Decree No. 119/2008/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 33/2005/ND-CP of 15 March 2005 detailing the implementation of a number of articles of the Ordinance on Animal Health

38 OFFICIAL GAZETTE Issue nos 01-Q2lDecember2008 (COng BaD nos 632-6351f)ecember 8, 2008) Part I. LEGAL DOCUMENTS THE GOVERNMENT DECREE No. 119/2008/ND-CP OF NOVEMBER 28, 2008, AMENDING AND SUPPLEMENTING A NUMBER OF ARTICL ES OF THE GOVERNMENT'S DECREE No. 33I2OO5/ND·CP OF MARCH 15, roos, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON ANIMAL REALm TIlE GOVERNl\1ENT PurSUJJIlt to the December 25, 2001 Law on Organization ofthe Government; Pursuant to theApril 29, 2004 Ordinance on Animal Health; At the proposalofthe MinisterofAgriculture and Rural Development, DECREES: Artide1.-Toamendandsupplementa number of articles of the Government's Decree No. 33/ 2005/ND-CP of March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Animal Health, as follows: 1.Article 30 is amended and supplemented as follows: "Article 30.- Declaration of quarantine of terrestrialanimals and products thereof 1.When transportingorcirculatingwithin the country terrestrialanimalsor animalproductson the list of animals and animal products subject to quarantine, goods owners shall declare and send quarantine dossiers,madeaccordingtoa setform, to provincial-level state ageucies ill charge uf animal health. The quarantine declaration is stipulatedas follows: aJ Makingdeclarationat leasttwodaysbefore transportation, if animalshave beensubjected to compulsory preventive measures under regulations andstillstayimmune;between15and 30 days in advance, if animals have not yet been subjected to compulsory preventive measures under regulations or are not immune; bIMakingdeclarationat leasttwodays before transportation. if animalproductshavebeen tested for veterinarysanitationor aresent bypost; seven days in advance, if animal products have not yet been tested for veterinary sanitation. Within one working day after the receipt of a valid dossier, the dossier-receiving agency shall certify the quarantine regisrrarion and notify the place and time of quarantine. Within one working day after animals or animal products arc brought to the prescribed place, theanimalquarantine agencyshallconduct quarantine. 2.When importing,temporarily importingfor © VIETNAM LAW& LEGAL FORUM Issue nos 01=021December 2008 (GOng BaD nos 632-6351Dec:ember 8, 200B) OFFICIAL GAZETTE 39 re-export, temporarily exporting for re-import, transterring out of border gates or transiting through Vietnamese territory animals or animal productson thelistof animalsandanimalproducts Subjectto quarantine or alien animals which are not found in Vietnamor products thereof, goods owners shallsendquarantineregistration dossiers, made accordingIO asetfOIDl, to theAnimal HeaIlh Department. Withinfiveworking daysafterreceiving a valid dossier, theAnimal HealthDepartment shallnotify the goods owner of thequarantineagency which shallconduct thequarantine and, at the sametime, sendthisnoticetotheconcerned animal quarantine agency for conducting quarantine. 3. When exporting, importing, tp,mpnrarily importingforre-export, temporarily exportingfor re-import, transferring out of border gates or transiting through Vietnamese territor)' animals or animal products, goods owners shall make declaration to animalquarantine agenciesassigned by theAnimalHealthDepartmentfor quarantine. Thequarantinedeclaration isstipulatedas follows: a/ Export declaration before goods are exported: To comply with the provisions ofPoints a and b, Clause 1, this Article; b/hnportdeclaration:Atleasteightdaysbefore goods arrive at a border gate or at least two days before goods arrive at a post office; c! Declaration of temporary import for re export, temporary export for re-import, transfer out of bordergates or transit throughVietnamese territory: At leastfour daysbefore goodsarriveat a border gate. Within one working day after the receipt of the goods owner's declaration, the animal quarantineagencyassignedby theAnimalHealth Department shall notify the goods owner of the place and Orneat quarantine, the border gateof importation, the border gateof exportation and other relevant regulations for cases of transit through the Vietnamese territory of animals or animalproducts." 1. Article31 is amended and supplemented asfoUows: "Article 31.- Declaration of quarantine of aquatic and amphibian animals and products thereof L When transporting and circnlatmg within the country animals and animal products on the list of animals and animal products subject to quarantine.goods owners shall declare and send quarantinedossiers, made accordingto a setferm, to provincial-level state agencies in charge of animal health. The quarantine declaration is stipulatedas follows: aJ For parental aquatic animals and breeding animals, declaration must be made at lea.:st tfmx; days beforetransportationor delivery; bl For commercial animals and animal products, declaration must be made at1east tWQ days before transportation or delivery. Within one working day after the receipt of a valid dossier, the dossier-receivingagency shall certify the quarantine registration and notify the place and time of quarantine. Within one working day after animals or © VIETNAM LAW& LEGAL FORUM 40 OFFICIAL GAZETTE Issue nos 01~2IDecember 2008 (OOng Bao nos 6J2-6JWerember 8, 2008) animal products are brought to the prescribed ~ tin: animal quarantine agency shall conduct thequarantine. 2.When importing,temporarily importingfor re-export, temporarily exporting for re-import, transferring out of border gates or transiting through the Vietnamese territory animals and animal preduetson the listof animalsand animal products subject to quarantine or alien animals which are not found in Vietnam and products thereof, goods owners shall send quarantine registration dossiers, madeaccording toa set form, to the Animal Health Department or the Department [or Management of Agrk;ulLucal, Forestry~ndFishery Product Quality. Wtthin five working days after receiving a vaUd dossier, theAnimal Health Department or theDepartment for ManagementofAgricultural, Forestry '3ndFisheryProductQualityshallnotify the goods owner of the quarantineagency wlnch shall conduct thequarantineand,at thesame time, send thenoticetotheconcerned animal quarantine agency forconductingquarantine. 3. When exporting, importing, temporarily importingfor re-export, temporarily exportingfor re-import, transferring out of border gates or transiting through the Vietnamese territory animals or animal products, goods owners shall make declaration to animalquarantine agencies assignedby theAnimalHealthDepartment or the Department for Management of Agricultural, Forestry and Fishery Product Quality tor quarantine. The quarantine declaration is stipulated as follows: aJ Export declaration before goods are exported:At leastten daysin advance, foranimals; and five days, for animal products; hi Import declaration before goods arrive at the border gate: At least eight days in advance, for animals;andfour days, for animal products; cI Declaration of temporary import for re export, temporary export for re-import, transfer out of bordergatesor transit throughVietnamese territory: At least fourdaysbefore goodsarriveat a bordergate. Within one working day after the receipt of the goods owner's declaration, the animal quarantine agencyassignedby theAnimalHealth Departmentor theDepartment for Management of Agricultural, Forestry and Fishery Product Quality shallnotify thegoods owner of theplace and time of quarantine, the border gate of importation, the border gate of exportation and other relevant regulations for cases of transit through the Vietnamese territory of animals or animalproducts." 3. Clause 2 and Clause 4, Article 57 is amended and supplemented as follows: "2. Organizations andindividualsthat register for circulation of veterinary drugs, biologicals, microorganisms or chemicals for veterinary use shall submit registration dossiers to theAnimal Health Department; for biologicals, microorganisms, chemicals and environmental treatmentand improvementsubstancesfor use in aquaculture, dossiers shall be sent to the Aquaculture Department as prescribed at Point b, Clause 1,Article 40of theOrdinance onAnimal Health. © VIETNAM LAW & LEGAL FORUM Issue nos 01-02IDecember 2008 (GOng Bao I10S 632-t:3M3ecember 8. 2(08) OFFICIAL GAZETTE For those not subject to testing or assay, one set of dossiers is required; for those subiect to testing or assay, two sets of dossiers are required. Forcasesof import, a dossierset inVietnamese and an import registration application arc required, enclosed with the product circulation pennit., the manufacturer's GMP certificate or ISO certificate and the product quality analysis card granted by competentauthorities ofthemanufacturingcountry, 4. Within 40 days after the receipt of a valid dossier, me Animal Health Department or the Aquaculture Departmentshallappraisethedossier and set up a specialized scientific council to Cl.1JplUve the dossier am! prupu~e the Mlnister of Agricultureand RuralDevelopmentto recognize and make additionson a quarterly basis to the list of veterinary drugs and the list of biologicals, microorganismsand chemicalsfor veterinaryuse permittedfor circulationin Vietnam. 4. Clause 2, Article 58 is amended and supplemented as follows: "2. WilIJill 40 ilitys after the receipt of a valid dossier, thedossier-receiving agencyshallappraise the dossier and give the results." Article 2.- Implementationeffect This Decree takes effect 15 days after its publication ill "CONO BAO." Article3.· Implementationresponsibility 1. The Minister of Agriculture and Rural Development shall guide the implementationof this Decree. 2. Ministers, heads of ministerial-level agencies, headsofgovernment-attached agencies, presidents of provi nci al/mun icip:a1 P~nplp.·s Committees, and concerned organizations and individualsshall implement this Decree. On behalfo/the Government Prime Minister NGUYEN TAN DUNC © VIETNAM LAW &LEGAL FORUM