Decision No. 147/2008/QD-TTg approving the National Action Plan on acceleration of the implementation of commitments under the Agreement on the Application of Sanitary and Phytosanitary Measures in performing the WTO member obligations

Issue nos07-D9/November 2008 (Cong Baono 61 ((November :m, :t.OO8) 75 THE PRIME MINISTER DECISION No. 147/2008/QD-TTg OF NOVEMBER 17, 2008, APPROVING THE NATIONAL ACTION PLAN ON ACCELERATION OF THE IMPLE­ MENTATION OF COMMITMENTS UNDER THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES IN PERFORMING THE WTO MEMBER OBLIGATIONS THE PRIME MINISTER Pursuant to the December 25, 2001 Law 011 Organization ofthe Government; At the proposal ofthe Minister ofAgriculture and Rural Development, DECIDES: Article 1.- To approve the NationalAction Plan on acceleration of the implementation of commitments under the Agreement on the Application of Sanitary and Phytosanitary Mp.1<:1lrPS (the SPS AgrPf"ment) in performing the obligations of a member of the World Trade Organization (WTO) with the following contents: following objecti yes: 1. Comprehensively implementing the SPS Agreement according to the commitments made by Vietnam upon its accession to the \\lTD; 2. Minimizing negative effects while tapping to the utmost the advantages of Vienam's WTO membership regarding its agriculture, forestry, fisheries and food processing industry; '1. A ssuring fond hygipne and <>::lfpty for domestic and foreign consumers through the supply of agricultural products and foods which are of good quality and free of toxic chemicals and harmful microorganisms; 4. Further promoting the commercialization of agricultural, forest and aquatic products and processed foods, improving the competitiveness and marketability ofYietnamese products on the international market; 5. Protecting domestic agricultural production, forestry and fisheries from pests and diseases borne by imported products, and protecting the ecological environment and the diversity offauna and flam resources in Vietnam. II. CONTENTS AND SOLUTIONS 1. Contents of implementation of the commitments in the WTOISPS Agreement: atEnhancement of institutions: I. OBJECTIVES - Perfecting the system of legal documents to conform to international regulations and practice: To create a substantial progress in raising the revising current guiding documents and capacity of state management agencies for the elaborating and promulgating new ones; e VIETNAM LAW & LEGAL FORUM Issue nos 07·09lNovember 2008 (Gong BaD no 6171November 28,2008) Elaborating technical regulations on good cultivation, animal husbandry and aquaculture practices according to regional and international standards, assuring safety of the food chain: Elaborating technical regulations on fertilizers, pesticides and animal feed (including aquaticanimal feed)asper international standards and recommendations assuring hygif'nf' and safety in agricultural production and fisheries; Elaborating legal documents and technical regulations on bio-safcty in food production, processing and preservation, cultivation and animal husbandry; Promulgating regulations on coordination between different authorities and branches in investigation, notification and coordinated prevention and eradication of animal and plaru diseaseson theprincipleofproactivesurveillance; Mobilizing all social strata to take part in the workof animalhealthandfoodhygieneandsafety surveillance; Perfectingtheorganization of andregulations on control, inspection and certification of food safetyfor agricultural, forestandaquaticproducts, fresh and processed foods. bl Building of the capacity of SPS personnel Workingoutplans ondevelopmentof human resources with scientific knowledge and skills meeting requirements of international integration inthe control, inspectionand surveillanceof food hygiene and safety andsanitary and phytosanitary protection; Building the capacity of personnel of the National SPS Enquiry Office awl technical assistancepointsbased inministriesand branches in order to meet requirements of transparency of SPS information; Training full-time personnel to be professionally qualified antI h ave a good command of foreign languages to lake charge of food hygiene and safety, animal health or plant protection and possess skills of solving trade­ related SPS problems; Building the capacity of personnel engaged in the assessment of risks of food hygiene and safety and animal or plant diseases, and in the diagnosi s, inspection and surveillance ofchemical and antibiotic residues and diseases. cl In tensi fication of information and propaganda activities Disseminating the SPS Agreement and the importance of compliance with theAgreement's provisionsin trade among all branches,levelsand concerned organizations, especially business associations, enterprises and production units; Disseminating information to raise the awareness of agricultural product and food processing unitsand enterprisesabout bad effects caused by violations of SPS regulations on consumer healthand reputationof products in the domestic and export markets; Building a database on SPS pmrecrion of Vietnam and its trade partners; adding and updating information on the SPS Portal of Vietnam: printing use manuals: Disseminating among,and trainingin raising the capacity of, technicians and farmers typical models of application of Good Agricultural V1ETNAM LAW & LEGAL FORUM Issue nos 07-o9/November 2008 (Gong BaDno 617/November 28,2008) 77 Practices (GAPs), Good Animal Husbandry Practice (GAHP) and Good Farming Practices (GFPs), Good Manufacturing Practice (GMP) and Hazard Analysis and Critical Control Point (HACCP). skills of identifying diseases and principal measures for disease prevention and control in the domain of animal health, aquatic products and plant protection (training, building of demonstration models, editing and printing of technical documents, setting up of an online information system and, recording on CDs a database on methods of investigation, identification and basic biological and ecological characteristics of diseases and methods of prevention and control); Popularizing knowledge about technologies for post-harvest processing and preservation of agricultural, forest and aquatic products to ensure food safety among food producers, processors and traders; Establishing, applying and exploiting a network of information, propaganda and community education about food hygiene and safety and prevention and control of animal and plant diseases. d/ Expansion ofmarkets for agricultural, forest and aquatic products Surveying markets and studying technical regulations of foreign countries in order to mise the processing rate and the value of agricultural, forest and aquatic products, fresh food products or food products processed for export; Formulating a trade promotion assistance program compliant with \VTO regulations (the Agreement on Agriculture); Improving enterprises' awareness about the implementation of commitments in the SPS Agreement, the observance ofSPS regulations of Vietnam's foreign trade partners and methods of settlement of SPS-related trade issues; Building integrated supply chain models for a number of exportagricultural productsaccording to internationally accredited technical processes (GLOBALGAP, trade fairness and internationally accredited private certificauon standards). 2. Solutions for fulfilling the obligations under the WTO/SPS Agreement aJ Ensuring scientificity Establishing systems to control risks offood contamination and food-borne diseases. Anticipating and forecasting the possibility of contamination of major food products for each year. Consolidating the system of information, propaganda and reporting on food poisonings and food-borne diseases; Establishing a national system for quick warning of food hygiene and safety connected to the food hygiene and safety 1]11id, warning systems of the Association of Southeast Asian Nations (ASEAN) and the European Union (ED); Establishing 11 network and organizing a national program for anticipation and forecast of animal and plant diseases and pests and propose appropriate prevention and control measures to minimize production damage, which are based on ecological and geographical conditions and prioritize some key plants and animals; e VIETNAM LAW & LEGAL FORUM 78 y: .: CiA i GA~:E" vc Issue nos 07-o91November 2008 (Gong BaD no 617/November 28, 20(8) Formulating programs to prevent the entry of Infectious Hypodermal and Hematopoietic Necrosis Virus (IHHNV), Taura Syndrome Virus (TSV) and Necrotizing Hepatopancreatitis Bacterium (NHPB) on shrimps, and completely eradicate viruses causing white spot syndrome and yellow head disease on shrimps and red spot syndrome on catfishes; Conducting capacity building training for personnel engaged in the diagnosis, inspection and control of food hygiene and safety, analysis and diagnosis ofanimal and plant diseases; raising the capacity ofequipment and personnel of regional animal and plant quarantine stations, and at seaports, aiIports and border gates; Studying approaches to post-harvest processing of vegetables and fruits for export in conformity with the SPS Agreement. bl Establishing and harmonizing Vietnam's food hygiene and safety and sanuary and phytosanitary standards with those of the CODEX Alimentarius (CODEX), the International Office of Epizoorics (OIE) and the International Plam Protection Convention (IPPe). Revising existing food standards and promulgating new ones conformable to the standards, instructions and reconunendations of the CODEX. Identifying resources for active participation in activities of the COUJ::<:X Alimentarius Commission; Revising existing standards and technical regulations on sanitary measures (for terrestrial, amphibious and aquaticanimals) and promulgating new ones conformable to CODEX and OlE standards, instructions and recommendations and the OlE. Identifying resources for active participation in activities of the CODEX Alimentarius Commission; Revising existing standards and technical regulations on phytos;Jnit:uy mp}]<;l1H"<; and elaborating and promulgating new ones conformable to IPPC standards, instructions and recommendations: identifying resources for active participation in IPPC activities. Elaborating a scheme on "single standard" for products for export or domestic consumption. d Ensuring equivalence Assessing the actual conditions of. upgrading and building key branch testing laboratories under ISOIIEC 17025 standard. Ministries shall propose projects on building or upgrading specialized testing laboratories to the Prime Minister for approval; Drafting a regulation on assessment and recognition of equivalence of Vietnam's SPS measures to those of other WTO members in the region and the world; Negotiating for the formulation of bilateral agreements on inspection, control and certification of food hygiene and safety dud sanitary and phytosanitary measures; Elaborating and promulgating a regulation on management at domestic and foreign organizations conducting inspection, control and certification offood hygiene and safely standards; Organizing the application of Good Agricultural Practices (GAPs), Good Animal Husbandry Practice (GAHP) and Good Fanning Practices (GFPs), Good Manufacturing Practice • © VIETNAM LAW & LEGAL FORUM . Issue nos 07-09/November 2008 (Cong Bao no 617/November 28, 2008) 79 (GMP) and Hazard Analysis and Critical Control Point (l-IACCP), allan the principle ofcontrol of product quality from farms to dining tables; Providing training in the management of production and supply ofcattle dud PUU1l1 y J ucat to meet the foodhygiene andsafetyrequirements of developed countries; Providing training in the management of production and supply of fishery and aquatic products to meet the food hygience and safety requirrnents ofdeveloped countlies; Providing training in the application of processes of production and supply of fresh vegetables and fruits to meet the food hygiene and safety requirements of developed countries; Heightening the role of commodity associations in elaborating and enforcing separate standards, inspecting and controfling the application of standards in order to ensure food quality, hygiene and safety; Promoting operations of agricultural cooperatives, cooperative groups and organizations of farmers in making farmers aware of the production of safe and high-quality foods and, at the same time, strengthening the link between producers and trading or processing establishments in order to stabilize product prices on the basis of covering production costs, bringing about profits to farmers and satisfying increasing market demand. dJAnalysis of epidemic and disease risks Analyzing and assessing risks from imports, applying internationally accredited standard methods lu di agnose a ud i de uti Iy fuud contamination risks caused by chemicals and microorganisms; Formulating a program on analysis and assessment of food contamination risks. Conducting capacity building tralnlng for analysts and assessors of biological, chemical and micro­ biological contamination offoods; Formulating a program on analysis and assessment of risks ofaquatic productepidemics and diseases. Conducting capacity building training for analysts and assessors of risks of aquatic product epidemics and diseases; Formulating a program on analysis and assessment of risks of animal epidemics and diseases. Conducting capacity building training for analysts and assessors of risks of animal epidemics and diseases; Formulating a program on analysis and assessment of risks of plant pests and diseases. Conducting capacity building training for analysts and assessors of risks ofplant pests and diseases; R ni~ing thp l'::lp::ll'ity to assess and control plant pests and diseases toward minimizing adverse impacts on the environment and human health; Formulating a national key program to accelerate research and production of vaccines against animal diseuses (hypotoxic vaccines and recombinant vaccines) and biological preparations for plant protection activities (useful viruses, bacteria, rungi, insects, etc.), Formulating a program on analysis of epidemic and disease risks from imported iudustrial plant varieties, animal breeds and e VIETNAM LAW &LEGAL FORUM 80 microorganism strains; Raisingthe capacttyofmanagement agencies and the awareness of managerial personnel through risk assessment before formulating <tl-'l-JI U~Jl iate policies Ull I isk ruauagerueut; Establishing a system specializing in the assessment of viruses and bacteria causing food contaminationandanimal diseases, and working out plans on cooperationwi th foreignassessment centers; Conducting training to raise the capacity of diagnosis and assessmentof insects, weeds, plant and animal diseases, focusing on the application of Quick and modern diagnosis techniques; Compiling trainingmaterialsand introducing training inrisk analysis and assessment for food hygiene and safety, animal health and plant protection into the teaching programs of specialized universities; Restoring and building museums of specimensof weeds,pestsanddiseaseson animals and plants at specialized research institutions to serve their research and training activities; In emergencycircumstancesandwitha view to minimizing bad human health and socio­ economic effects, functional management agencies shall set up taskforce teams (with the participation of theVietnamSPS Office) to assist the analysis and assessment of risks of spread of chemicals, microorganisms, bio-toxins and products of genetically modified plants in order to devise SPS measures; Studyingand proposingtaxesorfees onplant protection drugs in order to partially cover heall.hcare and environmental protectionexpenses Issue nos 07-09lNovember 2008 (Cong Sao no617/Novemoor 28,2008) incurred due to the use of these drugs; Researchingand applying new technologies to the inspection and assessment of food contamination levels; Campilingtrammgmaterialsand mtroducing training of specialized food hygiene and safety inspectors into tertiaryeducation programs; Enhancing the management capacity of national assessment laboratories and assessment centers of specialized research institutes; Informing management agenciesat all levels of Good Agricultural Practices (GAPs), Good Animal Husbandry Practice (GAHP) and Good Farming Practices (GFPs) in order to raise their inspection, surveillanceandcertificationcapacity; Building the Center for assessment of risks of plant epidemics and diseases into a general training center to assist the protection of plant health; Conducting risk analyses and feasibility studies in order to establish disease-free areas which are free of some typical pests and diseases in cultivation, husbandry and aquaculture; Raising the capacity to analyze and assess risks of genetically modified plants in order to effectively controlgenetically modifiedplantsand their products in Vietnam; Furnishing modern diagnosis equipment (high-definitionimage systems) thatcan transmit images of pests and diseases through the Internet between domestic central laboratories and quarantine centers; Expanding and consolidating the proactive surveillance system already established in some provincesandconcurrentlyintegratingthissystem IsSlre nos07.()9INovem!1er 2008 (Cullg BiJu IIU6f7/Novem/;I;;I 28, 2008) with theoperating infectiousdisease survei11 ance system, This SUl veill auce systciu should be expanded to all provinces and cities after organizing investigation skills training for surveillance officers; Formulatinga programon analysisof disease risks, safely and hygiene of animal feed. eIAdaptation to regionalconditions Supervising and establishing areas free of aquaticproductdiseases,and supervising animal health and plant protection activities; Establishing appropriate disease-free areas and areas of low pest or disease prevalence up to international standards as alternatives to post­ harvest treatingmethods; Establishing and maintaining a network for emergency response to food poisonings, human diseases,plant pests and animal diseases; Formulating a strategy on vaccination against serious animaldiseases, such as foot-and-mouth disease,classicalpig cholera,pigblue-eardisease and bird flu. ff Transparency Building the capacity of the Vietnam SPS Office and technical assistance pointsat ministries and branches; Developing a database on Vietnam's SPS measures and uploading it on the SPS portal in Vietnameseand English; Working out plans on and actively participating in conferences, workshops, formal and informalmeetings on SPS transparencyheld by the \VTOISPS Committee. g/ Control, inspection andapproval procedures 81 Formulating a mechanism for management and survelllance uf risks uf food coutamiuatiou, plant pests and animal diseases based on inter­ national standards approvedby relevantparties; Elaborating a general regulationon control, inspection and cerification of food hygiene and safety and sanitaryand phytosanitarymeasures; Formulating a mechanism for management of imported and exported agricultural products and foods on the principle of mutualrecognition; Conducting analysis of risks andpossibility of cross-border transmission of diseases, and formulating a mechanism for disease control cooperation with other countries, especially borderingcountries. 3. Funds for Implernentation The Agriculture and Rural Development Ministry shall, in pursuance to the State Budget Law,coordinatewiththePlanningandInvestment Ministryand theFinanceMinistryin workingout plans and funding estimates for the implemen­ tationof theNationalActionPlan foracceleration of theimplementation ofcommit-ments underthe Agreement on the Application of Sanitary and PhytosanitaryMeasures in performing theWTO memberobligations. Funds forperformingactivities setforth inthis Action Plan will come from the state, budget source for capital construction, investments in scientific and technological equipment and facilities, funds for annual regular operations of ministriesand branches, and financial assistance of international organizations and donors through bilateral andmultilateralcooperation, investment, 82 Issue nos 07-o9INovember 2008 (Gong8ao no6i7!November28, 2008) non-refundable aid and technical assistance projects. Article 2.- Organization of implementation I. Based on the major contents of the Action Plan and the functions and tasks oftheir respective ministries or branches, concerned ministers shall personally direct and assign tasks to their relevant functional units to concretize activities set forth in the Action Program and allocate annual funds for implementation. For activities not required to be carried out under schemes, programs or projects, they should be immediately carried out to meet practical needsand ensure the effective fulfillment ofcommitments. 2. TIll: Ministers of Aglil,;ulLule and Rural Development; Health; Industry and Trade; and Science and Technology shall, on the basis oftheir functions and assigned tasks, monitor and urge the implementation of the Action Plan and periodically report it to the Prime Minister so as to ensure that the contents and solutions specified in the Action Plan are materialized in a coordinated and effective manner. Article 3,- This Decision takes effect 15 days after its publication in "CONG BAD." Article 4.- Ministers, heads ofrninisterial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement trus Decision. Prime Minister NGUYENTANDUNG o VIETNAM LAW &LEGAL FORUM