own declaration contents; ensure veterinary hygiene and environmental sanitation during the process of gathering, transporting animals or animal products according to veterinary law provisions and environmental protection law provisions.
Article 27.- Quarantine of export animals, animal products
1. Export animals and animal products must be quarantined, veterinary-hygiene checked at places of departure at the request of importing countries or animal, animal product owners.
2. Organizations and individuals exporting animals or animal products, that request quarantines, must make prior declarations with competent animal quarantine offices. Depending on the nature, quantity, kinds of animal or animal product, the animal quarantine bodies shall notify the goods owners of the quarantine locations and time.
3. The animal quarantine agencies shall grant quarantine certificates at the places of departure for animals, animal products, means for animal or animal product transportation, which are subject to veterinary hygiene examination and meet the veterinary hygiene standards.
In case of detecting that animals, animal products, animal or animal product transport means, which are subject to veterinary hygiene examination, fail to meet the veterinary hygiene standards required by importing countries, the animal quarantine agencies shall request goods owners to apply handling measures as provided for at Point d of Clause 1, Article 25 of this Ordinance.
Article 28.- Quarantine of import animals, animal products
1. Organizations and individuals, when importing animals or animal products, must make prior declarations with the competent animal quarantine agencies of Vietnam.
Depending on the nature, quantities, kinds of animal or animal product, the animal quarantine agencies shall notify the animal or animal product importing organizations and individuals of the quarantine locations and time and monitor the quarantine isolation.
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3. The quarantine of import animals is prescribed as follows:
a) When animals are transported to border gates, the quarantine offices shall examine dossiers, health conditions of the animals; if the dossiers are valid and animals do not show signs of being infected with dangerous diseases, they shall make certification so that the goods owners carry out customs procedures and carry the animals to the quarantine isolation areas for quarantine monitoring; the time for monitoring the quarantine isolation shall depend on each kind of disease, each species of animal, but not exceed 45 days; guide the goods owners in applying hygienic measures to persons in contact with the animals, environmental sanitation, rearing instruments, handling devices, animal transport means, animal holds and relevant objects subject to veterinary hygiene examination;
b) In the course of transportation, handling and tending of animals and monitoring the animal quarantines at quarantine isolation areas, the goods owners or their representatives must comply with the guidance of veterinary agencies.
4. Animal products, objects of veterinary hygiene examination, which satisfy the veterinary hygiene standards prescribed at Points f and g of Clause 2, Points f and g of Clause 3, Article 7 of this Ordinance, shall be granted the quarantine certificates by veterinary agencies for carrying out the customs procedures; in cases where they must be carried to other locations for quarantine, the transfer papers must be granted by veterinary agencies for carrying out the customs procedures.
5. Organizations and individuals bringing along animals or animal products into Vietnam must declare them with the border-gate animal quarantine offices for quarantine.
6. Animals and animal products which fail to meet the veterinary hygiene standards or are subject to import ban must be handled as follows:
a) Returning the animals to the places of origin or destroying them at places designated by veterinary offices and supervising the destruction;
b) Returning the animal products to the places of origin or handling them according to law provisions; after the handling, if they meet the requirements, their import shall be permitted.
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2. The border-gate animal quarantine offices examine quarantine certificates of the exporting countries and check the veterinary hygiene when animals or animal products which are temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped or transited in the Vietnamese territory arrive at the border gates; if the conditions are fully met, the animal quarantine offices shall grant quarantine certificates or certify the quarantine.
3. The animal quarantine offices shall request organizations and/or individuals to apply the following handling measures to animals or animal products which are not up to the veterinary hygiene standards or subject to import ban:
a) Returning the animals, animal products to their places of origin;
b) Destroying diseased animals, animal products carrying dangerous contagious germs.
4. The border-gate animal quarantine offices shall examine the quarantine certificates of exporting countries; open containers, seal stamps for veterinary hygiene examination only in case of necessity according to law provisions for animals, animal products, which are temporarily imported for re-export, temporarily exported for re-import, border-gate transshipped, transited in Vietnamese territory in containers or means with other seal stamps.
1. Organizations and individuals that have animals on the lists of animals, animal products subject to quarantine, when gathering them for participation in trade fairs, expositions, sport competitions, art performances; animal products on the lists of animals, animal products subject to quarantine, when bringing them to trade fairs or expositions must comply with the following regulations:
a) Possessing quarantine certificates issued by State management veterinary agencies of the localities of departure, for domestic animals, animal products;
b) Possessing import quarantine certificates issued by animal quarantine offices, for animals and animal products from foreign countries;
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2. After the time of gathering, trade fairs, expositions, the local competent State management veterinary offices shall check the veterinary hygiene for all animals or animal products, guide the cleaning and disinfection of the entire areas and grant certificates of quarantine of animals, animal products which meet the veterinary hygiene standards for domestic use.
Where animals brought for participation in trade fairs, expositions, sport competitions or art performances, animal products brought for participation in trade fairs, expositions need to be exported from Vietnam, the organizations or individuals that have such animals or animal products must carry out the export quarantine procedures according to law provisions.
Section 2. CONTROL OF ANIMAL SLAUGHTERING
Article 31.- Principles on animal slaughtering control
1. Slaughtered animals must be controlled strictly according to process and procedures at the slaughtering establishments as provided for in Clause 1, Article 34 of this Ordinance.
2. Slaughtered animals must satisfy the veterinary hygiene standards as prescribed at Point h of Clause 2, Point h of Clause 3, Article 7 of this Ordinance, ensuring veterinary hygiene and food hygiene and safety.
3. Animal products, before being put into circulation, must be checked and determined as reaching the veterinary hygiene standards and be affixed with slaughtering control stamps or marks or veterinary hygiene stamps.
4. Only persons holding animal quarantiner's cards can perform the task of slaughtering control at animal slaughtering establishments.
Article 32.- Contents of animal slaughtering control
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2. Examining the compliance with the veterinary hygiene standards applicable to slaughtering establishments, preliminary processing establishments as provided for at Point i of Clause 2, Point i of Clause 3, Article 7 of this Ordinance.
3. Examining the observance of regulations applicable to persons directly engaged in animal slaughtering as provided for in Clause 3, Article 33 of this Ordinance.
4. Examining the animal quarantine certificates, ensuring that the animals, before being slaughtered, are not infected with dangerous contagious diseases.
5. Checking the animals before, during and after slaughtering in order to detect objects of animal, animal product quarantine.
6. Detecting and handling diseased or dead animals; animal products failing to reach the veterinary hygiene standards.
7. Affixing slaughtering control stamps or marks on animal bodies or sticking veterinary hygiene stamps; granting quarantine certificates for circulation of animal products.
1. The locations of animal slaughtering, preliminarily processing establishments must be in line with the plannings of the People's Committees at different levels, ensure veterinary hygiene, environmental hygiene.
2. Meeting the veterinary hygiene standards applicable to animal slaughtering, preliminarily processing establishments as prescribed at Point i of Clause 2, Point i of Clause 3, Article 7 of this Ordinance.
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Article 34.- Responsibilities of agencies, organizations and individuals in animal slaughtering
1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall prescribe the processes and procedures for animal slaughtering control, slaughtering control seals, slaughtering control marks, veterinary hygiene stamps, animal quarantiner's card.
2. The State management veterinary agencies of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall have to control slaughtering, check veterinary hygiene at establishments slaughtering and preliminarily processing animals for export.
3. The provincial-level People's Committees shall have to plan the concentrated animal slaughtering establishments in their respective provinces; direct the subordinate People's Committees in planning and building slaughtering establishments at district and commune levels.
4. The local veterinary offices shall have to control slaughtering, examine veterinary hygiene and guide the treatment of animal wastes at establishments slaughtering, preliminarily processing animals in service of domestic consumption.
5. Organizations and individuals dealing in animals and/or animal products must have animals slaughtered at slaughtering establishments and pay slaughtering control charges or fees according to law provisions on charges and fees.
Section 3. VETERINARY HYGIENE EXAMINATION
Article 35.- Principles on veterinary hygiene examination
1. The veterinary hygiene examination must be carried out in animal-rearing, transportation, slaughtering, preliminary processing, preser-vation, circulation, consumption of animals, raw and fresh animal products.
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3. The veterinary hygiene examination shall only be effected on objects on the lists of objects subject to veterinary hygiene examination, promulgated by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
4. Only persons holding animal quarantiner's card can perform the task of veterinary hygiene examination at the establishments prescribed in Clause 1 of this Article.
