Decree No. 116/2025/ND-CP on policies on support for remediation of animal disease epidemic

THE GOVERNMENT OF VIETNAM ------- SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- No. 116/2025/ND-CP Hanoi, June 05, 2025 DECREE POLICIES ON SUPPORT FOR REMEDIATION OF ANIMAL DISEASE EPIDEMIC Pursuant to the Law on Government Organization dated February 18, 2025; Pursuant to the Law on Local Government Organization dated February 19, 2025; Pursuant to the Law on Animal Health dated June 19, 2015; Pursuant to the Law on State Budget dated June 25, 2015; Pursuant to the Law on Aquaculture dated November 21, 2017; Pursuant to the Law on Husbandry dated November 19, 2018; At request of the Minister of Agriculture and Environment; The Government promulgates Decree on policies on support for remediation of animal disease epidemic. Chapter I GENERAL PROVISIONS Article 1. Scope 1. This Decree prescribes the policies on support for: a) Manufacturing facilities of which animals and animal products must be destroyed as a result of animal disease epidemic mentioned under list of animal diseases to be declared epidemic or list of zoonotic diseases or as a result of new infectious pathogens within Vietnamese territory determined in accordance with regulations of the law. b) Participants of animal disease epidemic remediation efforts. 2. Animal disease epidemic prevention and control measures shall conform to husbandry and animal health laws. Article 2. Regulated entities This Decree applies to: 1. Manufacturing facilities under Clause 1 Article 3 hereof. 2. Participants of remediation efforts of animal disease epidemic under Clause 2 Article 3 hereof. 3. Agencies, entities, and individuals related to the implementation of this Decree. Article 3. Definitions In this Decree, terms below are construed as follows: 1. Manufacturing facilities are individuals, households, artels, cooperatives, joint cooperatives, agencies, entities within people’s armed forces (excluding enterprises within people’s armed forces) that engage in husbandry, aquaculture, fisheries breed production and nursing. 2. Participants of remediation efforts of animal disease epidemic are individuals engaging in prevention and control efforts of an animal disease or diseases under Clause 1 Article 1 hereof in accordance with assignment or mobilization of competent agencies and entities on the basis of characteristics and scale of epidemics and: a) recording statistics; verifying damage caused by animal disease epidemic; and/or b) handling epidemic cluster; sampling; performing surgical examination, diagnosis of animal diseases; investigating, verifying animal diseases; capturing, storing, transporting, and disposing animals, animal diseases; and/or c) inoculating, sanitizing, detoxifying, disinfecting for the purpose of preventing and controlling animal disease epidemic; and/or d) stationing, guarding, guarding animal disease epidemic control posts. Article 4. Support principles 1. The Government shall provide partial support for damage caused by animal disease epidemic but shall not compensate for such damage. 2. Support shall be provided on a public, transparent, timely manner to the right beneficiaries under the right eligibility, with the right rates, in accordance with practical conditions of local government and in a way that prevents exploitation of policies, vices, and wastes. 3. Where manufacturing facilities and participants of animal disease epidemic remediation efforts qualify for multiple support tiers in the same category according to this Decree and other relevant law provisions, the highest tiers shall apply. Chapter II POLICIES AND PROCEDURES FOR PROVIDING SUPPORT FOR REMEDIATION OF ANIMAL DISEASE EPIDEMIC Article 5. Eligibility for support 1. Manufacturing facilities are in possession of animals and animal products that must be destroyed as a result of animal disease epidemic under Clause 1 Article 1 hereof and: a) Where epidemic has been declared: Animals and animal products that must be destroyed as per the law in areas affected by epidemic, threatened by epidemic, and buffer zones; b) Where requirements for epidemic declaration have not been met: Animals and animal products in the initial epidemic cluster where positive test results to any disease under list of animal diseases to be declared epidemic or list of zoonotic diseases are produced or animals in subsequent epidemic cluster in the same commune-level administrative divisions (in accordance with regulations of the law on local government organization) that are declared infected with or suspected of being infected with diseases that are positive in the initial epidemic clusters by competent authorities; c) Where new diseases appear in Vietnamese territory and requirements for epidemic declaration have not been met: Competent authorities according to animal health issue documents confirming new infectious disease pathogens. 2. Participants in remediation efforts of animal disease epidemic shall be in possession of written assignment or mobilization issued by competent state authorities and entities. Article 6. Rate of support provided for manufacturing facilities 1. In respect of manufacturing facilities involving terrestrial animals: a) Buffalos, cows, horses, goats: 50.000 VND/kg of live weight; b) Sheep, sika deer: 55.000 VND/kg of live weight; c) Pigs: 40.000 VND/kg of live weight; d) Chickens, ducks, gooses, doves: 35.000 VND/kg of live weight; dd) Quails: 20.000 VND/kg of live weight; e) Ostriches: 50.000 VND/kg of live weight; g) Poultry eggs (chickens, ducks, gooses, doves, quails, ostriches): 20.000 VND/kg. 2. In respect of aquaculture facilities: a) Seed lobster: 10.000 VND/individual; b) Seed shrimp (whiteleg shrimps, giant tiger prawns) from post-larvae 12 stage or later: 10.000.000 VND/1 million individuals; c) Seed fish (marine fish, pangasius fish, conventional fish, tilapias, cold-water fish): 10.000 VND/kg; d) Area for extensive farming of giant tiger prawns (rice-shrimp farming, eco-shrimp farming, integrated mangrove-shrimp farming, combined shrimp farming): 9.000.000 VND/ha; dd) Area for giant tiger prawn farming (semi-intensive farming, intensive farming): 12.000.000 VND/ha; e) Area of whiteleg shrimp farming: 20.000.000 VND/ha (density between 50 - 100 individuals/m2); 30.000.000 VND/ha (density between exceeding 100 - 250 individual/m2); 50.000.000 VND/ha (density upwards from exceeding 250 individuals/m2); g) Area of traditional fish, native fish farming: 10.000.000 VND/ha; h) Area of intensive pangasius fish farming: 50.000.000 VND/ha; i) Area of intensive tilapias farming: 30.000.000 VND/ha; k) Cold-water fish (sturgeons, salmons) of intensive farming: 20.000 VND/kg; l) Freshwater fisheries in flotation farms: 5.000 VND/kg; m) Seafood in flotation farms: 10.000 VND/kg. Article 7. Rate of support provided for participants in remediation efforts of animal disease epidemic 1. Individuals whose salaries are not paid by state budget, while participating in animal disease epidemic prevention and control under mobilization, shall be eligible for: 400.000 VND/person/day for working days; 500.000 VND/person/day in holidays, non-working days, new year. 2. Individuals whose salaries are paid by state budget, while participating in animal disease epidemic prevention and control under assignment or mobilization, shall be eligible for: 150.000 VND/person/day for working days; 300.000 VND/person/day in holidays, non-working days, new year. Article 8. Funding sources for implementation, principles of providing support from central government budget for local government budget 1. Funding sources for implementation: a) State budget, consisting of: central government budget and local government budget; b) Contributions, donations of domestic, foreign organizations and individuals, international organizations, and other legitimate funding sources as per the law. 2. Principles of support provided from central government budget to local government budget a) In respect of local governments that receive additional funding from central government budget, funding provided by central government budget for implementation of policies under Article 6 and Clause 1 Article 7 hereof shall be determined by the ratio between additional funding and total expenditure made by local government budget, in which the funding equals to: 80% of funding provided state budget for administrative divisions of which ratio is 50% or higher; 60% of funding provided state budget for administrative divisions of which ratio is 30% to less than 50%; 30% of funding provided state budget for administrative divisions of which ratio is less than 30%; b) In respect of local governments that do not receive adequate funding from central government budget, local government budget shall provide funding for policy implementation; c) Percentages under Point a and Point b of this Clause shall be determined by annual state budget revenue and expenditure estimates decided by the National Assembly; d) Where local resources such as contributions, donations, other legitimate funding sources under Point b Clause 1 of this Article, 50% of local government budget estimates allocated by the Prime Minister at the beginning of the year, 70% of opening balance of provincial reserved fund without satisfying portion secured by local government according to Point a and Point b of this Clause, central government budget shall cover the differences to enable local government budget to implement. 3. Other regulations a) Where total expenditure for supporting damage and supporting participants in remediation efforts of animal disease epidemic under Clause 1 Article 7 hereof in the year is less than 1 billion VND/year: local governments of provinces and central- affiliated cities shall utilize local government budget instead of requesting funding from central government budget; b) Mobilization, use, settlement of funding provided by sources under Point b Clause 1 of this Article shall conform to regulations of the law; c) Agencies and entities assigning, mobilizing other people to participate in remediation efforts of animal disease epidemic under Clause 2 Article 7 hereof shall utilize estimates provided by competent authorities to support their personnel who participate in remediation efforts of animal disease epidemic. d) Central government budget shall provide funding for agencies, entities affiliated to people’s armed forces (excluding enterprises affiliated to people’s armed forces) that engage in husbandry, aquaculture, production and nursing of fisheries breeds damaged by animal disease epidemic in accordance with rates specified under this Decree. Article 9. Procedures for supporting manufacturing facilities damaged by animal disease epidemic 1. Procedures for providing support for manufacturing facilities damaged by animal disease epidemic other than cases detailed under Clause 2 of this Article: a) Upon destroying animals and animal products under Clause 1 Article 5 hereof, commune-level People’s Committees of administrative divisions where manufacturing facilities are located shall file Form No. 1a for terrestrial animals or terrestrial animal products or Form No. 1b for fisheries under Appendix attached hereto. b) Within 30 days from the date on which animal and animal product destruction process at epidemic cluster ends, manufacturing facilities shall submit request to commune-level People’s Committees in person or online or via post service. c) Document composition: Form No. 2a, Form No. 2b under Appendix attached hereto. In case of submission in person or via post service, the documents shall consist of original copies. In case of online submission, regulations under Decree No. 45/2020/ND- CP dated April 8, 2020 of the Government shall prevail. d) Document reception In case of in-person submission: Upon receiving the documents, commune-level People’s Committees shall review, examine adequacy and legitimacy of the documents; where the documents are inadequate, commune-level People‘s Committees shall provide guidelines on revision. In case of submission via post service: Within 3 working days from the date on which commune-level People’s Committees receive the documents, commune-level People’s Committees shall review and examine adequacy, legitimacy of the documents; where the documents are inadequate, commune-level People‘s Committees shall provide guidelines on revision. In case of online submission: Within 1 working day from the date on which commune- level People’s Committees receive the documents, commune-level People’s Committees shall examine and issue notice on reception or amendment requirement. dd) Inspection of eligibility, documents, and public posting of inspection results Commune-level People’s Committees shall establish inspection teams. Inspection teams shall consist of at least 5 members one of which is designated by representatives of commune-level People’s Committees to act as leader; On a monthly basis, inspection teams shall arrange at least one inspection per application submitted in the month. Inspection process shall not take more than 7 days. Inspection teams shall inspect support eligibility in accordance with Clause 1 Article 5 hereof; Within 3 days from the date on which inspection process ends, commune-level People’s Committees shall publicly post list of manufacturing facilities damaged by animal disease epidemic using Form No. 3a in case of terrestrial animals and Form No. 3b in case of fisheries under Appendix attached hereto at headquarters of commune-level People’s Committees of administrative divisions where manufacturing facilities are located and announce via commune-level media. The aforementioned public posting shall take place for 5 days. Commune-level People’s Committees shall inform applicants of inadequate applications in writing; Where applicants file complaints or feedback within the duration of public posting, commune-level People’s Committees shall, within 5 days from the date on which duration of public posting ends, respond in writing to provide reasons; Within 10 days from the date on which duration of public posting ends, commune-level People’s Committees shall draft support dossiers, issue Form No. 4a under Appendix attached hereto. Support dossiers consist of: Application filed by organizations, individuals; spreadsheet filed by manufacturing facilities damaged by animal disease epidemic using Form No. 3a in case of terrestrial animals and Form No. 3b in case of fisheries under Appendix attached hereto; Commune-level People’s Committees shall provide financial support for eligible applicants. In case of insufficient funding, commune-level People’s Committees shall request provincial People’s Committees to provide additional funding as per the law. e) In respect of provinces and central-affiliated cities of which local governments are eligible for support provided by central government budget in order to support manufacturing facilities, on the basis of results of expenditure sourced from state budget in administrative divisions (verified by State Treasury), provincial People’s Committees shall submit written request for additional funding for local government budget to Ministry of Finance, Ministry of Agriculture and Environment. 2. Assign the Ministry of National Defense and Ministry of Public Security to prescribe detail procedures for providing support for agencies and entities damaged by animal disease epidemic and affiliated to people’s armed forces within their jurisdiction. Article 10. Procedures for supporting participants in remediation efforts of animal disease epidemic 1. In respect of participants in remediation efforts of animal disease epidemic whose salaries are not paid by state budget: On the basis of documents mobilizing participants in remediation efforts of animal disease epidemic and timesheet, commune-level People’s Committees shall consolidate support funding suing Form No. 3c and issue decision on support using Form No. 4b under Appendix attached hereto on a monthly basis. 2. In respect of participants in remediation efforts of animal disease epidemic whose salaries are paid by state budget: Agencies and entities shall, within their assignment, pay participants in remediation efforts of animal disease epidemic in accordance with Point c Clause 3 Article 8 hereof and other relevant law provisions. Chapter III ORGANIZING IMPLEMENTATION Article 11. Responsibilities of central authorities 1. The Ministry of Agriculture and Environment shall: a) take charge and cooperate with the Ministry of Finance and relevant agencies in guiding, examining, inspecting, and supervising local government in implementation of this Decree; b) communicate this Decree to entities affected thereby; c) consolidate and produce reports on implementation and implementation results of this Decree. 2. The Ministry of Finance shall: a) rely on this Decree and reports on results of expenditure sourced from state budget filed by local governments (verified by State Treasury), allocate at their discretion or request competent authorities to allocate additional funding from annual central government budget provision to each local government in accordance with principles under Clause 2 Article 8 hereof; b) allocate at their discretion or request competent authorities to allocate additional funding for local government budget which equals 70% the expected support provided by central government budget to enable local governments to provide support policies for animal disease epidemic prevention and control where immediate resource allocation is required for animal disease epidemic prevention and control on the basis of request filed by provincial People's Committees. After local governments submit reports on results of expenditure sourced from state budget (verified by the State Treasury), the Ministry of Finance shall, at their discretion or by requesting competent authorities, allocate the required funding or recover the excess funding on the basis of support provided as per the law. 3. The Ministry of National Defense and the Ministry of Public Security shall: a) provide guidelines on procedures for providing support for agencies and entities affiliated to people’s armed forces; b) implement animal disease epidemic prevention and control as per the law. 4. The Committee of Vietnamese Fatherland Front of all levels shall take charge, cooperate with socio-political organizations and relevant agencies in supervising implementation of support policies for damage caused by animal disease epidemic under this Decree. 5. Ministries, ministerial agencies shall, within their functions and duties, implement animal disease epidemic prevention and control in accordance with this Decree. Article 12. Responsibilities of provincial People’s Committees 1. Take charge, implement, inspect, supervise, and evaluate implementation of policies under this Decree in their jurisdiction and produce periodic reports on implementation results as per the law. 2. Take charge, authorize local authorities to implement, consolidate demands, inspect documents, approve support funding, examine, and supervise policy implementation. 3. On the basis of budget balance, other legitimate funding sources, local production conditions and characteristics, local government organization laws, and state budget laws, provincial People’s Committees shall request People's Councils of the same level to decide: a) Support rate for animals and animal products not specified under Article 6 hereof; b) Support rate for animals and animal products under Article 6 hereof appropriate to practical conditions to a maximum of 1,5 times the support specified under this Decree; c) Support provided for small-sized and medium-sized enterprises in accordance with this Decree; d) Support for participants in remediation efforts of animal disease epidemic in their jurisdiction appropriate to local conditions and at most equivalent to double the support under Article 7 hereof. 4. Guarantee funding under Point a and Point c Clause 3 of this Article and additional funding relative to Article 6, Article 7 hereof, funding not supported by central government budget. 5. Consolidate reports, submit request for central government budget funding to the Ministry of Finance, Ministry of Agriculture and Environment, and assume responsibility for adequacy of reporting data. 6. Communicate this Decree to authorities of all levels, central departments of industries, organizations, and individuals engaging in husbandry and aquaculture in provinces. Direct commune-level People’s Committees to publicize policies and support rate on mass media and at hamlets, villages, neighborhoods and provide support directly for manufacturing facilities of which husbandry and/or aquaculture process is damaged. 7. Develop local animal disease epidemic prevention and control plan; approve and allocate funding, resources for implementation of the plan which prioritizes resources (fuel, materials, equipment, tools, security, mechanical equipment and machinery rent) for destroying, capturing, slaughtering diseased animals and animal products. 8. Submit written reports on implementation results at the end of each epidemic or at the end of each year to the Ministry of Agriculture and Environment, Ministry of Finance, and relevant ministries and agencies for consolidation and submission to the Prime Minister within their functions and duties. 9. Chairpersons of provincial People’s Committees shall be legally responsible to the Government and the Prime Minister for implementation, examination, supervision of support provided for animal disease epidemic prevention and control within their jurisdiction. Article 13. Responsibilities of beneficiaries receiving support from state budget 1. Manufacturing facilities shall provide adequate information and data at request of competent authorities and regulations of the law; assume legal responsibility for adequacy of information and documents submitted. 2. Participants in remediation efforts of animal disease epidemic have the responsibility to comply with requirements of assigning, mobilizing agencies, entities as per the law. Article 14. Transition clauses 1. In respect of documents requesting support for damage caused by animal disease epidemic received by competent authorities but not implemented before the effective date hereof, support shall be provided in accordance with Decree No. 02/2017/ND-CP dated January 9, 2017. 2. In respect of documents requesting support for animal disease epidemic prevention and control received by competent authorities but not implemented before the effective date hereof, support shall be provided in accordance with Decision No. 719/QD-TTg dated June 5, 2008 dated June 5, 2008 and Decision No. 1442/QD-TTg dated August 23, 2011 of the Prime Minister. 3. Principles of support provision from central government budget to local government budget in respect of damage caused by animal disease epidemic in accordance with Decree No. 02/2017/ND-CP dated January 9, 2017 shall remain in effect until December 31, 2025 inclusive. Article 15. Implementation 1. This Decree comes into force from July 25, 2025. 2. Clause 2 Article 8 hereof comes into force from January 1, 2026. 3. The following documents expire from the effective date hereof: a) Decree No. 02/2017/ND-CP dated January 9, 2017 of the Government. b) Decision No. 719/QD-TTg dated June 5, 2008 of the Prime Minister; c) Decision No. 1442/QD-TTg dated August 23, 2011 of the Prime Minister. 4. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree. ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Tran Hong Ha ------------------------------------------------------------------------------------------------------ This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed