Decision No. 66/2008/QD-BNN promulgating the Regulation on animal epidemic-free zones and establishments

Issue nos 01.()21June 2008 (GOng sao nos 335-33e/June 5, 20(8) OFFICIAL GAZETTE 53 DECISION No. 6612008lQD-BNN OF MAY 26, 2008, PROMULGATING THE REGULATION ON ANIMAL EPIDEMIC FREE ZONES AND ESTABLISHMENTS THE MINISTER OFAGRICULTURE AND RURAL DEVELOPMENT Pursuantto the Government'sDecreeNo.01/ 20081ND-CP of January 3, 2008. defining the [unctions , tusks, powers and orgunirutionul structure oftheMinistryofAgricultureand Rural Development: Pursuant to the April 29, 2004 Ordinance 011 Animal Health; Pursuantto the Government'sDecreeNo.33/ 2005/ND-Cr of March 15, 2005, detailing the implementation of a number of ankles of the Ordinance on Animal Health; At the proposal of til.:: Dire ctor of the Animal Health Department, DECIDES: Article 1.- To promulgate together with this Decision theRegulation onanimalepitJemic-free zones and cstnbliehmcnts. Arlkk 2.- This Decision takeseftecl 15days after itspublication in "CONGBAO"andreplaces tlll::Agricuhun:: audRurdl DevelopuieruMinistcrs DecisionNo.62/2002JQD-BNNofJuly 11,2002, promulgated together with the Regulation on animalepidemic-free zonesand establishments. Article 3.- The directors of the Office, the Animal Health Department and provincial/ municipal Agriculture and Rural Development Services,headsofconcerned.units, andconcerned organizationsand individuals shall implement this Decision. For the MUlister of Agriculture and Rural Development Yu;e Minister BUIBABONG REGULATION ON ANIMAL EPIDEMIC FREE ZONES AND ESTABLISHMENTS (Promulgated together with the Agriculture ami Rural De velopment Minister's Decision No. 661 2oo8lQD-BNN ofMay 26, 2008) © VIETNAM LAW &LEGAL FORUM 54 OFFICIAL GAZETTE Issue nos 01-o2lJune 2008 (Cong Bao nos 335-33/1June 5, 2(08) Chapter! GENERAL PROVISIONS Article1.-Scope of regulationand subjectsof application 1.Scopeof regulation This Regulation provides for veterinary conditions for epidemic-free zones and establish ments,proceduresfor reglsrertng andrecognlztng epidemic-free zones and establishments, and responsibilities of agencies, organizations and individual .. for veterinary activities in epidemic free zones and establishments. aJ Epidemic-free zones and epidemic-free animal raising establishments supplying animals and anima' products for domestic sale or export include zones and establishments free from one ormoreepidemics ofananimal species; andzones and estatntshments free Irom one or more epidemics of many animal species; hi Animals and animal products under this Regulation are those defined in Clauses 1 and 2, Article 3 ofthe Animal Health Ordinance, except foramphibian species, fishes, crustacean, mollusk, aquatic rremmals and other aquatic species. 2. Subjects of application This Regulation applies to state agencies and domestic and overseas organizations and individuals involved in activities related to cattle and poultry raising; production of and trading in animal feeds and veterinary medicines; animal [fading and slaughtering: precessing uf and trading in animals and animal products; and transportation of animals and animal products in epidemic-free zones and establishments. Article 2.~ Interpretation of terms 1. Epidemic-free zone means a territory (consistmg ofone or more districts; orone or more provinces) where no epidemic case occurs in the duration prescribed for each or many diseases and where veterinary acttvtues are capable uf controlling epidemics, the trading in and transportationofanimals andanimal products, and vets-rinnry hYZ1P11P frrr "bughter. The origin of animals and animal products must be controlled in epidemic-free zones and establishments. 2. Epidemic-freeestablishmentmeans a cattle or poultryraising establishment (farm, enterprise) or a commune or ward where no epidemic case occurs in the duration prescribed for each disease and where veterinary activities are capable of controlling epidemics and thedelivery and receipt of animals and animal products. J. Buffel (lieu means the area adj=nt to an epidemic-free zone. Abuffer area has a radius of 10 km measured from the circumference of the epidemic-free woe for the foot- and-mouth disease, 5 kmfor pig cholera, 3kInforavian influenza and Newcastle disease, and 1 km for other diseases. The buffer area of an epidemic-free establishment has aradius of5 kmmeasured from the circumference of the epidemic-free establishment for the foot-and-mouth disease, 3 krn for pig cholera, 2 km for a..ian influenza and Newcastle disease, and 0.5 km for other diseases. 4. Epidemicfocus meansa place where occurs a dangerous infectious disease in animals which is on the list of diseases to be declared epidemic or the list of dangerous animal diseases. 5. Epidemic surveillance means the monitoring, examination and evaluation of the nature, causes and modes ofspreading ofdiseases throughout the course ofraising, transporting and slaughtering animals and processing and trading in animal products. 6. Veterinary hygiene conditions means requtrements and standards un locauons and © VIETNAM LAW& LEGAL FORUM Issue nos 01-()21June 2008 (COng BaD roc3363361Juno 6, 2(09) OFFICIAL GAZETTE 55 positions of breedingfauns; breedingand storage facilities, air,water and the environment; animal breeds and feeds; breeding devices and wastes according to theState's regulations. ChaptcrlI VETERINARY CONDITIONS ON EPIDEMIC-FREE ZONES OR ESTABLISHMENTS Article 3.- Veterinaryhygiene conditions on epidemic-free zones or establishments 1. Safety conditions on epidemic-free zones or establishments areprescribed as follows: al For the foot-and-mouth disease: No epidemic occurs for at least 12 months from the death or culling of thelast infectedanimal or after two years from the recovery of the last infected anunal; bl For pig cholera: Noepidemic occurs forat least 40 days from the compulsory culling or slacghrar of the last infected animal or after nix months from the death or recovery of the last infected animal; c! For avian influenza: No epidemic occurs for at least I year from the culling or death of the last infected animal; dfFor rabies: No epidemic occurs for at least 24 months from the death or culling of the last infected animal; to strictly observe Articles 6, 7 and 8, ChapterII - RabiesPreventionand Control, of the GOVC;IJlIllC;Ill'~ Dt:.l-I\:X Nu. OS/2007!ND CPof January 9, 2007, onpreventionand control of rabiesin animals,such as: 100%of households register for dog keeping with commune-level People's Committees, 100% of dogs receive vaccination,theprotectiveimmunityrate reaches Over 80% upon post-vaccinationexamination of immunity,owners must cham or keep dogs, meet requirements on veterinary hygiene and environmental sanitation. and have the dogs' serologicaltested to ensure that theyare free from rabies virus(sampleratesofserological testingin Appendix 6 -!WIprinted herein); eI For Newcastle disease and duck cholera: No Newcastle or duck cholera epidemic occurs for at least1 yearfrom the death or culling of the IMt infected aniurat, f/For theporcine reproductiveandrespiratory syndrome (PRRS) of high toxin category: No epidemic occurs for at least 6 months trcm the death or culling of the last infected animal; after I yearfrom therecoveryofthelastinfectedanimaJ (serological tests show negative resutts, sample rates of serological testing in Appendix 6 - not printedherein); gl For other diseases (Leptospirosis, Bruceuosrs.Aujeszky, Uumboro and Marek):No epidemic occurs for at least 6 months from the death or culling of the last infected animal; after 1 year from the l'eCovery ofthe last infeszedanimal (serological tests show negative results, sample rates of serological testing in Appendix 6 - not printed herein). 2. Other diseases on the Ministry of Agriculture and Rural Development's list of diseases to be declared epidemic may occur, but in a sporadic manner, and do not develop mto epidemics, and infected animals are promptly treatedaccording to regulations. 3. To fully meet veterinary requirements W1Ua this Regulation on vaccination, disease testing, quarantine,examinationof slaughteringhygiene, processing and tradinginanimals, animalproducts and animal breeds, and epidemic reporting. 4.Tofullysatisfy veterinary hygieneconditions according to theMinistryofAgricultureandRural Development's regulationsandtheAnimal Health © VIETNAM LAW & LEGAL FORUM 56 OFFICIAL GAZETTE Issue nos 01-G2IJune 2008 (Gong BaD nos 335-3361June 5, 2008) Department's currentguidance forestablishments involved in veterinary activities specified inClause 3, Article I of thisRegulation. Article 4.- Provisions on epidemic reporting For epidemic-free zones being provinces, cities, districts or towns and epidemic-free establishments being communes or wards: aJAnimalraisingor slaughtering organizations andindiVIduals in villages, communes, wards and townships shall make written records on the situationof'their animalraisingandslaughter, and epidemics. When detecting animals sick or dying of suspectedinfectionof contagiousdisease, they shall promptly reportto thecommune orward levelanimalhealthbody or thelocalanimal health agencyandadministration andmay not transport, sell,slaughter or circulate themon themarket. When the outbreak of an epidemic free registereddiseaseoradangerous infectious disease such astrnfoot-and-mouth disease,pig cholera and avian influenza occurs, to promptly report to the conunune or district health animal station every two days under the extraordinary reporting regime. When noepidemicoccurs,to report on dangerous diseases SUCh as the foot-and-mouth disease, pig cholera andavian influenzaevery seven days under theregularreporting regime: bl In addition to irregular reporting on epidemics, commune animal health bodies shall annually report to district animal health stations which shaH report to provincial Animal Health Sub.Depsrtmenes for further report to regional animal health agencies and the Animal Health Department (according to Appendices 7 and 8, notprintedherein). 2. For epidemic-free establishments being animal raising farms aI Small-scale animal raising farms in communes shall directly report on epidemics to commune-level animal health bodies; bI Private animal raising farms or enterprises ofmedium- or larger size shall directly report on epidemics to district animal health stations; cl Provincially run animal raising farms shall directly report on epidemics to provincial Animal Health Sub-Departments; dI Centrally run breeding animal fanns shall directly repon on epidemics to regional animal health agencies and theAnimal Health Department. 3. Commune animal health bodies and animal health agencies which arc notified of epidemics shall promptly verify therefor and, when necessary, take samples for testing on their own or send them out for testing. When suspecting the infection of the foot-and-mouth disease, pig cholera, avian influenza, Newcastle disease or an epidemic-free registered disease, to promptly report it to a superior animal health agency. Article 5.- Provisions on vaccination 1 Vaccination against ear-h disease and for each species in epidemic-free zones or establishments must comply with the Agriculture and Rural DevelopmentMinistry's Decision No. 6312005!QD-BNN of October 13, 2005, Vaccination against avian influenza must comply with vaccination regime under the Ministry of Agriculture and Rural Development's strategy on annual vaccination against avian influenza. 2. The rate of vaccination against epidemic free-registered diseases must reach over 90% of the total animal flock or herd and 100% ofanimals subject to vaccination. 1. For other diseases such :H: barbone disease. pasteurellosis in pig, erysipelas in pig, anthrax, gangraena emphysematosa, samoellosis and leptospira (in former epidemic foci), to conduct vaccination every six months according to © VIETNAM LAW & LEGAL tORUM Issue nos 01-o2lJune 2008 (C6no Baanos 335-33£1June 5, 2008) OFFICIAL GAZETTE regulations for ?: 80% of animals subject to vaccination. 4. For such dangerous diseases as the foot and-mouth disease, avian influenza, pig cholera and Newcastle, post-vaccinationsupervisionmust be conducted to evaluate the ettecuveness at vaccination. Artiek 6.-Provisions on animal quarantine 1. To tightly control the transportation of animals and animal products,especially for those imported into epidemic-free zones or establishments, specifically: aIAnimals and animal products brought into epidemic-free zones or establishmentsmustcome from zones Of establishments recognized to be epidemic-free and have certificates of at-source quarantine issued by a competent animal health agency; bIAnimals must be kept in isolation areas for between15-30daysdependingoneachdiseaseand species beforebeing mixed with theflockor herd. 2. In case of preventing an epidemic from spreading into epidemic-free zones or. establishments,provincial Agriculture and Rural Uevelopment Services may propose provincial People's Committees to set up animal quarantine checkpoints on trunk roads in buffer areas. 3. Quar-antine certificates shall be glaIllct1 only to animals and animal products taken from epidemic-free zones or establishments or establishments certified by a local animal health agency to be epidemic-free. Article 7.- Provisions on inspection of veterinary hygiene and animal slaughter 1. Animal raising or slaughtering establishments, breeding animals, animal feeds andwatermustbeexaminedtwicea yearandmust satisfytechnical regulationsor national standards on veterinary hygiene. 2.The slaughter of cattle and poultry for sale must beconductedat centralizedslaughter-houses satisfying veterinary hygiene conditions, and be controlled by animal health agencies. 3.The trading in animals and animal products in epidemic-free zones must be put under strict control to ensure that only animals and animal products meeting veterinary hygiene requhemerns are circulated and traded. Article 8.- Provisionson diagnosis and testing L To conduct surveys and evaluations on serologyand the prevalenceof virusforepidemic free-registered diseasesanddiseasestransmittable to humans. 2. When animals fall sick or die of suspected infection with dangerous disease, they must undergo a didguu:-i:- dW..I/UI lc:-liug Ly animal health agencies which shall issue diagnosis result slips together with epidemic reports. 3. To examine and evaluate the responnivc immunity against diseases of vaccinated animals and conduct serological testing for bacterial diseases such as the foot-and-mouth disease, pig cholera, leptospira, brucellosis, tuberculosis, salmonellosis and chronic respiratory disease (CRD) (under the provisions in Appe.Mix6, not printed herein) before recognizingepidemic-free zones or establishments. To conduct regular diagnosis and examination as assigned or decentralized by theAnimal HealthDepartment 4. To protect epidemic-free zones and establishments: r11 To take mp.mmrf';>;' to prf';vf';nt vinys: from spreadingintoepidemic free-recognizedzones or establishments by such means as wind, water source, transportation of animals and animal products and travel of humans and traffic; © VIETNAM LAW & LEGAL FORUM 58 OFFICIAL GAZETTE Issue nos 01.Q2IJune 2008 (Gong BaD nos 335-3361June 5, 20(8) bl To conduct regular serological tests (under the provisions inAppendix 6,notprintedherein) Article 9.- Provisions on disposal of animals infectedwith contagious disease 1. To cull animals infected with the foot-and mouth disease right after they are detected. 2. To dispose of animals infected with pig choleraM follows: aJ Pigs weighing < 20 kg must be buried or burnt; hi Pigsweighing>20kgmustbe slaughtered and meal may be used as food after being boiled. VJSCer3. and other parts must be destroyed. 3. To dispose of poultry infected with avian influenza as fellows: To cull the entire flock when detecting the disease.Protectiondevicesmustbe used toprevent epidemic outbreaks and transmission to humans. 4. Toconductcompulsory cullingor slaughter ofanimals infected with other diseases under the guidance and supervision of animal health agencies suitable to each disease according to the animal health law. 5. To destroy all cattle and poultry which die ofother infectious diseases. Chapkrlll PROCEDURES FOR REGISTERINGAND RECOGNIZING EPIDEMIC-FREE WNESAND ESTABLISHMENTS Article 10.- Procedures for registering for epidemic-free zones or establishments Presidents of district-level People's Committees, presidents of commune-level People'sCommittees and owners of animal raising establishments registering for building epidemic tree zones or estabhstrments shall compile a registration dossier which comprises: 1. An application for registration of an epidemic-free zone or establishment (made according to the forms in Appendices 4a and 4b, not printed herein); :L A proposal on condiuons at the epidemic free zone or establishment (made according to the forms in Appendices l a and lb, not printed herein], covering the following contents: aJ A report prescribing the location, natural geography and animal raising characteristics of the epidemic-free zone or establishment; bI Veterinary activities in the epidemic-free zone or establishment. A separate proposal should be made for each epidemic-free zone or establishment. Article 11.- Places for registering epidemic free zones or establishments and registration time limit 1. District-level People's Committees and animal raising establishments registering for building epidemic-free zones or establishments shall send application dossiers prescribed in Article 10 of this Regulation to provincial-level Animal I Icath Sub-Departments. 2. Within 15 days from the receipt of valid dossiers, provincial-level Animal Health Sub Departments shall work with district-levs-I People's Committees and animal raising establishments to formulate projects to build epidemic-free zones or establishments. Article 12.- Procedures for registering for recognition of epidemic-free zones or establishments Localities and animal raising establishments registering for recognition ofepidemic-free zones or establishments shall carry out the following procedures: © VIETNAM LAW & LEGAL FORUM Issue nQs 01-Q2JJune 2008 (GOng BaD nos 335-33fJJune 5, 2OOR) OFFICIAL GAZETTE 59 1.Tocompile aregistration dossier, comprising: aIAn applicationforappraisal (made according to the forms inAppendices 2a and 2b,notprinted herein); bl A proposal on conditions of the built epidemic-free zone or establishment. 2. To submit the registration dossier to the Animal Health Department. Within 15 days from the receipt of valid dossiers, the Animal Health Department shall appraisetheconditionsof theconcernedepidemic free zone or establishmentand notify the appraisal results. When the conditionsarefully met,competent agencies shall grant certificates ofepidemic-free zones or establishments to concerned localities according to Article 15 of this Regulation. When the appraisalconcludes thatconditions forepidemic-freezones or establishments are not met,concerned localitiesandestablishments may requestre-appraisal afterimproving unsatisfactory contents in the previous appraisal. Article 13.- Setting up of appraisal teams 1. The Animal Health Departments shall decide to establishappraisal teams, 2. Members of an appraisal team shall be decided by the director of the Animal Health Department, comprising officers of units of veterinary expertiserelatingto the to-he-appraised contents. Article 14.- Tasks of an appraisal team L To examine conditions of epidemic-free zonesor establishmentsapplyingfor recognition. 2. To evaluate the situation of epidemics, transportation of cattle within the zones as well as export or import thereof with other localities or countries. 3. To determine the capability of agencies responsible for epidemic-free zones or establishments. 4. To make appraisal reports and proposals at one of the following levels: aJ Level A: Inspected contents of epidemic free zones or establishments fully meet the standards, with the appraisal score reaching 70 100 points. 111t: recognition uf epidemic-free zones or establishmentsis proposed; bI Level B: Inspected contents do not fully meet the standards, with the appraisal score reaching 50-69 points. Completion of contents requestedbythe appraisalteam isrequired before the reappraisal; d LevelC: Inspectedcontentsdo not meet the standards, with the appraisal score reaching less than 50 points. Continued development of epiderruc-tree zonesorestablishmentsis; required. Article 15.- Competence to grant certificates of recognition of epidemic-free zones or establishments Based on appraisal teams' reports, the Animal Health Department shall consider and grant certificates of recognition of epidemic-treezones or establishments to eligible zones or establishments. Article 16.- Management of epidemic-free zones and establishments 1.A certificateof recognition of anepidemic free zoneorestabhshment IS valid tor 2 yearsfrom thedateofissuanceforthefoot-and-mouth disease and pig cholera; 1 year for the porcine reproductive and respiratory syndrome (PRRS), Newcastle, duck cholera, gumboro, chronic respiratorydisease(CRD)and salmonellosis,and 6 months foravian influenza.TheAnimal Health Department shall notify provinces and cities © VIETNAM LAW & LEGAL FORUM 60 OFFICIAL GAZETTE Issue nos 01-o2lJune 2008 (COng Baonos 335-3361June 5, 2(08) nationwideof the recognition thereof. Two months before the expiration of such certificate, the concerned unit shall send an applicationfor re-appraisal to theAnimalHealth Department. Competent agencies may withdraw certificates of recognition if epidemic free recognized zones or establishments fail to meet prescribed conditions in the duration of recognition 2. The Animal Health Department shall reappraiseepidemic-freezonesor establishments within 15days after receiving an applicationfor reappraise I regarding the followingcontents: aJ Veterinary hygiene conditions of animal raisingestablishments; bl Serological testing for epidemic free registered diseases and those transmittable to humans; cIExaminationof vaccination,quarantineand slaughtercontrol. rhnpterlV ORGANIZATION OF IMPLEMENTATION Artkk 17.-Responsibilitiesof animal health state management agencies for epidemic-free zones and establishments 1.The AnimalHealth Department shall: aJ Guideand direct provincialAnimalHealth Sub-Departments in building and managing epidemic-treezones or establishments; bl Appraise epidemic-free zones or establishments; c! Issue decisions on the recognitlon of epidemic-freezones or establishments; dJ Supervise,examine and inspectepidemic free zones or cstabljshmcnts. 2. Provincial-level Agriculture and Rural DevelopmentServicesshall: aI Submit plans on building local epidemic free zones or establishments to People's Commilteesof provincesand centrallyruncities; bl Fund veterinary and other activities III epidemic-freezones or establishments. 3. Provincial-level Animal Health Sub Departmentsshall: aI Assist district-level People's Committees and animal raising establishments in compiling application dossiers, coordinate wil:h concerned local agenciesand animal raisingestablishments in buildingand managingepidemic-freezones or establishmenns, and implement technical-related contents falling under their competence; bl Set up appraisal teams and propose the Animal Health Department to recognize epidemic-freeestablishmentsas assigned by the Animal Health Department; cl Supervise, examine and inspect the observance of veterinary hygienerequirements by epidemic-freezones and establishments. 3. Units which are assigned by the Animal HealthDepartmentto appraiseand testepidemic free zones or establishments shall take responsibilitybefore law for their conclusions. Article 18.- Responsibilities of organizations and individuals engaged in animal raising and veterinary activities in epidemic-free zones or establishments 1. Establishments raising and slaughtering animals, processing animal feeds and trading in ammals and arnmal products in epidemic-free zones or establishments shall comply with the animal healthlawconcerning epidemic-free zones and establishments. © VlflNAM LAW &LEGAL FORUM Issue nos q1-CJ2IJune 2008 (GOng S80nos 335-J36IJune 5, 2008) OFFICIAL GAZETTE 61 2. Organizations and individuals from otber zones involved in activities relatedto epidemic free zones or establishments shall comply with regulations applicable to epidemic-free zones or establishments. Forthe Ministerof Agriculture and Rural Development VICe Minister BUI BA BONG © VIETNAM LAW &LEGAL FORUM