Article 36.- Contents of veterinary hygiene examination
1. Examining and evaluating the realization of veterinary hygiene standards prescribed at Points a, b, c, d, e, g, h, i, j and k of Clause 2 and Points a, b, c, d, e, g, h, i, j and k of Clause 3, Article 7 of this Ordinance for:
a) Establishments rearing, gathering or trading in animals; breed-producing and/or- trading in establishments;
b) Equipment, instruments and transport means used in husbandry;
c) Feeds, water for animals at concentrated rearing establishments, animal-originated raw materials used for feed production;
d) Animal wastes, other objects liable to veterinary hygiene inspection;
e) Animal epidemic-free zones, establish-ments;
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g) Establishments slaughtering animals, preliminarily processing and/or preserving animals, animal products;
h) Establishments producing and/or dealing in veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals.
2. Applying technical measures to detect objects of veterinary hygiene inspection.
3. Making conclusions and handling according to law provisions.
1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries have the responsibility to promulgate:
a) The lists of objects of veterinary hygiene inspection; the lists of subjects liable to veterinary hygiene examination;
b) The lists of subjects liable to veterinary hygiene examination, that are forced to apply the veterinary hygiene standards;
c) The regulations on competence, order and procedures for veterinary hygiene examination.
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3. The People's Committees of all levels direct the concerned agencies in their respective localities to coordinate with one another in the realization of regulation on veterinary hygiene examination and handle violations according to law provisions.
4. The competent State management veterinary agencies in localities have the responsibility to conduct veterinary hygiene examination of the subjects prescribed in Clause 1, Article 36 of this Ordinance and handle violations according to law provisions.
5. Organizations and individuals that produce and/or trade in animals, animal products must observe the regulations on veterinary hygiene examination; pay veterinary hygiene examination charges and fees according to law provisions on charges and fees.
MANAGEMENT OF VETERINARY DRUGS, VETERINARY-USE BIOPRODUCTS, MICROORGANISMS, CHEMICALS
Organizations and individuals that produce, process, share veteriary drugs, veterinary-use bioproducts, microorganisms, chemicals for must fully meet the following conditions:
1. Having made registration for production, processing, sharing of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals;
2. Having locations, workshops, equipment, storages, waste water treatment system, which are up to the veterinary hygiene standards prescribed at Point k of Clause 2, Point k of Clause 3, Article 7 of this Ordinance and ensure the environmental protection;
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4. Having to apply the principles and standards for good practice of manufacture of veterinary drugs (GMP) applicable to veterinary drug producing establishments;
5. Having persons who directly manage the production of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals and possess veterinary practice certificates;
6. Having persons who test veterinary drugs, veterinary-use bioproducts, chemicals and possess veterinary practice certificates;
7. Producing, processing, sharing only veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals on the lists of veterinary drugs permitted for circulation in Vietnam, the lists of veteriary-use bioproducts, microorganisms, chemicals on the lists of those permitted for circulation in Vietnam as provided for at Point c, Clause 1, Article 51 of this Ordinance;
8. Persons who directly produce, process, share veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals must possess health certificates granted by medical centers of district or higher level.
Organizations and individuals that deal in veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals must fully meet the following conditions:
1. Having made registration for trading in veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals;
2. Having locations, material and technical foundations for preservation and sale thereof, which are up to the veterinary hygiene standards prescribed at Point k of Clause 2, Point k of Clause 3 of Article 7 of this Ordinance;
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4. Only trading in veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals on the list of veterinary drugs permitted for circulation in Vietnam, the lists of veterinary-use bioproducts, microorganisms or chemicals permitted for circulation in Vietnam, as prescribed at Point c, Clause 1, Article 51 of this Ordinance.
1. Veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are newly produced in the country or imported for the first time into Vietnam, shall be recognized when they fully satisfy the following conditions:
a) Having results of testing, experimentation of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are newly produced in the country; having results of testing, experimentation of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, which are imported for the first time into Vietnam;
b) Having dossiers of registration for circulation of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, which include the application for registration of circulation of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, the summaries of the properties of products; the technical information on the product quality, the technical information on the properties, effect and safety of the products, the testing cards of the production establishments and the competent testing agencies, the testing, experimenting and assaying results and labels of products;
c) The Specialized Scientific Council set up by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries evaluates the testing, experimenting and assaying results and proposes the recognition thereof.
2. Basing on the proposal of the Specialized Scientific Council, the Minister of Agriculture and Rural Development or the Minister of Fisheries shall consider and decide on the recognition of veterinary drugs, veterinary-use bioproducts, microoganisms and/or chemicals, which are newly produced in the country or imported for the first time in Vietnam for inclusion in the list of veterinary drugs permitted for circulation into Vietnam or the lists of veterinary-use bioproducts, microorganisms or chemicals permitted for circulation in Vietnam.
Article 41.- Testing veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals
1. Veterinary drugs, veterinary-use biopro-ducts, microorganisms and chemicals, which are not on the list of veterinary drugs permitted for circulation in Vietnam or lists of veterinary-use bioproducts, microorganisms and chemicals permitted for circulation in Vietnam, must be tested upon registration for their circulation, import.
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1. Veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are newly produced at home, must be tested upon registration for circulation.
2. Establishments which test veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals must meet the conditions prescribed at Point d, Clause 1, Article 51 of this Ordinance and be recognized by the State management veterinary agency of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
3. The testing and recognition of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are newly produced at home, must be carried out according to the order and procedures prescribed by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
1. Veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are produced by foreign countries and not on the list of veterinary drugs permitted for circulation in Vietnam or lists of veterinary-use bioproducts, microorganisms, chemicals permitted for circulation in Vietnam, must be assayed upon registration for their first-time import into Vietnam.
2. Establishments which assay veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals must meet the conditions prescribed at Point d, Clause 1, Article 51 of this Ordinance and be recognized by the State management veterinary agency of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
3. The assay must be carried out according to the order and procedues prescribed by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
Article 44.- Expertise of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals
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2. Veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals must be expertised in the following cases:
a) Where there are complaints or denuncia-tions about the quality of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals;
b) When it is so requested by competent State bodies.
3. The expertise of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals is conducted at establishments which test veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, to be decided by the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.
1. Persons requesting the testing, experimentation, assay and/or expertise of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals must bear all costs thereof under contracts, charges and fees under law provisions on charges and fees.
2. Where the results of expertise of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals show that the testing, experimenting or assaying results are wrong, the testing, experimenting or assaying establishments must bear the expertising costs.
1. Organizations and individuals that produce or import veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, which are on the list of veterinary drugs permitted for circulation in Vietnam or the list of veterinary-use bioproducts, microorganisms and chemicals permitted for circulation in Vietnam must announce the quality standards of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals and bear responsibility for the announced quality standards as provided for at Point l of Clause 2, Point l of Clause 3, Article 7 of this Ordinance; the announced quality standards must not be lower than the standards prescribed at Points a and b, Clause 1, Article 7 of this Ordinance.
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1. Organizations and individuals that produce or import veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, when announcing the standard-compatible quality, must be based on:
a) The testing or experimenting establish-ments' certification of results of testing, experi-mentation of the quality of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, which are newly produced at home;
b) The testing or assaying establishments' certification of the results of testing or assay of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, which are imported for the first time into Vietnam;
c) The certification of quality being compatible with Vietnamese standards or branch standards prescribed in Clauses 2 and 3 of this Article.
2. The Ministry of Science and Technology promulgates the lists of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, which are subject to the application of Vietnamese standards, the lists of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, which must be certified as having quality compatible with Vietnamese standards.
3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries promulgate lists of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, which are subject to the application of branch standards, the lists of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, which must be certified as having quality compatible with the branch standards.
4. The order and procedures for announcing the quality of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals being compatible with standards must comply with law provisions on goods quality.
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Veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals, which are imported for the first time and not on the list of veterinary drugs permitted for circulation in Vietnam, the lists of veterinary-use bioproducts, microorganisms, chemicals permitted for circulation in Vietnam, must be tested, assayed before being put on the such lists.
2. Organizations and individuals that import veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, raw materials for production of veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, which are not on the list of veterinary drugs permitted for circulation in Vietnam, the lists of veterinary-use bioproducts, microorganisms, chemicals permitted for circulation in Vietnam must satisfy the following conditions:
a) Being so permitted by the veteriary State management office of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries;
b) Having dossiers of application for import, which include the import application, the GMP certificates of the production establishments, the summary of the properties, effect, safety of the products, the analyzing card, the certificate of being permitted for production, circulation of the competent body of the manufacturing country;
c) The samples of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals must have adequate finished-product labels, intermediary labels, product packings, drug quantity for quality inspection by the agencies testing veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals.
3. In case of urgency where appear epidemics, the import of veterinary drugs and/or vaccines not on the list of veterinary drugs permitted for circulation in Vietnam shall be decided by the Minister of Agriculture and Rural Development or the Minister of Fisheries.
4. The export of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals shall comply with the provisions of Vietnamese law and the requirements of the importing countries.
Veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals, when being circulated or used, must have labels. The labeling of veterinary drugs, veterinary-use bioproducts, microoganisms or chemicals must comply with law provisions; the labels must bear the inscription "For veterinary use only."
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1. The handling of veterinary drugs is stipulated as follows:
a) The to be- destroyed veterinary drugs include those on the list of veterinary drugs banned from circulation in Vietnam, veterinary drugs not on the lists of those permitted for circulation in Vietnam; fake veterinary drugs, veterinary drugs with unidentified origins, expired veterinary drugs.
The destruction of veterinary drugs shall comply with law provisions and must be supervised and certified by competent veterinary State management bodies, environmental protection offices, local administrations and other revelant agencies;
b) The imported veterinary drugs, which must be returned to their places of origin, include veterinary drugs not on the lists of those permitted for circulation in Vietnam, veterinary drugs having no labels or having labels which contravene Vietnam's law provisions, poor-quality veterinary drugs;
c) Veterinary drugs on the lists of those permitted for circulation in Vietnam, which are being circulated on the market but fail to ensure their registered quality standards, shall be suspended from circulation and handled according to law provisions.
2. The handling of veterinary-use bioproducts, microorganisms, chemicals is stipulated as follows:
a) The to be-destroyed veterinary-use bioproducts, microorganisms, chemicals include those on the lists of goods banned from use in Vietnam; those not on the lists of veterinary-use bioproducts, microorganisms, chemicals permitted for circulation in Vietnam; microorganisms, bioproducts, chemicals, which are fake, unidentified in origin or expired.
The destruction of veterinary-use bioproducts, microorganisms and chemicals shall comply with law provisions and must be supervised and certified by competent veterinary bodies, environmental protection offices, local administration and other relevant agencies;
b) The imported veterinary-use bioproducts, microorganisms, chemicals, which must be returned to their places of origin, include those not on the lists of veterinary-use bioproducts, microorganisms, chemicals permitted for circulation in Vietnam; veterinary-use bioproducts, microorganisms, chemicals having no labels or having labels which contravene Vietnam's law provisions;
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3. Organizations or individuals whose veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals are handled shall have to bear the costs of handling according to law provisions.
1. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries have the responsibility:
a) To promulgate lists of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are banned from import;
b) To promulgate lists of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are banned or restricted from use in Vietnam;
c) To promulgate lists of veterinary drugs permitted for circulation in Vietnam, the lists of veterinary-use bioproducts, microorganisms and chemicals, which are permitted for circulation in Vietnam;
d) To stipulate the research into, testing, experimentation, assay and procedures for circulation registration of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals, which are not on the lists of those permitted for circulation in Vietnam;
e) To manage, guide and inspect the implementation of law provisions on conditions for production, trading, import and circulation of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals.
2. The State management veterinary agencies of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries have the responsibility:
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b) To check and inspect the conditions of establishments producing veterinary drugs, veterinary-use bioproducts, microorganisms or chemicals; to guide the destruction of veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals in strict accordance with the technological process in order to ensure environmental hygiene and human health; to handle veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals, which are counterfeited, of poor quality, banned from use, not on the lists of those permitted for circulation in Vietnam as provided for in Article 50 of this Ordinance and the legislation on environmental protection.
3. The People's Committees of all levels have the responsibility to direct the relevant agencies in their respective localities in coordinated implementation of the regulations on manage-ment of the production, trading of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals; to handle violations related to the trading in veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals according to law provisions.
4. The provincial-level State management veterinary bodies have the responsibility:
a) To organize professional and law training and fosterings for subjects dealing in veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals; to grant veterinary practice certificates;
b) To examine and inspect the conditions of establishments dealing in veterinary drugs, veterinary-use bioproducts, microorganisms and/or chemicals; to guide the destruction of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals in strict accordance with the technological process in order to ensure environmental hygiene and human health; to handle veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals , which are counterfeited, banned from use, not on the lists of those permitted for circulation in Vietnam as provided for in Article 50 of this Ordinance and the legislation on environmental protection.
5. Organizations and individuals producing and/or dealing in veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals must ensure the registered quality standards and bear responsibility before law for the quality standards of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals they have produced and/or traded in.
Article 52.- Scope of veterinary practice
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2. Surgeries on animals.
3. Production of veterinary drugs, veterinary-use bioproducts, microorganisms and chemicals.
4. Trading in veterinary drugs, veterinary-use bioproducts, microorganism and chemicals.
5. Testing, assay, experimentation of veterinary drugs, veterinary-use bioproducts, microorganisms, chemicals.
6. Other consultancy and service activities related to veterinary work.
Article 53.- Conditions for veterinary practitioners
1. Possessing diplomas suitable to the professional practice.
2. Possessing practice certificates granted by competent State management veterinary bodies.
3. Having veterinary means, equipment, instruments suitable to registered forms of professional practice.
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5. Having professional ethics.
Article 54.- Competence and procedures for granting veterinary practice certificates
1. The State management veterinary agencies of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall have to examine the conditions and grant veterinary practice certificates to individuals conducting the veterinary practice prescribed in Clauses 3, 4 and 5, Article 52 of this Ordinance.
2. The provincial-level State management veterinary bodies shall have to examine the conditions and grant veterinary practice certificates to individuals conducting the veterinary practice prescribed in Clauses 1, 2, 4 and 6, Article 52 of this Ordinance.
3. The persons applying for veterinary practice certificates send their dossiers to the competent veterinary agencies. Such a dossier shall include:
a) The application for veterinary practice certificate;
b) The copies of professional diplomas, certificates;
c) The curriculum vitae;
d) The health certificate.
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INSPECTION, SETTLEMENT OF DISPUTES
Article 55.- Veterinary inspectorate
The veterinary inspectorate is the specialized veterinary inspectorate.
The organization and operation of the specialized veterinary inspectorate shall comply with law provisions on inspection.
Article 56.- Settlement of disputes
Veterinary disputes are settled according to law provisions.
Article 57.- Implementation effect
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This Ordinance replaces the February 4, 1993 Ordinance on Veterinary Medicine.
Article 58.- Implementation guidance
The Government shall detail and guide the implementation of this Ordinance.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An
- 1Decree No. 119/2013/ND-CP of October 09, 2013, on sanctioning of administrative violations in the domains of veterinary medicine, livestock breeds, and livestock feeds
- 2Circular No. 41/2010/TT-BNNPTNT of July 05, 2010, providing for veterinary hygiene inspection and certification for fishery production and trading establishments
- 3Circular No. 03/2009/TT-BNN of January 14, 2009, on labeling veterinary drugs.
- 4Decree No. 119/2008/ND-CP of November 28, 2008, amending and supplementing a number of articles of the Governments Decree No. 33/2005/ND-CP of March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Animal Health.
- 5Decision No. 98/2007/QD-BNN of December 3, 2007, supplementing and amending the Agriculture and Rural Development Ministers Decision No. 71/2007/QD-BNN of August 6, 2007. promulgating the order of and procedures for testing and assay of veterinary drugs.
- 6Decree No. 33/2005/ND-CP of March, 15, 2005, detailing the implementation of a number of articles of the Ordinance on veterinary medicine
- 7Resolution no. 51/2001/NQ-QH10 of December 25, 2001 on amendments and supplements to a number of articles of the 1992 constitution of the socialist republic of Vietnam
- 81992 Constitution of the Socialist Republic of Vietnam
Ordinance No. 18/2004/PL-UBTVQH11 of April 29, 2004 on veterinary medicine
- Số hiệu: 18/2004/PL-UBTVQH11
- Loại văn bản: Pháp lệnh
- Ngày ban hành: 29/04/2004
- Nơi ban hành: Uỷ ban Thường vụ Quốc hội
- Người ký: Nguyễn Văn An
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra