Luật 79/2015/QH13

Law No. 79/2015/QH13 dated June 19th, 2015, on veterinary medicine

Nội dung toàn văn Law No. 79/2015/QH13 on veterinary medicine


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.: 79/2015/QH13

Hanoi, June 19th, 2015

 

LAW

ON VETERINARY MEDICINE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

National Assembly promulgates the Law on Veterinary Medicine.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the prevention, treatment and fighting against animal epidemic diseases; quarantine of animals and animal products; control of the slaughter, preparation and processing of animals and animal products; inspection of veterinary hygiene; management of veterinary drugs; veterinary practice.

Article 2. Regulated entities

This Law applies to any Vietnamese and foreign organizations/individuals engaged in veterinary activities in Vietnamese territory.

Article 3. Interpretation of terms

In this Law, these following terms can be construed as follows:

1. Animal includes:

a) Terrestrial animals include livestock and poultry, wild animals, reptiles, bees, silkworms and other species of animals that live on land;

b) Aquatic animals include fishes, crustaceans, mollusks, amphibious, aquatic mammals and other species of animals that live in water.

2. Animal products means any products derived from animals, including:

a) Terrestrial animal products include meat, eggs, milk, bee’s honey, beeswax, royal jelly, sperm, animal embryo, blood, innards, hide and skin, hair, bone, horns, ivory, claws and other products derived from terrestrial animals;

b) Aquatic animal products mean aquatic animals that have been prepared or have been processed without cutting; embryo, eggs, sperm and other types of products that are derived from aquatic animals.

3. Preparation or processing of animals/animal products includes the cleansing, cutting, classification, freezing, salting, smoking, drying, packaging or applying of other processing methods for instant use or for use as ingredients for processing of food, animal feed or other purposes.

4. Veterinary activities include the State management in terms of veterinary medicine and the prevention, treatment and fighting against animal epidemic diseases; quarantine of animals and animal products; control of the slaughter, preparation and processing of animals and animal products; inspection of veterinary hygiene; management of veterinary drugs; veterinary practice.

5. An animal epidemic-free zone/establishment means any zone/establishment raising animals and/or producing breeds that is identified to be free from the infectious diseases on the List of animal diseases subject to outbreak declaration for a time period specified for each disease, each species and veterinary activities in which ensure the control of such epidemic.

6. An infectious disease means a disease that transmits directly or indirectly from animals to animals or from animals to humans due to pathogens of infectious diseases.

7. Pathogens of infectious diseases include viruses, bacteria, parasites, fungi and other pathogens capable of causing an infectious disease.

8. An animal epidemic is the occurrence of an infectious disease in animals on the List of animal diseases subject to outbreak declaration.

9. An epidemic hotspot means an area where an infectious disease on the List of animal diseases subject to outbreak declaration occurs.

10. An epidemic zone means the area where a new hotspot or pathogen is found by a veterinary authority.

11. A high-risk zone means the area surrounding the epidemic zone or adjacent to the epidemic zone of a neighboring country that is identified by a veterinary authority.

12. A buffer zone means the area surrounding the high-risk zone identified by a veterinary authority.

13. List of animal diseases subject to outbreak declaration includes the dangerous animal infectious diseases that cause great damage to socio-economic conditions and the dangerous infectious diseases capable of transmitting from animals to humans.

14. Quarantine of animals and animal products means the inspection and application of technical measures to discover, control and prevent the subjects of quarantine of animals/animal products.

15. Animal slaughtering control means the inspection before and after the slaughter to discover, treat and control the factors causing disease and/or harm to animal, human and environment.

16. Veterinary hygiene means the compliance with the requirements to protect animal health, human health, environment and ecosystem.

17. Inspection of veterinary hygiene means the inspection and application of technical measures to discover, control and prevent the subjects of veterinary hygiene inspection.

18. Subjects of quarantine of animals/animal products include microorganisms, parasites, ages and lavae of parasite causing disease to animals and harmful to human health.

19. Subjects of veterinary hygiene inspection include the polluting microorganisms, microorganism toxin; physical/chemical element; toxic substances; environmental elements affecting human health, animal health and environmental hygiene.

20. Goods owners means owner of animals/animal products or representatives of the owner performing the management, escort, transport and care of animals/animal products.

21. Veterinary drugs means substances or compounds including medicinal products, Vaccine, bio-preparations, microorganisms and chemicals that are permitted to used for animals for prevention, treatment, diagnosis, rehabilitation and/or improvement of growing and reproductive functions of animals.

22. Finished veterinary drugs means veterinary drugs that have undergone all the manufacturing stages, including the packaging and labeling conducted in facilities passing the quality inspection and satisfy the quality norms according to the registration documents.

23. Veterinary drug ingredients means substances that are components of veterinary drugs.

24. Veterinary vaccines means bio-preparations containing antigen that provide animal with capability of immunity, used for prevention of animal diseases.

25. Veterinary bio-preparations means products with biological origin used for prevention, treatment, diagnosis and adjustment of the growing and reproductive process of animals.

26. Veterinary microorganisms include germs, viruses, parasitical unicellular, molds, fungi and other microorganisms used for diagnosis, prevention and treatment of animal diseases; for research, production, analysis and testing of veterinary drugs.

27. Veterinary chemicals means products with chemical origin used for prevention, treatment, diagnosis, decontamination, disinfection of animal/animal product raising, slaughtering, preparing, processing environment.

28. Veterinary drug analysis means the testing and determination of technical standards for veterinary drug.

29. Veterinary drug testing means the testing on animals at experimental facilities to determine the properties, effects and safety of veterinary drugs.

30. Veterinary drug inspection means the re-check and re-assessment of quality of veterinary drugs that have undergone analysis, testing or are being sold upon occurrence of disputes, complaints or request for assessment from the regulatory bodies.

Article 4. Principles of veterinary activities

1. The constancy in veterinary activities shall be ensured from central to local government to maintain animal health, increase the socio-economic effects, the sustainability in animal raising, ensuring food safety, maintaining human health and environmental hygiene.

2. Disease prevention shall be the key, disease treatment shall be prompt, epidemic fighting shall be expeditious; epidemic hotspot/animal pathogen shall be discovered promptly and exactly to be handled thoroughly; subjects of quarantine of animals/animal products shall be kept under control to avoid spreading.

3. Domestic animal owners, owners of animal-raising establishments shall take prior responsibilities for prevention and fighting against animal epidemic diseases; regulatory body shall provide guidelines and take measures to control the animal disease promptly and effectively.

4. The advantages in commercial transaction of animals/animal products shall be ensured; benefits of the State and the community and lawful rights and interests of organizations and individuals shall be harmonized.

5. Advancement of science and technology shall be applied, modern science and technology shall be combined with traditional experience of people in the prevention, treatment and fighting against animal diseases.

Article 5. Policies of the State on veterinary activities

1. For specific stages, the State shall formulate a policy on the investment and support for the following activities:

a) The conduction of scientific research, development and transfer of technology in diagnosis, testing and treatment for animal disease; the establishment of facilities in charge of diagnosing and testing animal diseases, testing and analyzing the quality of veterinary drugs serving state management; the establishment of quarantine area;

b) The formulation of system for accessing to the origin of animals/animal products; the planning on facilities in charge of slaughtering, preparing, processing animal products orienting towards industrialization in animal raising;

c) The development of a system that provides information, management, forecast and warning of animal diseases;

d) The prevention and fighting against animal diseases and elimination of damage from animal disease;

dd) The prevention and fighting against animal diseases on List of animal diseases subject to outbreak declaration; the control and elimination of dangerous infectious animal diseases, diseases capable of transmitting between animals and humans;

e) The improvement of the facilities of the system of veterinary authorities, system of environmental monitoring and warning;

g) The production of veterinary drugs and vaccine serving the prevention and fighting against dangerous animal diseases;

h) The establishment of animal epidemic-free zones.

2. The State shall encourage the following activities:

a) The foundation of animal epidemic-free establishments; of concentrated raising establishments and concentrated slaughtering establishments;

b) The participation in prevention and fighting against animal diseases; the public sector involvement in veterinary activities and animal insurance;

c) The researching and application of science and technology, application of good practice systems and advanced quality control system in veterinary medicine;

d) The training and cultivation of human resources in veterinary medicine;

dd) The care, raising and protection of animals for humanitarian purposes.

3. Any person who carries out veterinary activities at the request of a competent agency and catches an infection, is injured or dies shall be considered granting entitlement to the policy for revolutionary martyrs and wounded soldiers according to the regulations on incentive policies for meritorious persons.

Article 6. System of veterinary authorities

1. The system of veterinary authorities includes:

a) Departments of Animal Health affiliated to the Ministry of Agriculture and Rural Development;

b) Veterinary divisions affiliated to Services of Agriculture and Rural development of provinces (hereinafter referred to as veterinary authorities provincial veterinary authorities);

c) Veterinary stations of districts, city affiliated to provinces and equivalent administrative units (hereinafter referred to as veterinary authorities veterinary authorities of districts).

2. Pursuant to the requirements for veterinary activities in administrative division and capability of resources balancing in local area, the People’s Committee of provinces shall request the People’s Council of provinces to consider and decide the arrangement of veterinary staff of communes.

3. The Government shall provide guidance on the regulations in this Article and issue policies for veterinary staff of communes.

Article 7. Dissemination and propagation of information about veterinary medicine

1. The dissemination and propagation of veterinary medicine is to provide information about animal diseases, measures for prevention and fighting against animal diseases and policies and law provisions on veterinary medicine.

2. The dissemination and propagation of information about veterinary medicine shall be performed in different forms according to the objects and areas. Content for dissemination/propagation shall be accurate and understandable and shall be provided promptly.

3. Responsibilities of regulatory agencies in the dissemination and propagation of information about veterinary medicine:

a) The Ministry of Agriculture and Rural Development shall organize and direct the provision of information and the dissemination and propagation of information about veterinary medicine;

b) The Ministries, ministerial-level agencies, Governmental agencies, People’s Committees at all levels, within their competence, shall carry out the dissemination and propagation of information about veterinary medicine.

4. Any organizations/individuals relating to the dissemination and/or propagation of veterinary medicine shall comply with the regulations in this Law and relevant law provisions.

Article 8. Responsibilities of the Government and the Ministries in state management

1. The Government shall unify veterinary management nationwide.

2. The Minister of Agriculture and Rural development responsible to the Government for the state management in veterinary medicine shall:

a) Formulate and direct the implementation of the strategies, master plans and plans on veterinary medicine;

b) Promulgate or request the competent authorities to promulgate and organize the implementation of the policies, legislative documents, technical regulations and standards for veterinary medicine;

c) Preside over, guide and organize the prevention, treatment and fighting against animal disease; quarantine of animals and animal products; control of slaughtering, preparing and processing of animals and animal products; inspection of veterinary hygiene; management of veterinary drugs; veterinary practice.

d) Provide regulations on clothing, name badges, insignias, signboards, animal quarantine cards;

dd) Organize the issuance, reissuance, extension, suspension and revocation of the licenses and certificates in veterinary medicine;

e) Organize the basis investigation, scientific researches, application of new technology, training in technical and professional knowledge in veterinary medicine;

g) Organize the dissemination and propagation of information about veterinary medicine, organize the education in legislations on veterinary medicine;

h) Provide standards for technical and professional knowledge applicable to the staff in the system of veterinary authorities; standards for veterinary staff of communes;

i) Preside over, organize the inspection of veterinary activities; handle the complaints, denunciations and violations against the law provisions on veterinary medicine within competence;

k) Formulate statistics about veterinary medicine;

l) Preside over, perform international cooperation in veterinary medicine.

3. The Minister of Health shall cooperate with the Minister of Agriculture and Rural development in the prevention and fighting against the diseases that can transmits between animals and humans.

4. The Minister of Industry and Trade shall preside over and cooperate with the Minister of Agriculture and Rural development in the prevention and fighting against commercial fraud, prevention and fighting against counterfeits and the handling of violations against the regulations on trade of animals, animal products and/or veterinary drugs for sale on market.

5. The Minister of Science and Technology shall cooperate with the Minister of Agriculture and Rural development in the management of scientific researches, the development and transfer of technology and the formulation of technical regulations and standards relating to veterinary medicine.

6. The Minister of Finance shall preside over and cooperate with the Minister of Agriculture and Rural development in promulgating regulations on conditions for completion of customs procedures in the inspection and supervision of animals/animal products subject to quarantine, pathology specimens, veterinary drugs that are exported, imported, temporarily imported, temporarily exported, moved to another custom post/bonded warehouses, transited through Vietnam’s territory; in the prevention of smuggling, illegal transport of animals, animal products and/or veterinary drugs across the border; in providing local governments with guidelines for distribution and use of the annual budget, ensuring the sufficient funding for the prevention and fighting against animal diseases.

7. The Minister of Public Security shall cooperate with the Minister of Agriculture and Rural development in ensuring the security relating to the prevention and fighting against animal diseases and the quarantine of animals/animal products.

8. The Minister of National Defense shall cooperate with the Minister of Agriculture and Rural development in ensuring the National defense and security relating to the prevention and fighting against animal diseases and quarantine of animals/animal products; direct the Border guard and the Coastguard to cooperate with the concerned agencies in the prevention and fighting against the smuggling, illegal transport of animals, animal products and/or veterinary drugs across the border.

9. The Minister of Information and Communications shall cooperate with the Minister of Agriculture and Rural development in directing and guiding the provision of warning about animal diseases and information about the prevention and fighting against animal diseases.

10. The Minister of Natural Resources and Environment shall preside over and cooperate with the Minister of Agriculture and Rural development in promulgating regulations on environmental protection and National Technical Regulation on environment relating to veterinary medicine.

11. The Minister of Transport shall preside over and cooperate with the Minister of Agriculture and Rural development in inspecting the vehicles used for transport of animals, animal products and/or veterinary medicine.

Article 9. Responsibilities of People’s Committees at all levels

1. Responsibilities of People’s Committees of provinces:

a) Promulgate within their competence or request a competent authority to promulgate documents guiding the implementation of the legislations on veterinary medicine;

b) Build up and carry out planning for animal epidemic-free zones/establishments; plans on prevention and fighting against animal diseases; programs for supervision, control and elimination of animal diseases;

c) Give decisions on distribution, management and use of fundings, mobilize local resources according to the law provisions for prevention, fighting and control of animal diseases; conduct inspections and supervision of quality of veterinary drugs sold in local areas; allocate funding for handling and destruction of unowned animals, animal products and/or veterinary drugs in local areas and other activities relating to veterinary medicine;

d) Direct the activities of prevention and fighting against animal diseases; total up and assess the damage from animal disease; adopt supportive policies to stabilize people's lives, restore animal-raising activities after the occurrence of an animal epidemic;

dd) Preside over and organize the dissemination, propagation and cultivation of information about veterinary medicine, organize the education in legislations on veterinary medicine;

e) Preside over, organize the inspection of veterinary activities, handle the complaints, denunciations and violations against the law provisions on veterinary medicine within competence.

2. Responsibilities of People’s Committees of districts:

a) Preside over and organize the dissemination and propagation of information about veterinary medicine, organize the education in legislation on veterinary medicine;

b) Request veterinary authorities of districts to supervise and issue warnings about animal epidemics;

c) Allocate funding and organize the prevention and fighting against animal epidemics; total up, assess and provide support for raisers for the damage from animal epidemics;

d) Preside over, organize the inspection of veterinary activities, handle the complaints, denunciations and violations against the law provisions on veterinary medicine within competence.

3. Responsibilities of People’s Committees of communes:

a) Organize the dissemination and propagation of information about veterinary medicine, organize the education in legislation on veterinary medicine;

b) Give decision on location and organize the destruction of infected animals or animal products carrying pathogens of a disease, fake drugs, low-quality drugs, drugs with unidentified origin, smuggled drugs;c) Supervise to promptly discover and make notification of animal epidemic situation; take measures for prevention and fighting against animal epidemics; total up and make report on the damage from animal epidemics; provide guidelines for supportive policies for prevention and fighting against animal epidemics;

d) Cooperate with veterinary authorities of districts in supervising the animal epidemics and reckon up the information about veterinary medicine;

dd) Conduct inspections of veterinary activities, handle the complaints, denunciations and violations against the law provisions on veterinary medicine within competence.

Article 10. Responsibilities of Vietnamese Fatherland Front, member organizations of Vietnamese Fatherland Front and socio-professional organizations, social organizations

1. Vietnamese Fatherland Front and member organizations of Vietnamese Fatherland Front, within functions and tasks, shall propagate and mobilize people to comply with the policies and law provisions on veterinary medicine; contribute to the formulation of laws, carry out supervisions, social criticism in veterinary medicine according to the law provisions.

2. Socio-professional organizations, social organizations shall contribute in the formulation of laws in term of veterinary medicine; propagate and disseminate the law provisions on veterinary medicine; provide consultancy and training in veterinary medicine.

Article 11. International cooperation in veterinary medicine

1. The international cooperation in veterinary medicine includes:

a) The conclusion and implementation of international veterinary agreements to which the Socialist Republic of Vietnam is a contracting party.

b) The cultivation of human resources; scientific research, technology transfer; exchange of information and experience in terms of veterinary medicine;

c) Support in resources.

2. Department of Animal Health shall be the central agency in performing international cooperation in terms of veterinary medicine according to the assignment of the Minister of Agriculture and Rural development.

Article 12. Fees and charges in veterinary medicine

Any organizations/individuals that performs any activity relating to veterinary medicine shall pay fees and charges according to the law provisions on fees and charges.

Article 13. Prohibited acts

1. Conceal, fail to report or delay reporting the infected animals, animals suspected of being infected, animals dying of infectious diseases that lead to the spread of animal epidemics.

2. Report, make list or verify the inaccurate number and amount of animals that are infected, dead, infected animal products subject to destruction; report, make list or verify the inaccurate number and amount of materials/chemicals used for prevention and fighting against animal disease for profiteering.

3. Fail to notify or declare outbreaks of animal diseases in the cases subject to notification or declaration according to the regulations in this Law.

4. Provide inaccurate information about the situation of animal disease.

5. Fail to implement or delay implementation of the preventive measures against the animal diseases according to the regulations in this Law.

6. Fail to comply with the preventive measure against animal disease at the request of competent agencies/organizations.

7. Dump infected or dead animal and the derivatives thereof, discharge waste water/waste matter carrying pathogens to the environment.

8. Transport infected animals, derivatives or waste from animals that carry dangerous infectious pathogens, animals susceptible to the declared animal disease and the derivatives thereof out of the epidemic zones without permission of veterinary authority.

9. Carry out destruction unconformably to the regulations or fail to destroy the infected/dead animals, animal products carrying pathogens that are subject to destruction according to the law provisions.

10. Trade, unpromptly erase or adjust the certificates or permits in the field of veterinary medicine.

11. Swap or make change in quantity of animals/animal products that have undergone quarantine.

12. Evade the quarantine; transport of animals/animal products subject to quarantine without the Quarantine Certificate or without identified origin.

13. Import, temporarily import, temporarily export, transit through Vietnam’s territory the animals/animal products from a country/region having epidemic that is dangerous for animal susceptible to such disease.

14. Import animals, animal products and/or pathology specimens forbidden by veterinary authority.

15. Import/export animals/animal products that are banned from import/export according to the law provisions.

16. Slaughter, collect animals/animal products to use as food before the expiration of post-treatment period according to the instruction.

17. Slaughter or treat animals infected with the diseases on the List of animal diseases banned from slaughtering/treatment.

18. Slaughter, prepare or process animals/animal products for trading unconformably to veterinary hygiene standards.

19. Produce, prepare, process or trade in animal products carrying substances banned from using in animal raising or veterinary medicine or carrying microorganisms or chemical residues exceeding the permissible amount.

20. Soak animals/animal products in chemicals, put water or other substances into animals/animal products leading to the decrease of veterinary hygiene.

21. Use veterinary drug ingredients for prevention and treatment of animal diseases; use veterinary drugs with unidentified origin, veterinary drugs banned from using, expired veterinary drugs, veterinary drugs that are not permissible to sell in Vietnam, excluding the cases specified in point c clause 6 Article 15 of this Law.

22. Produce, export, import or trade fake veterinary drugs, veterinary drugs with unidentified origin, veterinary drugs banned from using, expired veterinary drugs, low-quality veterinary drugs, veterinary drugs that are not permissible to sell in Vietnam, excluding the cases specified in clause 2 Article 100 of this Law.

23. Sell veterinary drugs whose labels are unconformable to the one registered with veterinary authority.

24. Advertise the veterinary drugs unconformable to the registered effects and/or uses.

25. Illegally practice the veterinary activities.

Chapter II

PREVENTION AND FIGHTING AGAINST ANIMAL EPIDEMICS

Section 1. GENERAL REGULATIONS ON PREVENTION AND FIGHTING AGAINST ANIMAL EPIDEMICS

Article 14. Contents of the prevention and fighting against animal epidemics

1. The application of prophylactic measures, the diagnosis, treatment; monitoring, warnings of raising environment; supervision, warnings about the epidemic; inspections of the epidemic; analysis of the risk; control of animal epidemics.

2. The cleaning, decontamination, disinfection of raising environment.

3. Foundation of animal epidemic-free zones/establishments; programs and plans for controlling and erasing a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans.

4. Accurate, sufficient and prompt provision of information about animal epidemics, supportive policies in prevention and fighting against animal epidemics.

5. Propagation, dissemination and training of measures for prevention and fighting against animal epidemics.

Article 15. Prevention of animal diseases

1. Raising places and raising tools shall be cleansed and decontaminated, disinfected, and have vector removed periodically after each raising period; raising places shall be conformable to local planning or approved by a competent agency.

2. Waste from animal raising shall be treated according to the law provisions on environmental protection. Regarding closed aquaculture system, water supply for animal raising shall assure the quality; waste water, waste matter shall be treated before being discharged to ensure veterinary hygiene and shall be in accordance with the law provisions on environmental protection.

3. Stud and feed used in animal raising shall be epidemic-free, ensure veterinary hygiene and shall conform to the law provisions on livestock breeds and the law provisions on animal feed.

4. Compulsory preventive measures for dangerous infectious diseases shall be adopted to animals at the request of veterinary authorities.

5. The expenses of compulsory preventive vaccine in the emergency programs for control and elimination of animal epidemics, prevention and fighting against epidemic shall be covered by the state budget; veterinary authorities are responsible for formulating and requesting competent authorities to approve and organizing the plan on use of vaccine against animal diseases.

6. Responsibilities of the Minister of Agriculture and Rural development:

a) Promulgate the List of animal diseases subject to outbreak declaration; the List of diseases capable of transmitting between animals and humans; the List of diseases

b) Issue the compulsory prophylactic measures; veterinary hygiene standards and environmental hygiene in animal raising; requirements on animals/animal products for transporting out of epidemic zones;

c) Decide the use of veterinary drugs that have not been registered for sale in Vietnam for emergencies for prompt prevention and fighting against animal diseases;

d) Establish procedures and application documents for recognition of animal epidemic-free zone/establishment.

Article 16. Supervision of animal diseases

1. Supervision of animal diseases is for promptly discovery of diseases that are likely to cause serious damage to economy and society, pathogens of dangerous infectious animal disease and diseases capable of transmitting between animals and humans.

2. The animal disease supervision program shall be issued by competent agencies for a number of dangerous infectious animal diseases to encourage the owners of animals, owners of animal-raising establishments to be initiative in prevention and fighting against animal diseases.

3. Owners of animal-raising establishments shall:

a) Carry out the supervision of animal diseases in the establishment according to the guidance of veterinary authorities;

b) When participating in the animal disease supervision program prescribed in clause 2 of this Article, the owner of animal-raising establishment shall comply with the requirements of the veterinary authorities and may transport animals/animal products out of the epidemic zones according to the guidance of veterinary authorities;

c) Supervise and record the animal raising and prevention and fighting against animal diseases;

d) Report to the authorities and veterinary authorities if an animal is determined carrying pathogens on the List of animal diseases subject to outbreak declaration and the List of diseases capable of transmitting between animals and humans and take the handling measures according to the regulations.

4. The facilities in charge of conducting testing and diagnosing the animal disease shall report to the authorities and veterinary authorities if a pathogen on the List of animal diseases subject to outbreak declaration and the List of diseases capable of transmitting between animals and humans is determined.

5. Veterinary authorities shall:

a) Build up the animal disease monitoring program during the raising, transport, slaughter, trade or import of animals/animal products on the basis of the situation of the animal epidemics;

b) Initiatively inspect and collect specimens for animal disease monitoring;

c) Periodically or irregularly conduct supervision of infectious diseases capable of transmitting between animals in the wild and animals raised at wild animal-raising establishments, zoos, bird gardens, biodiversity sanctuaries, nature reserves;

d) On the basis of the supervising result and the epidemiological characteristics of animals, provide forecasts/warnings about a number of dangerous infectious animal diseases and provide guidelines for prevention and fighting against the diseases. If a disease capable of transmitting between animals and humans is discovered, the veterinary authority shall promptly reported to the medical agency of the same level and provide warnings for farmers and the community to initiatively isolate the infected animals and prevent the disease from transmitting to humans;

dd) Build up and manage the database system about the supervision of animal diseases and the information on forecast/warnings about animal diseases; accept and provide feedback on animal diseases;

e) Grant the certificates of participation in the program on animal disease monitoring ensuring the safety.

Article 17. Animal epidemic-free zones/establishments

1. Requirements for recognition as animal epidemic-free zones/establishments:

a) Conformable to the prophylactic measures specified in Article 14 and clauses 1, 2, 3, 4 and 5 Article 15 of this Law;

b) Carrying out the supervision of animal disease as prescribed in clause 3 Article 16 of this Law;

c) The animal disease applying for recognition has not been discovered for a time period regulated for specific disease and specific type of animal;

d) The veterinary activities on such zones/establishments can surely control the animal epidemic.

2. The animal epidemic-free zones/establishments shall receive incentives in the selection of provision of stud, animals and animal products.

3. The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this Article.

Article 18. Control and erasure of a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans

1. Programs and plans shall be built for the control and erasure of a number of dangerous animal infectious diseases, diseases capable of transmitting between animals and humans in different stage.

2. Contents of the control and erasure of a number of dangerous animal infectious diseases:

a) The conduction researches and inspections to discover pathogens of dangerous infectious animal diseases; the analysis and assessment of risk of animal diseases;

b) The early discovery of animal diseases to promptly stamp out the disease to avoid widely spreading;

c) The adoption of compulsory prophylactic measures to animals including using vaccine, cleansing, decontaminating, disinfecting the raising areas, destructing and compulsory slaughtering (applicable to infected animals) and other compulsory technical measures at the request of veterinary authorities;

d) The supervision of animal diseases and provide warnings about the spreading of the diseases;

dd) The propagation, provision of training and guidance for relevant organizations/individuals on prevention and fighting against a number of dangerous infectious animal diseases;

e) The enlargement and maintenance of animal epidemic-free zones/establishments.

3. Contents of the control and erasure of a number of diseases capable of transmitting between animals and humans:

a) The conduction of researches and inspections to discover the pathogens of diseases capable of transmitting between animals and humans;

b) The control of the pathogens to prevent the spread of the diseases;

c) The adoption of compulsory prophylactic measures to animals including using vaccine, cleansing, decontaminating, disinfecting the raising areas, destructing and compulsory slaughtering (applicable to infected animals) and other compulsory technical measures at the request of veterinary authorities and medical agencies;

d) The supervision of the diseases capable of transmitting between animals and humans; the establishment of a system providing information and warnings about the risk of transmission between animals and humans;

dd) The provision of information and report of the situation of the diseases between the veterinary authorities and the medical agencies in the fighting and handling of the diseases;

e) The propagation and provision of training and guidance for relevant organizations/individuals on the initiative prevention and fighting against the diseases capable of transmitting between animals and humans according to the guidance of veterinary authorities and medical agencies.

4. Responsibilities of the Minister of Agriculture and Rural development:

a) Build up programs and plans on control and erasure of a number of dangerous infectious animal diseases and diseases capable of transmitting between animals and humans and request the Prime Minister to approve;

b) Steer the implementation of the compulsory measures to control and erase the dangerous infectious animal diseases; diseases capable of transmitting between animals and humans;

c) Annually assess the situation of animal diseases, the control and erasure of animal diseases and report to the Prime Minister.

5. The Minister of Health shall preside over and cooperate with the Minister of Agriculture and Rural development in processing the information relating to diseases capable of transmitting between animals and humans; promptly organize the treatment for the infected people; provide the outbreak declaration according to the law provisions on prevention and fighting against infectious diseases.

6. The Minister of Finance shall ensure the finance for the programs/plans specified in point a clause 4 of this Article.

7. The President of the People’s Committee at all levels shall organize the implementation of programs/plans on control and erasure of a number of dangerous infectious animal diseases and diseases capable of transmitting between animals and humans.

Article 19. The report, diagnosis and inspection of animal diseases

1. Owners of domestic animals, owners of animal-raising establishments, individuals practicing veterinary service who discover animals being infected, dead or suspected of an infectious disease shall immediately report to veterinary staff of communes, People’s Committees of communes or the nearest veterinary authority .

2. Veterinary staff of communes who discovers or receives information about animals that are infected, dead or suspected of an infectious disease shall:

a) Examine the information, carry out clinical diagnosis, assist veterinary authority to collect the specimens;

b) Provide owners of domestic animals, owners of animal-raising establishments with guidance on the implementation of measures prescribed in clause 1 Article 25 and clause 1 Article 33 of this Law;

c) Report the cases to People’s Committees of communes, veterinary authorities of districts.

3. Veterinary authorities of districts that receive information about animals that are infected, dead or suspected of an infectious disease shall:

a) Verify the information, make clinical diagnosis

b) Harvest the specimens to discover pathogens;

c) Provide guidance on prevention and fighting against animal diseases;

d) Report the cases to People’s Committees of districts, veterinary authorities of provinces.

4. The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this Article.

Article 20. Treatment of animal diseases

1. Animals suspected of infection shall be examines, isolated and promptly treated, except for cases banned from treatment or slaughter and cases subject to compulsory destruction according to the regulations promulgated by the Minister of Agriculture and Rural development.

2. Any owners of domestic animals, owners of animal-raising establishments, veterinary staff of communes, individuals practicing as a veterinarian who treats animals in an epidemic hotspot or epidemic zones shall comply with the guidance of veterinary authorities; carry out the cleansing, decontamination and disinfection and comply with the regulations on prevention and fighting against the animal epidemic.

3. The use of veterinary drugs in the treatment for infected animals shall conform to the provisions of clause 1 Article 104 of this Law.

Article 21. Treatment of animals

1. Any organizations/individuals that raises or uses animals shall:

a) Carry out the management, care, bringing up and transport according to specific type of animals;

b) Reduce the pain, fright and treat the animals humanely during the raising, transport, slaughtering, destruction of animals and, the prevention and treatment for animals diseases and scientific research.

2. Any organizations/individuals raising animals for ornamental purposes or for biodiversity conservation shall take care of and bring up animals, promptly provide animals with prevention and treatment for animal diseases according to the regulations in this Law.

Article 22. Reserve and use of veterinary drugs on the List of national reserve goods

1. Regarding the reserve of veterinary drugs on the List of national reserve goods:

a) The Minister of Agriculture and Rural development shall request the Prime Minister to prescribed the quantity and types of national reserve veterinary drugs;

b) The veterinary drugs on the List of national reserve goods shall be managed and used according to the legislations on national reserve.

2. Regarding the use of veterinary drugs on the List of national reserve goods:

a) In case of natural disasters/animal diseases and according to the request of Presidents of the People’s Committees of provinces, the Minister of Agriculture and Rural development shall give decision on the dispersion of veterinary drugs on the List of national reserve goods for the prevention and fighting against the animal diseases with value appropriate to the competence in spending from the budget regulated by the Minister of Finance in the Law on the State budget and report to the Prime Minister, concurrently notify the Ministry of Finance about the dispersion of national reserve veterinary drugs; ultra vires cases shall be reported to the Prime Minister for consideration and decision.

b) Presidents of the People’s Committees of provinces shall direct the receipt, reserve and use of veterinary drugs on the List of national reserve goods for prompt and appropriate prevention and fighting against the animal diseases and report to the Minister of Agriculture and Rural development the results of the use of veterinary drugs on the List of national reserve goods that are provided for the local governments.

3. People's Committees of provinces shall allocate the reserve veterinary drugs from local budget to carry out the prevention and fighting against the animal diseases.

Article 23. Funds for the prevention and fighting against animal diseases

1. Funds for the prevention and fighting against animal diseases shall cover the expense on the following activities:

a) Prevention advertisement fighting against animal diseases;

b) Elimination of damage from animal diseases;

c) Remediation of animal-raising environment.

2. Funds for the prevention and fighting against animal diseases shall be subsidized by:

a) The State budget;

b) Owners of animals/animal-raising establishments;

c) Vietnamese or foreign organizations/individuals, international organizations and other lawful sources according to the laws.

3. The Government shall regulate the mobilization, management and use of funds for the prevention and fighting against animal diseases.

Article 24. Steering committee in charge of the prevention and fighting against animal diseases

1. Steering committee in charge of the prevention and fighting against animal diseases at all levels shall be established when the animal disease is declared.

2. The Prime Minister shall provide the regulations on the establishment and operation of the Steering committee in charge of the prevention and fighting against animal diseases at all levels.

Section 2. PREVENTION AND FIGHTING AGAINST DISEASES OF TERRESTRIAL ANIMALS

Article 25. Handling of epidemic hotspots of terrestrial animals

1. Responsibilities of owners of animals/animal-raising establishments:

a) Immediately isolate the infected animals or animals suspected of infection;

b) Do not slaughter, trade or dump infected animals, animals denoting infection, dead animals, animal products carrying diseases into the environment;

c) Carry out the cleansing, disinfection, decontamination, compulsory slaughter of infected animals, animals suspected of infection and dead animals according to the guidance of veterinary authorities and the legislations on environmental protection;

d) Provide accurate information about the animal diseases at the request of veterinary authorities and veterinary staff of communes;

dd) Facilitate the inspection of competent agencies.

2. Responsibilities of veterinary staff of communes:

a) Guide the owners of animals, owners of animal-raising establishments to comply with the regulations in clause 1 of this Article;

b) Carry out the prevention, fighting, diagnosis, treatment for animal diseases, harvest pathology specimens according to the guidelines of veterinary authorities;

c) Report to Presidents of People’s Committees of communes the situations of animal diseases.

3. Responsibilities of People’s Committees of communes:

a) Propagate the information about prevention and fighting against animal diseases in local areas;

b) Direct the veterinary staff of communes and relevant organizations/individuals to conduct inspections and supervisions of owners of animals/animal raising establishments in the isolation of infected animals, reckon up the amount of infected animals, animals susceptible to animal diseases, cooperate with veterinary authorities of communes in harvesting pathology specimens;

c) Organize the prevention of diseases by vaccine, provide fighting and treatment for animal diseases according to the guidelines of veterinary authorities;

d) Make decision and steer the destruction of animals in the epidemic hotspots; conduct the cleansing and decontamination of animals/animals products raising/slaughtering/trading areas;

dd) Control the transport of animals/animal products into or out of epidemic hotspot.

4. Responsibilities of People’s Committees of districts:

a) Allocate the funding for treating epidemic hotspots;

b) Request veterinary authorities of districts, steer the relevant specialized divisions to determine epidemic hotspots, issue announcement via means of media in local areas and provide guidelines for the implementation of veterinary hygiene measures in raising, slaughtering, transport and trade of animals/animal products;

c) Steer People’s Committees of communes to comply with the regulations on clause 3 of this Article.

5. People's Committees of provinces shall direct the inferior People’s Committees and relevant specialized divisions in the treatment of epidemic hotspots, allocate the funding, subsidize the owners of animals, owners of animal-raising establishments having animals subjects to destruction.

Article 26. Declaration about the epidemics of terrestrial animals

1. Principle of declaration about the epidemics of terrestrial animals:

a) The declaration about an animal epidemic shall be issued if the disease is subject to outbreak declaration and shall be issued intra vires, publicly, accurately and promptly;

b) Within 24 hours since the application for declaration on an animal epidemic is received, competent persons specified in clauses 4 and 5 of this Article shall issue the decision on the declaration on animal epidemic.

2. An epidemic of terrestrial animals shall be declared if all of the following conditions are met:

a) There is a hotspot of a disease on the List of animal diseases subject to outbreak declaration that tends to quickly spread out a large area or there is the discovery of a new agent of an infectious disease;

b) A diagnosis by an agency competent in animal disease diagnosing and testing is issued determining that the disease is on the List of animal diseases subject to outbreak declaration or is a new agent of an infectious disease.

3. The declaration about the diseases of terrestrial animals shall include:

a) The name of the disease or the new agent of an infectious disease; species of the infected animal;

b) The time when the animal epidemic occurs or the time when the new agent of the infectious disease is discovered;

c) The epidemic zones, high-risk zones, buffer zones;

d) Preventive measures for animal diseases.

4. Competence in issuance of the declaration about epidemics of terrestrial animals:

a) Presidents of People’s Committees of districts are in charge of giving decision on the announcement about animal epidemics on the basis of the request of veterinary authorities of districts if all the conditions specified in clause 2 of this Article are met and the epidemics occur within a district;

a) Presidents of People’s Committees of provinces are in charge of giving decision on the announcement about animal epidemics on the basis of the request of veterinary authorities of provinces if all the conditions specified in clause 2 of this Article are met and the epidemics occur in multiple districts in a province.

5. The Minister of Agriculture and Rural development are in charge of giving decision on the announcement about animal epidemics on the basis of the request of Department of Animal Health if all the conditions specified in clause 2 of this Article are met and the epidemics occur in multiples provinces; supervising, inspecting, expediting and monitoring the outbreak declaration of Presidents of People’s Committees of districts/provinces.

6. If the animal epidemic spreads out widely, seriously threatening human life or causes serious damage to economy and society, the Minister of Agriculture and Rural development shall report to the Prime Minister for requesting regulatory agencies to issue the declaration about the emergency according to the law provisions on emergency.

Article 27. Fighting against epidemics of terrestrial animals in epidemic zones

1. When issuing the declaration about an animal epidemic, persons competent to announcing the epidemic shall direct relevant organizations/individuals to:

a) Determine the limits of epidemic zones, epidemic threatened zones and buffer zones; place the signboards, checkpoints, guide the travel and transport of animals/animal products across the epidemic zones;

b) Forbid the irrelevant people from entering the areas having infected or dead animals; limit the travel into or out of the epidemic zones; apply prophylactic measures on animals according to the regulations;

c) Forbid the slaughter, transport or sale of animals susceptible to the declared animal epidemic and derivatives thereof in the epidemic zones, except for the transport of animals/animal products that is permitted according to the decision of the Minister of Agriculture and Rural development;

d) Immediately carry out the prevention using vaccine or apply the compulsory prophylactic measures on animals in the epidemic zone that are susceptible to the declared animal epidemic; provide treatment or carry out the compulsory slaughtering or destruction of infected animals or animal products carrying pathogens according to the guidelines of veterinary authorities;

dd) Conduct the cleansing, decontamination, disinfection of raising facilities, grazing areas for infected animals, equipment and tools used in animal raising and waste matters according to the guidance of veterinary authorities.

2. Responsibilities of the Minister of Agriculture and Rural development:

a) Direct People's Committees of provinces having epidemics to mobilize the resources in local areas to promptly raise a blockade, control and stamp out the epidemic, prevent the spread of the epidemic; supervise, monitor and expedite the fighting against the animal epidemic of People's Committees of provinces having epidemic;

b) Request the Prime Minister to give decision on the support to the prevention and fighting against animal diseases and provide the support;

c) Report to the Prime Minister the results of the prevention and fighting against animal epidemic, results of the implementation of the policies on support to the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising after the epidemic.

3. Responsibilities of People’s Committees of provinces:

a) Direct People’s Committees of districts, veterinary authorities of provinces and relevant agencies, organizations and individuals to take measures for preventing and fighting animal diseases; mobilize the local resources to carry out the prevention and fighting against animal diseases; conduct inspections of the prevention and fighting against animal diseases;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemic in local areas;

c) Direct the implementation of policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

d) Request the Minister of Agriculture and Rural development to request the Prime Minister to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Minister of Agriculture and Rural development the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

4. Responsibilities of People’s Committees of districts:

a) Direct and organize the performance of measures for prevention and fighting against animal diseases according to the direction of Presidents of the People’s Committees of provinces;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemic in local areas;

c) Carry out the policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

d) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Presidents of the People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

5. Responsibilities of People’s Committees of communes:

a) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of superior levels;

b) Direct the destruction of dead animals, infected animals; the compulsory slaughtering of infected animals; the cleansing, decontamination, disinfection;

c) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

d) Carry out the policies on prevention and fighting against animal diseases, elimination of the consequence of animal diseases, stabilization of human life and restoration of animal-raising activities in local areas;

dd) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Presidents of People’s Committees of districts the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of the animal raising in local areas.

6. Responsibilities of Department of Animal Health:

a) Provide local veterinary authorities with guidelines on measures for prevention and fighting against animal diseases; assist local governments in preventing and fighting against animal diseases, inspecting the epidemics, assessing the epidemic hotspots;

b) Determine the pathogens of animal infectious diseases, applicable to new infected cases with unidentified causes.

7. Local veterinary authorities are responsible for giving People’s Committees of the same levels advices and guidance on the implementation of measures for prevention and fighting against animal diseases, determination of damage from animal epidemic, supervising, collecting and assessing the effect of the prevention and fighting against animal diseases and making reports according to the regulations.

8. Responsibilities of veterinary staff of communes:

a) Comply with the direction of People’s Committees of communes and veterinary authorities in the prevention and fighting against animal epidemic;

b) Handle hotspots of animal disease according to the regulations in clause 2 Article 25 of this Law;

c) Provide guidance and participate in the implementation of measures of cleansing, decontamination and disinfection so as for preventing the spread of animal diseases;

d) Reckon up the number of animals that are being raised, animals that are infected, dead or destroyed according to the guidance of veterinary authorities.

9. Responsibilities of owners of animals/animal-raising establishments:

a) Treat epidemic hotspots according to the regulations in clause 1 Article 25 of this Law;

b) Take measures for prevention and fighting against animal diseases at the request of People’s Committees at all levels, veterinary authorities at all levels and veterinary staff of communes;

c) Pay the cost for the elimination and compensation for the damage from their violations against the laws on prevention and fighting against animal diseases according to the provisions of laws.

Article 28. Prevention and fighting against epidemics of terrestrial animals in high-risk zones

1. People’s Committees at all levels shall direct the relevant organizations to:

a) Control the transport into or out of high-risk zones the animals susceptible to the declared animal epidemics and products thereof;

b) Strictly control the slaughter and transport of animals/animal products in high-risk zones;

c) Organize the epidemic prevention by vaccine and take the compulsory prophylactic measures on animals susceptible to the declared animal epidemics;

d) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas.

2. If an animal epidemic occurs in the border region of the neighboring country, Presidents of the People’s Committees of provinces shall take the following measures and immediately report to the Minister of Agriculture and Rural development:

a) Issue an declaration of high-risk zone for the area within a radius of 5 km from the border and implement the measures specified in clause 1 of this Article;

b) Give decision on checkpoints and animals/animal products forbidden from transport through the checkpoints;

c) Give decision on the ban of transport of animals susceptible to the animal epidemic occurring in the neighboring country and products thereof in Vietnam’s territory within the epidemic period;

d) Direct the relevant agencies to conduct inspections and control strictly the activities relating to animals/animal products in high-risk zones; carry out the cleansing, decontamination, disinfection of people and vehicles across the checkpoints.

3. Responsibilities of owners of animals/animal-raising establishments:

a) Carry out the prevention of diseases by vaccine and other prophylactic measures for animal diseases according to the guidance of veterinary authorities;

b) Carry the cleansing, decontamination and disinfection of animal-raising areas, raising tools and raising environment;

c) Comply with the measures for prevention and fighting against animal disease at the request of competent agencies.

Article 29. Prevention and fighting against epidemics of terrestrial animals in buffer zones

1. People’s Committees at all levels shall direct the relevant organizations to:

a) Inspect and control the slaughter, transport and trade of animals/animal products;

b) Regularly supervise and monitor animals susceptible to the animal epidemic.

2. Guide the owners of animals, owners of animal-raising establishments to comply with the regulations in clause 3 Article 28 of this Law.

Article 30. Compulsory handling of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases

1. Compulsory handling measures for infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases include:

a) Compulsory destruction;

b) Compulsory slaughtering.

2. The Minister of Agriculture and Rural development, the President of the People’s Committee at all levels, within their tasks and powers, shall decide the handling measures specified in clause 1 of this Article.

3. The state shall subsidize the compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases. In specific stage, the Prime Minister shall detail the subjects and level of subsidies to the compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans.

4. Requirements of compulsory slaughtering of animals:

a) The compulsory slaughter of animals shall be carried out at slaughterhouses designated by veterinary authorities of provinces and all animal health measures shall be adopted in these houses in accordance with regulations;

b) Vehicles for transport of animals for compulsory slaughter must have close floors so that waste matters do not drop on road and shall be cleansed and disinfected immediately after transportation;

c) Slaughtering places, slaughtering tools, wastes of animals subjected to compulsory slaughter must be treated and disinfected immediately after slaughter;

d) Meat of animals subjected to compulsory slaughter must not be used fresh but must be treated to satisfy veterinary hygiene standards according to the regulation;

dd) Sub-products and other products of animals subjected to compulsory slaughter, bedding and waste matters of such animals shall be destroyed or buried.

5. The compulsory destruction/slaughtering of infected animals, animals suspected of being infected and animal products carrying pathogens on the List of animal diseases subject to outbreak declaration, the List of diseases capable of transmitting between animals and humans or newly discovered pathogens of infectious diseases shall comply with the law provisions on veterinary medicine, prevention and fighting against infectious diseases and environmental protection.

6. Owners of animals, owners of animal-raising establishments having animals subject to destruction/slaughtering shall:

a) Carry out the compulsory destruction/slaughtering of animals and consumption of animal products from compulsory slaughtering according to the guidance of veterinary authorities;

b) Comply with the regulations in clause 1 Article 25 of this Law.

7. Every year, People's Committees of provinces shall distribute the provisional fundings for the slaughter of animals, subsidies for owners of animals, owners of animal-raising establishments having animals subject to destruction to control the animal epidemic quickly and effectively without damage to the environment.

8. The Minister of Agriculture and Rural development shall provide guidance for clause 1, 4 and 5 of this Article.

Article 31. Declaration about the end of diseases of terrestrial animals

1. Conditions for declaration about the end of a disease of terrestrial animals:

a) Within the duration specified for particular disease from the day on which last infected animal die or are compulsorily destroyed, slaughtered or fully recover, there is not any other animal infected or dying of the declared epidemic;

b) Prevention by vaccine or other compulsory prophylactic measures have been adopted to animals susceptible to the declared animal epidemics in the epidemic zones/high-risk zones;

c) Cleansing and disinfection measures have been taken in epidemic and high-risk zones to satisfy the veterinary hygiene standards;

d) An application for declaration about the end of the animal epidemic has been made by a veterinary authority and appraised and approved by a superior veterinary authority.

The Minister of Agriculture and Rural development is responsible for detailing and providing guidance on this clause.

2. Persons competent to issue the declaration about animal epidemics specified in Article 26 of this Law are competent to issue the declaration about the end of the animal epidemics if all the conditions specified in clause 1 of this Article are satisfied.

Section 3. PREVENTION AND FIGHTING AGAINST DISEASES OF AQUATIC ANIMALS

Article 32. Observing and warning about aquaculture environment

1. Responsibilities of owners of animal-raising establishments:

a) Supervise, monitor and inspect the environmental criteria in aquaculture areas and records sufficiently the collected information/figures;

b) Present information and figures about environmental observation, prevention of epidemics of aquatic animals at the request of competent agencies.

2. Competent aquaculture specialized agencies shall preside over and cooperate with veterinary authorities in carrying out the following activities:

a) Build up and submit to competent authorities the plans on observing and warning about aquaculture environment for approval;

b) Carry out or cooperate with organizations/individuals in charge of observing aquaculture environment in carrying out the plans on observing and warning about aquaculture environment to promptly discover the disadvantaged signs of the environment to request the owners of aquaculture establishment to promptly make adjustment.

3. People's Committees of provinces shall grant approval, distribute fundings and direct the implementation of the plans on observation and warning about aquaculture environment.

4. Responsibilities of the Minister of Agriculture and Rural development:

a) Provide guidance and organize the observation, forecasting and warning about aquaculture environment; handling and elimination of environmental varies in raising areas;

b) Appoint the eligible organizations/individuals to participate in the observation and warning about aquaculture environment and send the results to veterinary authorities and aquaculture specialized agencies.

Article 33. Handling of hotpots of epidemic of aquatic animals

1. Responsibilities of owners of aquaculture establishments:

a) Do not discharge the untreated or unconformably treated waste water and waste matter to the environment;

b) Do not dump the infected animals, animals suspected of infectious diseases or dead animals to the environment;

c) Provide treatment, collect or treat the infected animals, animal suspected of infectious diseases or dead animals and take other measures according to the guidance of veterinary authorities;

d) Report the epidemics of aquatic animals according to the regulations in clause 1 Article 19 of this Law; provide information about epidemics of aquatic animals at the request of veterinary authorities and veterinary staff of communes;

dd) Conduct the cleansing, decontamination, disinfection of raising environment, aquaculture tools according to the guidance of veterinary authorities;

e) Treat and/or destroy aquatic animals to avoid the spread of epidemics;

g) Facilitate the inspection of competent agencies.

2. Responsibilities of veterinary staff of communes:

a) Comply with the regulations in points a and c clause 8 Article 27 of this Law; provide guidance and monitor the implementation of measures prescribed in clause 1 of this Article;

b) Reckon up and report the scale of aquaculture, the amount of animals; amount of aquatic animals being infected.

3. veterinary authorities shall conduct inspections, make reports and proposal for handling measures for hotspots of epidemics of aquatic animals specified in clauses 6 and 7 Article 27 of this Law.

4. Responsibilities of People’s Committees of communes:

a) Provide announcement promptly and exactly about the animal epidemic situations in local areas on the basis of the conclusions of regulatory bodies in charge of making diagnosis and testing for animal diseases on the List of animal diseases subject to outbreak declaration and according to the request of veterinary staff of communes;

b) Supervise and issue warnings about animal epidemic zones;

c) Propagate the prevention and fighting against animal epidemic in local areas; carry out the policies on subsidies for the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Direct the treatment, collection, handling or supervision of handling of infected animals; reckon up the aquaculture area, amount of infected animals; cleansing, decontamination, disinfection of environment in epidemic zones;

dd) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of districts;

e) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

g) Report to the Presidents of People’s Committees of districts the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic.

5. Responsibilities of People’s Committees of districts:

a) Provide announcement promptly and exactly about the animal epidemic situations in local areas on the basis of the conclusions of regulatory bodies in charge of making diagnosis and testing for animal diseases on the List of animal diseases subject to outbreak declaration and according to the request of veterinary authorities of districts;

b) Organize the prevention and handling of infected animals; cleansing, decontamination and disinfection of aquaculture environment according to the regulations for specific diseases;

c) Guide the owners of aquaculture establishments, people who sell, purchase or transport aquatic animals to implement the veterinary hygiene measures to prevent the spread of animal diseases;

d) Carry out the policies on subsidies for the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

dd) Organize the implementation of measures for prevention and fighting against animal diseases according to the direction of People’s Committees of provinces;

e) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

g) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

h) Report to the Presidents of People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against animal epidemics.

6. Responsibilities of People’s Committees of provinces:

a) Direct People’s Committees at all levels and relevant specialized divisions to handle epidemic hotspots;

b) Allocate fundings for the handling of animal epidemic diseases, assisting the owners of aquaculture establishments having animals that are infected, dead or subject to compulsory destruction.

Article 34. Declaration about epidemics of aquatic animals

1. The declaration of epidemics of aquatic animals shall comply with the principles and contents specified in clauses 1 and 3 Article 26 of this Law.

2. An epidemic of aquatic animals shall be declared if all of the following conditions are met:

a) There is a hotspot of a disease on the List of animal diseases subject to outbreak declaration that tends to quickly spread out a large area or there is the discovery of a new agent of infectious diseases;

b) A diagnosis by an agency competent in animal disease diagnosing and testing is issued determining that the disease is on the List of animal diseases subject to outbreak declaration or is a new agent of infectious disease;

c) An application for outbreak declaration is submitted by a veterinary authority of province.

3. Presidents of the People’s Committees of provinces shall decide the outbreak declaration of aquatic animals if all of the conditions specified in clause 2 of this Article are met.

Article 35. Fighting against epidemics of aquatic animals in epidemic zones

1. When issuing the declaration about an animal epidemic, persons competent to declaring the epidemic shall direct relevant organizations/individuals to:

a) Determine the limits of epidemic zones; place the signboards, guide the travel and transport of animals/animal products across the epidemic zones;

b) Limit the irrelevant people from entering the areas having infected animals or animals dying of the epidemic;

c) Control the transport of aquatic animals and products thereof into or out of epidemic zones; the prevention and treatment of aquatic animals;

d) Conduct the cleansing, decontamination, disinfection of raising facilities, equipment and tools used in aquaculture, waste water and waste matters from aquaculture according to the guidance of veterinary authorities.

2. The Minister of Agriculture and Rural development shall organize the prevention and fighting against the epidemics according to the regulations in clause 2 Article 27 of this Law.

3. Responsibilities of People’s Committees of provinces:

a) Direct veterinary authorities of provinces and relevant agencies, organizations and individuals to take measures for preventing and fighting animal diseases; mobilize the local resources to carry out the prevention and fighting against animal diseases;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

c) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Conduct inspections of the prevention and fighting against animal epidemics;

dd) Request the Minister of Agriculture and Rural development to request the Prime Minister to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Minister of Agriculture and Rural development the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture in local areas.

4. Responsibilities of People’s Committees of districts:

a) Direct and organize the implementation of measures for prevention and fighting against animal diseases according to the regulations;

b) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

c) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

d) Request Presidents of the People’s Committees of provinces to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

dd) Report to the Presidents of the People’s Committees of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture activities in local areas.

5. Responsibilities of People’s Committees of communes:

a) Organize the implementation of measures for prevention and fighting against animal diseases according to the regulations;

b) Supervise and handle infected aquatic animals according to the regulations;

c) Propagate and disseminate the measures for prevention and fighting against animal epidemics in local areas;

d) Carry out the policies on subsidies for the prevention and fighting against the epidemics, elimination of the consequence of the epidemic and restoration of aquaculture in local areas;

dd) Request Presidents of People’s Committees of districts to decide the subsidies on expenditure, materials and resources in case the requirement for prevention and fighting against animal diseases exceeds the capability of local government;

e) Report to the Presidents of the People’s Committees of districts and veterinary authorities of provinces the results of the prevention and fighting against animal epidemic and results of the implementation of the policies on subsidies on the prevention and fighting against the epidemic, elimination of the consequence of the epidemic and restoration of aquaculture activities in local areas.

6. veterinary authorities shall comply with the regulations on clauses 6 and 7 Article 27 of this Law.

7. Responsibilities of veterinary staff of communes:

a) Comply with the direction of People’s Committees and veterinary authorities in the prevention and fighting against animal epidemic;

b) Handle animal disease according to the regulations in clause 2 Article 33 of this Law;

c) Provide guidance and participate in the implementation of measures for cleansing, decontamination and disinfection so as for preventing the spread of animal diseases;

d) Harvest pathology specimens according to the guidance of veterinary authorities of districts.

8. Owners of aquaculture establishment shall comply with the regulations in clause 1 Article 33 of this Law.

9. If an aquaculture establishment located in an epidemic zone but not any animal has been discovered infected, the owner of such aquaculture establishment shall take the measures for preventing pathogens; intensify the observation and warning about environment, take care and increase the resistance of aquatic animals; carry out epidemic supervision to promptly discover infected animals.

Article 36. Declaration about the end of epidemics of aquatic animals

1. Conditions for declaration about the end of a disease of terrestrial animals:

a) There is not any new epidemic hotspot discovered since the last hotspot is handled according to the regulations applicable to specified diseases;

b) Compulsory prophylactic measures have been adopted to animals susceptible to animal diseases in epidemic zones;

c) Cleansing, decontamination and disinfection have been carried out satisfying the veterinary hygiene standards for epidemic zones;

d) An application for declaration about the end of the animal epidemic has been made by a veterinary authority of province and appraised and approved by Department of Animal Health.

2. Presidents of the People’s Committees of provinces shall issue the declaration of the end of animal epidemics if all the conditions specified in clause 1 of this Article are satisfied.

Chapter III

QUARANTINE OF ANIMALS/ANIMAL PRODUCTS

Section 1. QUARANTINE OF TERRESTRIAL ANIMALS AND PRODUCTS THEREOF

Section 37. General provisions on quarantine of terrestrial animals and products thereof

1. Animals/animal products on the List of terrestrial animals and products thereof subject to quarantine that are transported out of a province shall undergo quarantine once in the departure place in any of the following cases:

a) Such animals/animal products are departed from a collecting or trading establishment;

b) Such animals/animal products are departed from an animal-raising establishment that has not undergone animal epidemic supervision;

c) Preventive measures have not been adopted to such animals according to the regulations in clause 4 Article 15 of this Law or prevention by vaccine has been adopted to such animals but no longer effective;

d) Such animals/animal products are departed from an animal-raising establishment that has been certified animal epidemic-free establishment;

dd) Such animal products are departed from a preparation/processing establishment that has not undergone periodic inspections of veterinary hygiene;

e) Such animals/animal products are other than those specified in points b, c, d and dd of this clause but the quarantine is according to the request of the goods owner.

2. Animals/animal products on the List of terrestrial animals and products thereof subject to quarantine shall undergo quarantine before exporting at the request of importing countries, goods owners, before importing, temporarily importing, temporarily exporting or before transiting through Vietnam’s territory.

3. The Minister of Agriculture and Rural development shall issue:

a) List of terrestrial animals and products thereof subject to quarantine;

b) List of terrestrial animals and products thereof eligible for exemption from quarantine;

c) List of terrestrial animals and products thereof subject to risk analysis before importing into Vietnam;

d) List of organisms in terrestrial animals and products thereof subject to quarantine;

dd) Regulations on contents, application for quarantine of animals/animal products that are transported out of a province, exported, imported, temporarily imported, temporarily exported, transited through Vietnam’s territory and handed animals/animal products; leave marks, grant animal number, seal vehicles for transporting/containing animals/animal products subject to quarantine.

Article 38. Requirements for terrestrial animals and products thereof that are transported out of a province

1. Animals/animal products on the List of terrestrial animals and products thereof subject to quarantine that are transported out of a province shall satisfy the following conditions:

a) There is the Certificate of quarantine of animals/animal products issued by the veterinary authority of the departure place;

b) Animals are healthy, animal products shall satisfy the veterinary hygiene standards;

c) The transport must not cause the spread of animal diseases, must not damage people’s health.

2. Animals/animal products shall be transported and contained with vehicles ensuring the veterinary hygiene standards specified in Article 70 of this Law.

Article 39. Procedures for quarantine of terrestrial animals and products thereof that are transported out of a province

1. Quarantine of animals/animal products specified in clause 1 Article 37 of this Law shall be conducted as follows:

a) Any organizations/individuals transporting animals/animal products shall send an application for quarantine to a local veterinary authority ;

b) Within 01 working day from the day on which the application is received, the local veterinary authority shall decide and notify the applicant organization/individual about location and time of quarantine;

c) The quarantine shall include the clinical examination, diagnosis and testing of animals/animal products to discover subjects of quarantine and subjects of veterinary hygiene inspection;

d) Within 05 working days from the day on which the quarantine begins, if the animals/animal products are satisfactory, the local veterinary authority shall grant their owner the Quarantine Certificate; otherwise the veterinary authority shall make a response containing the explanation.

2. Animals/animal productions departed from establishments certified epidemic-free or participate in the program on supervision of epidemic or receive epidemic prevention by vaccine that is still effective or animal products departed from a preparation establishment/processing establishment receiving periodic inspection of veterinary hygiene shall undergo quarantine as follows:

a) Any organizations/individuals transporting animals/animal products shall send an application for quarantine to local veterinary authorities;

b) Within 01 working day from the day on which the application is received, the local veterinary authority shall grant the Quarantine Certificate.

Article 40. Animal quarantine stations at main roads

1. The quarantine of animals/animal products that are transported through main roads shall be carried out by animal quarantine stations. Animal quarantine stations at main roads shall have representatives specialized in police, market management, veterinary medicine.

2. Quarantine of animals/animal products at main roads shall include:

a) Examine the quantities and species of animals, categories of animal products according to the Quarantine Certificate; veterinary hygiene codes, marks or stamps; seals/lead seals of transport vehicles;

b) Inspect the health situation of animals; the veterinary hygiene of animal products, transport vehicles; the cleansing, decontamination and disinfection of vehicles;

c) Grant certificates of quarantine of animals/animal diseases if they are satisfactory; otherwise, the transport of animals/animal products shall be suspended and handled according to the law provisions.

3. The Minister of Agriculture and Rural development shall build up and grant approval for planning on animal quarantine stations at main roads nationwide.

4. People's Committees of provinces shall base on the planning prescribed in clause 3 of this Article to issue the decision on establishment and operation of quarantine of animals/animal products of animal quarantine stations at main roads in local areas.

Article 41. Quarantine of exported terrestrial animals and products thereof

1. Animals/animal products on the List of terrestrial animals and products thereof subject to quarantine shall undergo quarantine and be granted the Quarantine Certificate before exporting at the request of the importing country or the goods owner; if the importing country or the goods owner does not request the quarantine, the regulations on quarantine of terrestrial animals and products thereof that are transported out of a province shall be applied.

2. Department of Animal Health shall conduct the quarantine and grant the Quarantine Certificate according to Vietnamese legislation and the request of the importing country or the goods owner.

3. The quarantine of animals/animal products shall be conducted at the departure places or in quarantine areas at border gates according to the procedures and veterinary hygiene standards applicable to exported animals/animal products.

Article 42. Procedures for quarantine of exported terrestrial animals and products thereof

1. An application for quarantine of exported animals and products thereof shall include:

a) An application form for quarantine;

b) The veterinary hygiene standards of the importing country or the goods owner (if any);

c) The Form of Quarantine Certificate of a competent agency of the importing country (if any).

2. Procedures for quarantine of exported terrestrial animals and products thereof:

a) Any organizations and individuals exporting animals and/or animal products included in List of terrestrial animals and products thereof subject to quarantine shall submit to Department of Animal Health an application for quarantine as prescribed in clause 1 of this Article;

b) Within 01 working day from the day on which the satisfactory application is received, Department of Animal Health shall decide and notify the applicant organization/individual about location and time of quarantine;

c) Within 05 working days from the day on which the quarantine begins, if the animals/animal products are satisfactory, Department of Animal Health shall grant their owner the Quarantine Certificate; otherwise a written response containing the explanation shall be made.

3. If the importing country does not request the quarantine, the regulations in Article 39 of this Law shall be applied.

Article 43. Risk analysis for imported terrestrial animals and products thereof

1. Animals/animal products on the List of terrestrial animals and products thereof subject to risk analysis before importing into Vietnam shall undergo the risk analysis.

2. Department of Animal Health shall carry out the risk analysis on the basis of the information provided by agencies competent in veterinary medicine of the exporting country and other relevant information.

3. Pursuant to the result of risk analysis, Department of Animal Health shall decide the import of animals/animal products.

Article 44. Requirements for imported terrestrial animals and products thereof

1. Regarding animals:

a) Healthy; departed from zones/establishments that are recognized free from epidemic and dangerous diseases according to the regulations of World Organization for Animal Health and Vietnam Organization for Animal Health;

b) Granted the Quarantine Certificate by a competent agency of the exporting country that satisfies the veterinary hygiene standards of Vietnam.

2. Regarding animal products used as food:

a) Derived from animals satisfying the requirements specified in point a clause 1 of this Article;

b) Granted the Quarantine Certificate by a competent agency of the exporting country that satisfies the veterinary hygiene standards of Vietnam;

c) Slaughtered, prepared and/or processed at establishments that have registered for exporting to Vietnam.

3. Regarding animal products not used as food:

a) Derived from animals satisfying the requirements specified in point a clause 1 of this Article;

b) Granted the Quarantine Certificate by a competent agency of the exporting country that satisfies the veterinary hygiene standards of Vietnam;

c) If animal products are used for production of breed animals, such animal products shall be departed from zones/establishments that are free from epidemic and dangerous infectious diseases according to the regulations of World Organization for Animal Health and Vietnam Organization for Animal Health.

4. If necessary, Department of Animal Health shall monitor the isolation for quarantine; inspect and assess the system for management and supervision of animal epidemic and veterinary hygiene at the exporting country.

Article 45. Application and declaration of quarantine of imported terrestrial animals and products thereof

1. An application for quarantine of imported terrestrial animals and products thereof shall include:

a) An application for guidance on quarantine of imported animals and products thereof of organizations/individuals;

b) The application for quarantine of animals/animal products subject to management of other relevant regulatory agencies shall include the documents or the licenses according to the regulations.

2. Documents on quarantine declaration of imported terrestrial animals and products thereof shall include:

a) An declaration form of quarantine;

b) The Quarantine Certificate of the exporting country.

Article 46. Procedures for quarantine of exported terrestrial animals and products thereof

1. Any organizations and individuals importing animals and/or animal products included in List of terrestrial animals and products thereof subject to quarantine shall submit to Department of Animal Health an application for quarantine as prescribed in clause 1 Article 45 of this Law.

2. Within 05 working days from the day on which the satisfactory application specified in clause 1 Article 45 of this law is received, on the basis of the situation of the epidemic, the system of management of epidemic and veterinary hygiene of the exporting country, Department of Animal Health shall issue a written approval for quarantine of imported animals and products thereof and provide relevant organizations/individuals with guidance on quarantine of imported animals and products thereof; if the application is rejected, a written response shall be made containing the explanation.

If animals/animal products are initially imported into Vietnam or are exported from a country/region with high risk of animal epidemic, such animals/animal products shall undergo the risk analysis made by Department of Animal Health according to the regulations in Article 43 of this Law.

3. Within 01 working day from the day on which the satisfactory documents of quarantine declaration of animals and products thereof as prescribed in clause 2 Article 45 of this Law is received, Department of Animal Health shall decide and notify the applicant organization/individual about location and time of quarantine according to the regulations on Article 47 of this Law.

Article 47. Contents of quarantine of imported terrestrial animals and products thereof

1. Regarding imported animals, Department of Animal Health shall:

a) Examine the declaration of quarantine, health conditions of animals; if the documents on quarantine are satisfactory and animals do not denote infection by dangerous diseases, grant the certificate and transmit the animals to the isolated area for quarantine or to a place that is certified eligible for isolation for quarantine;

b) Supervise the animals at the isolated area or at a place eligible for isolation for quarantine; duration of isolation shall be specified for each species of animals and each diseases and shall not exceed 45 days from the day on which the quarantine begins;

c) Harvest the specimens from animals, take the compulsory prophylactic measures on animals according to the regulations;

d) Grant the Certificate of quarantine for import to animals that satisfy the veterinary hygiene standards and notify the veterinary authorities of the arrival place;

dd) Provide the goods owners with guidance on the implementation of measures for cleansing, decontamination and disinfection.

2. Regarding imported animal products, Department of Animal Health shall:

a) Examine the documents on quarantine declaration and real situation of goods, if the documents and goods are satisfactory, specimens shall be harvested for testing of veterinary hygiene criteria according to the regulations;

b) Grant the Certificate of quarantine for import to animal products that satisfy the veterinary hygiene standards and notify the veterinary authorities of the arrival place;

c) Provide the goods owners with guidance on the implementation of measures for cleansing, decontamination and disinfection.

3. If an animal/animal product is not satisfactory, a record shall be made and penalties shall be imposed according to the provisions of laws.

Article 48. Application for quarantine of animals and animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory

1. An application for quarantine shall include:

a) A written application for guidance on quarantine of animals and animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory of the applicant organization/individual;

b) A commercial contract;

c) The application for quarantine of animals/animal products subject to management of other relevant regulatory agencies shall include the documents or the licenses according to the regulations.

2. Documents for quarantine declaration shall include:

a) An declaration form;

b) The Quarantine Certificate of the exporting country.

Article 49. Procedures for quarantine of animals and animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory

1. Any organizations/individuals that carries out the temporary import, temporary export or transit through Vietnam of animals and/or animal products included in List of terrestrial animals and products thereof subject to quarantine shall submit to Department of Animal Health an application for quarantine as prescribed in clause 1 Article 48 of this Law.

2. Within 05 working days from the day on which the satisfactory application is received, on the basis of the situation of the epidemic, the system of management of epidemic and veterinary hygiene of the exporting country, Department of Animal Health shall provide the organization/individual with a written guidance on the quarantine of animals/animal products that are imported, temporarily exported or transited through Vietnamese territory.

3. At the checkpoints, within 01 working day from the day on which the satisfactory declaration prescribed in clause 2 Article 48 of this Law is received, Department of Animal Health shall decide and notify the applicant organization/individual about location and time of quarantine according to the regulations on Article 50 of this Law.

Article 50. Quarantine of animals and animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory

1. At the importing checkpoints, Department of Animal Health shall:

a) Examine the documents on quarantine and the real situation of goods;

b) Grant the Quarantine Certificates, except for the cases specified in clause 4 of this Article;

c) Affix seals/lead seals to vehicles used for transporting animals/animal products;

d) Provide goods owners with guidance and comply with regulations on veterinary hygiene during the storage and transport of animals/animal products within Vietnam’s territory; conduct cleansing, decontamination and disinfection of vehicles and the places of unloading;

dd) In case animals/animal products are transported by a container or another tightly-closed means, if the vehicle or the seal is detected having abnormal signs, Department of Animal Health may request goods owners to open containers or transport vehicles for re-inspection of veterinary hygiene under the witnessing of the customs authority and goods owner.

2. Goods owner who transports animals/animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory shall:

a) Comply with the guidance of Department of Animal Health during the storage and transport of animals/animal products within Vietnam’s territory; any change of transporting route or checkpoint shall be approved and verified by Department of Animal Health;

b) Must not unload goods or break the seals without permission, except for necessary cases. Any unloading of goods or break of seals shall be witnessed by a veterinary authority ; any change of vehicles shall be approved and verified by Department of Animal Health;

c) Must not let animals contact with other animals in water; animals shall be released for feeding, drinking or other special cases under the approval and supervision of the veterinary authority ;

d) Vehicles for transporting animals/animal products must prevent waste matters from dropping on the road. Bodies of dead animals, waste matters, bedding, left-over food and feeds, packages of animal products and other waste matters during the transportation shall be collected and treated according to regulations of Department of Animal Health.

3. At the exporting checkpoints, Department of Animal Health shall:

a) Check the Quarantine Certificates;

b) Check the seals/lead seals on vehicles used for transporting animals/animal products;

c) If goods are conformable to the Quarantine Certificate granted at the importing checkpoint, the Department of Animal Health shall grant the verification enabling goods owner to carry out the procedures for exporting goods out of Vietnam’s territory.

4. Must not grant the Quarantine Certificate to animals and animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory in any of the following cases:

a) Animals/animal products have been transported across a country/region having a animal disease which such animals are susceptible to;

b) The Quarantine Certificate of the exporting country is unconformable;

c) Animals are infected, suspected of infection; animal products carry dangerous pathogens according to the regulations of Vietnam's Law.

Article 51. Requirements for terrestrial animals used as participant in fairs, exhibitions, sport contests and art shows; products of terrestrial animals used as participant in fairs and exhibitions

1. Requirements for terrestrial animals used as participant in fairs, exhibitions, sport contests and art shows; products of terrestrial animals used as participant in fairs and exhibitions:

a) Have identified origin, free from pathogens;

b) Have undergone quarantine at the departure places and the arrival places according to the regulations.

2. During the fair/exhibition/sport contest/art show, the goods owner shall comply with the regulation on veterinary hygiene standards under the supervision of local veterinary authority .

3. When the fair/exhibition/sport contest/art show finished, local veterinary authority shall guide the cleansing, decontamination and disinfection of animal/animal product concentrated areas; conduct inspections and grant the Quarantine Certificates to animals/animal products satisfying the veterinary hygiene standards for transport and domestic use; goods owners wishing to export their animals/animal products out of Vietnam shall carry out the procedures according to the regulations on quarantine for export.

Article 52. Transport of pathology specimens

1. Any organizations/individuals wishing to transport into or out of Vietnam a pathology specimen shall send an application for permission for transport to Department of Animal Health.

2. Pathology specimens sent to testing establishments shall be packaged, preserved and transported according to the regulations, ensuring the veterinary hygiene standards that ensuring not to spread the pathogens or cause environment pollution.

3. Pathology specimens than are not permitted to transported into Vietnam or pathology specimens that are not packaged, preserved and/or transported according to the regulations, not conforming with the veterinary hygiene standards and likely to spread and cause environment pollution shall be destroyed according to the law provisions on veterinary medicine, prevention and fighting against infectious diseases and protection of the environment.

Section 2. QUARANTINE OF AQUATIC ANIMALS AND PRODUCTS THEREOF

Section 53. General provisions on quarantine of aquatic animals and products thereof

1. Animals/animal products on the List of aquatic animals and products thereof subject to quarantine that are transported out of a province shall undergo quarantine once in the departure place in any of the following cases:

a) Such animals/animal products are departed from an area that is declared to be an epidemic zone by a competent agency;

b) Such animals/animal products are departed from a collecting or trading establishment;

c) Such animals that are used as breeds are departed from aquaculture establishment that has not been recognized epidemic-free establishment or has not undergone epidemic supervision according to the regulations;

d) Such animals/animal products are other than those specified in points a, b and c of this clause but the quarantine is according to the request of the goods owner.

2. Animals/animal products on the List of aquatic animals and products thereof subject to quarantine shall undergo quarantine before exporting at the request of importing countries, goods owners, before importing, temporarily importing, temporarily exporting or before transiting through Vietnam’s territory.

3. The Minister of Agriculture and Rural development shall issue:

a) List of aquatic animals and products thereof subject to quarantine, List of aquatic animals and products thereof eligible for exemption from quarantine;

b) List of aquatic animals and products thereof subject to risk analysis before importing into Vietnam;

c) List of organisms in terrestrial animals and products thereof subject to quarantine;

d) Regulations and guidance on documents on quarantine of aquatic animals and products thereof which are transported out of a province, exported, imported, temporarily imported, temporarily exported or transited through Vietnamese territory.

Article 54. Requirements for aquatic animals and products thereof that are transported out of a province

1. Animals/animal products on the List of aquatic animals and products thereof subject to quarantine that are transported out of a province shall satisfy the following conditions:

a) Have the Certificate of quarantine of aquatic animals and products thereof issued by the veterinary authority of the departure place;

b) Animals shall be healthy, animal products shall satisfy the veterinary hygiene standards;

c) Must not cause the spread of animal diseases, must not damage people’s health.

2. Animals/animal products shall be transported and contained with vehicles ensuring the veterinary hygiene standards specified in Article 70 of this Law.

Article 55. Procedures for quarantine of aquatic animals and products thereof that are transported out of a province

1. Quarantine of aquatic animals and products thereof specified in clause 1 Article 53 of this Law shall be conducted as follows:

a) Any organizations/individuals transporting aquatic animals and products thereof shall send an application for quarantine to local veterinary authorities;

b) Within 01 working day from the day on which the application is received, the local veterinary authority shall decide and notify the applicant organization/individual about location and time of quarantine;

c) The quarantine shall include the clinical examination, diagnosis and testing of animals/animal products to discover subjects of quarantine and subjects of veterinary hygiene inspection;

d) Within 03 working days from the day on which the quarantine begins, if the animals/animal products are satisfactory, the local veterinary authority shall grant their owner the Quarantine Certificate; otherwise the veterinary authority shall make a response containing the explanation.

2. Quarantine of aquatic animals used as breed that are departed from epidemic-free establishment or undergone the epidemic supervision:

a) Any organizations/individuals transporting aquatic animals used as breed shall send an application for quarantine to local veterinary authorities;

b) Within 01 working day from the day on which the application is received, the local veterinary authority shall grant the Quarantine Certificate.

Article 56. Procedures and contents of quarantine of aquatic animals and products thereof that are exported not for use as food

The quarantine of aquatic animals and products thereof on the List of aquatic animals and products thereof subject to quarantine that are exported not for use as food shall comply with the regulations in Articles 41 and 42 of this Law.

Article 57. Procedures for quarantine of aquatic animals and products thereof that are exported for use as food

1. Any organizations/individuals wishing to export aquatic animals and products thereof on the List of aquatic animals and products thereof subject to quarantine for use as food shall submit an application for quarantine to a competent agency. The application shall include:

a) An application form for quarantine;

b) Requirements on quarantine of importing countries (if any);

c) The application for quarantine of animals/animal products subject to management of other relevant regulatory agencies shall include the documents or the licenses according to the regulations;

d) The certificate of being epidemic-free granted by the aquaculture establishment where the aquatic animals and products thereof are departed from (if any).

2. When the application of the organization/individual is received, the competent agency shall conduct the quarantine of animals/animal products as follows:

a) Examine the quantity, species, package of animals/animal products;

b) Examine the sign of infection by animal diseases;

c) Harvest the specimens at the aquaculture establishment where the animals/animal products are departed from at the request of the importing countries (if any), except for the diseases that have been recognized being epidemic-free;

d) Within 01 working day from the day on which the specimens are harvested (if any), the agency in charge of quarantine shall send the specimen to the appointed laboratory for testing for the diseases;

dd) Within 03 working days from the day on which the specimens are received, the laboratory shall notify agency in charge of quarantine of the result of the testing.

3. The granting of Quarantine Certificates shall be carried out as follows:

a) If it is not required to harvest specimens, the agency in charge of quarantine shall grant the Export quarantine certificate within 01 working day from the day on which the examination result is received;

b) If it is required to harvest specimens, the agency in charge of quarantine shall grant the Export quarantine certificate within 01 working day from the day on which the testing result is received;

c) If the goods owner request replacement of the Quarantine Certificate, the agency in charge of quarantine shall examine the goods and grant the replacement.

Article 58. Procedures and contents of quarantine of aquatic animals and products thereof that are imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; aquatic animals used as participant in fairs, exhibitions, sport contests, art shows; products of aquatic animals used as participant in fairs, exhibitions; transport of pathology specimens of aquatic animals and products thereof

The quarantine of aquatic animals and products thereof that are imported, temporarily imported, temporarily exported, transited through Vietnam’s territory; aquatic animals used as participant in fairs, exhibitions, sport contests, art shows; products of aquatic animals used as participant in fairs, exhibitions; transport of pathology specimens of aquatic animals and products thereof shall comply with the regulations in Articles 44, 45, 46, 47, 48, 49, 50, 51 and 52 of this Law.

Section 3. RESPONSIBILITIES AND POWER OF ORGANIZATIONS AND INDIVIDUALS IN QUARANTINE OF ANIMALS AND PRODUCTS THEREOF

Article 59. Responsibilities and power of Department of Animal Health

1. Responsibilities of Department of Animal Health:

a) Cooperate with competent veterinary agency of the country exporting animals/animal products in conducting the inspection at the exporting country or request the quarantine according to the regulations of the importing country;

b) Decide the handling measures; supervise the handling of animals/animal products subject to quarantine for export/import that not satisfy the veterinary hygiene standards;

c) Cooperate with relevant agencies in handling the animals/animal products subject to quarantine that is unowned or have unidentified origin imported into Vietnam;

d) Provide the information about quarantine of animals/animal products for relevant countries if there is request.

2. Power of Department of Animal Health:

a) Request the competent veterinary agency of the country exporting animals/animal products in to provide the relevant information and cooperate in conducting inspections at the exporting country;

b) Refuse to import animals/animal products unconformable to veterinary hygiene standards according to the regulations;

c) Request the goods owner to handle the imported animals/animal products that are unconformable to veterinary hygiene standards;

d) In case of necessity, Department of Animal Health shall authorize the veterinary authority of province to conduct the quarantine and grant the Certificate of quarantine for export/import/temporary import/temporary export/transit through Vietnam of animals/animal products at a number of checkpoints.

Article 60. Responsibilities and power of local veterinary authorities

1. Conduct quarantine of animals/animal products which are temporarily imported, temporarily exported or transited through Vietnamese territory with the authority given by Department of Animal Health.

2. Give decision on the handling measures; supervise the handling of animals/animal products; request handling of animals/animal products unconformable to veterinary hygiene standards; request goods owners to pay the costs.

Article 61. Suspension of export/import; ban on export/import of animals/animal products

1. The Minister of Agriculture and Rural development shall issue a decision in a suspension of export/import or a ban on export/import in any of the following cases:

a) Animals/animal products that are imported are determined carrying dangerous infectious diseases, likely to cause the spread of the disease to animals that are raised in water, badly damaging people's health; animals/animal products that have incurred warning or unconformable to Vietnam’s regulations; seriously affect the export of Vietnam;

b) Exported animals/animal products that are unconformable to veterinary hygiene standards, imposed warning by the importing country, likely to badly affect the exporting market of Vietnam.

2. If the risks prescribed in clause 1 of this Article are remedied, the export/import of animals/animal products may be continued.

3. The Government shall provide the guidance on this Article.

Article 62. Responsibilities and power of animal quarantine cadres

1. Conduct the quarantine of animals/animal products according to the regulations in this Law; comply with the professional procedures for quarantine and take responsibilities for the implementation of their tasks and power; animal quarantine cadres shall wear uniforms, badges, insignias and animal quarantine cadre’s cards.

2. Request goods owner to provide relevant documents that are necessary for quarantine activities.

3. Provide guidance and supervision of the transport of animals/animal products to isolated places/isolated zones for quarantine; the cleansing, decontamination and disinfection of vehicles and containers.

4. Conduct inspections and harvest specimens during the quarantine according to the regulations.

Article 63. Rights and obligations of goods owners

1. Rights of goods owners:

a) Goods owners shall be provided with information about quarantine of animals/animal products;

b) Goods owners shall be provided with guidelines for discovering the factors harmful to animals/animal products and measures for cleansing, decontamination and disinfection by veterinary authorities;

c) Goods owners may request veterinary authorities to conduct the quarantine of animals/animal products specified in point e clause 1 Article 37 of this Law, except for the cases exceeding the capability of the veterinary authorities;

d) Goods owners may make complaints about the result of quarantine and the decisions of the veterinary authorities.

2. Obligations of goods owners:

a) Comply with the regulations in this Law and relevant law provisions in the quarantine of animals/animal products;

b) Enable the veterinary authorities to conduct the quarantine of animals/animal products;

c) Provide necessary information for the quarantine at the request of veterinary authorities;

d) Take responsibilities for caring of animals, preserving animal products, vehicles, contents of declaration of quarantine; satisfy the veterinary hygiene standards, environmental hygiene during the gathering and transport of animals/animal products according to the regulations;

dd) Promptly report to the nearest veterinary authorities when a strange disease is discovered or animals are suspected of infection, animal products carry pathogens of a disease on the List of animal diseases subject to outbreak declaration;

e) Do not swap, change the quantity of animals, amount of animal products that have undergone quarantine; do not add, erase or adjust the content of the Certificate of quarantine of animals/animal products;

g) Do not break the seals or change the transport vehicles and place of transport of animals/animal diseases or adjust the number marked on animals during the transportation without permission;

h) Pay the cost for the handling and compensate the damage from the violations against the law provisions on quarantine of animals/animal products;

i) Pay fees and charges for quarantine of animals/animal products according to the law provisions.

Chapter IV

CONTROL OF THE SLAUGHTER OF TERRESTRIAL ANIMALS; PREPARATION/PROCESSING OF ANIMAL PRODUCTS; INSPECTION OF VETERINARY HYGIENE

Section 1. CONTROL OF THE SLAUGHTER OF TERRESTRIAL ANIMALS

Article 64. Requirements for the slaughter or terrestrial animals for business

1. Animals on the List of animals subject to slaughtering control shall undergo slaughtering control of the veterinary authority according to the regulated procedures.

2. The slaughter of animals shall be carried out at concentrated slaughterhouses ensuring veterinary hygiene standards specified in clause 1 Article 69 of this Law.

Regarding the rural areas, highlands, islands, ethnic minority areas and areas facing socio-economic difficulties without concentrated slaughterhouses, the slaughter shall be conducted at small slaughterhouses and shall satisfy the veterinary hygiene standards specified in clause 2 Article 69 of this Law.

3. Animals on the List of animals subject to slaughtering control that are slaughtered shall be healthy, ensuring the veterinary hygiene standards and shall be treated according to the regulations in point b clause 1 Article 21 of this Law.

Section 65. Contents of control of slaughter of terrestrial animals

1. Inspect the compliance with the veterinary hygiene standards applicable to animal slaughter.

2. Inspect the compliance with veterinary hygiene standards applicable to slaughterhouses according to the regulations in clauses 1 and 2 Article 69 of this Law.

3. Inspect the implementation of regulations applicable to people who directly slaughter animals.

4. Conduct inspection before and after slaughtering to discover factors causing disease and/or harm to animal, human and environment.

5. Handle the animals/animal products that are unconformable to veterinary hygiene standards.

6. Affix seals or slaughtering control marks on meat or stick veterinary hygiene stamps; grant the Certificate of quarantine of animal products transported out of a province.

Section 2. CONTROL OF PREPARATION OF ANIMALS/ANIMAL PRODUCTS

Article 66. Veterinary hygiene standards for the preparation/processing of animals and products thereof

1. The veterinary hygiene inspection is carried out by a veterinary authority during the preparation/processing of animals and products thereof.

2. Any establishments performing preparation/processing of animals/animal products satisfy the veterinary hygiene standards specified in clauses 3 and 4 Article 69 of this Law and the law provisions on food safety.

Section 67. Contents of the control of preparation/processing of animals/animal products

1. Inspection of the compliance with veterinary hygiene standards applicable to establishments performing the preparation/processing of animals/animal products according to the regulations in clauses 3 and 4 Article 69 of this Law.

2. Inspection of the implementation of regulations applicable to people who directly perform the preparation/processing of animals/animal products.

3. Handling of animals/animal products that are unconformable to veterinary hygiene standards and food safety standards.

Section 3. VETERINARY HYGIENE INSPECTION

Article 68. General provisions on veterinary hygiene inspection

1. Veterinary hygiene inspection shall be carried out during the raising, transport, slaughter of terrestrial animals, preparation, processing, preservation and trading of animals and products thereof.

2. veterinary authorities shall carry out the inspection and supervision of veterinary hygiene standards for subjects on the List of subjects of veterinary hygiene inspection ; analysis of risks, access to origin of animals and products thereof.

3. Contents of veterinary hygiene inspection:

a) Inspection, assessment of the compliance with veterinary hygiene standards for subjects of veterinary hygiene inspection;

b) Implementation of technical measures to discover subjects of veterinary hygiene inspection;

c) Conclusion and handling according to the law provisions.

Article 69. Veterinary hygiene standards for establishments that carry out slaughter of terrestrial animals ; establishments that carry out preparation/processing animal products.

1. Regarding concentrated slaughterhouses :

a) The location conforms with the planning of local government:

b) Specialized areas are separated from each other to avoid cross-contamination;

c) Equipment, tools and water used for slaughtering animals satisfy veterinary hygiene standards;

d) There is a sewage treatment system conformable to the law provisions on environmental protection to ensure epidemic safety;

dd) People who directly slaughter animals comply with the regulations on health and hygiene procedures during the slaughtering activity.

2. Regarding small slaughterhouses:

a) Location of such slaughterhouses shall be separate from toxic and polluting sources ;

b) Equipment and tools shall be suitable for slaughtering, not toxic or polluting to animal products;

c) There shall be sufficient water to ensure veterinary hygiene for the slaughter of animals;

d) Measures for collecting and treating waste water and waste matters that are conformable to the law provisions on environmental protection and the requirements for epidemic safety;

dd) People who directly slaughter animals shall comply with the regulations on health and hygiene procedures during the slaughtering activity.

3. Establishments that carry out the preparation/processing of animals/animal products for business:

a) The establishments shall have appropriate location and area and shall have a safe distance from toxic/polluting sources and other harmful factors;

b) Specialized areas shall be designed separate from each other to avoid cross-contamination;

c) Equipment and tools shall satisfy the veterinary hygiene standards;

d) There shall be sufficient water to ensure technical standards for the preparation/processing of animal products;

dd) Sewage treatment systems safety conformable to the law provisions on environmental protection shall be equipped to ensure epidemic;

e) The preparation/processing procedures shall protect products from cross-contamination or contact with polluting or toxic elements;

g) People who directly perform the preparation/processing of animal products shall comply with the regulations on health and hygiene procedures during the preparation/processing activities.

4. Small establishments that carry out the preparation/processing of animals/animal products:

a) There shall be an appropriate distance from harmful elements to prevent animal products from being polluted;

b) Equipment and tools shall satisfy the veterinary hygiene standards;

c) There shall be sufficient water to ensure technical standards for the preparation/processing of animal products;

d) Measures for collecting and treating waste water and waste matters conformable to the law provisions on environmental protection and the requirements for epidemic safety shall be taken;

dd) People who directly perform the preparation/processing of animal products shall comply with the regulations on health and hygiene procedures during the preparation/processing activities.

Article 70. Veterinary hygiene standards in transport of animals and products thereof

1. Regarding vehicles for transport of animals:

a) Ensuring technical safety to protect animals during the transportation;

b) Prevent wastewater and waste matters from being discharged into the environment during the transportation;

c) Easy for cleansing, decontamination and disinfection;

d) Closed vehicles shall have appropriate oxygenators or ventilating systems.

2. Regarding vehicles and containers of animal products:

a) Ensuring technical safety to ensure that quality of animal products is not badly affected during the transportation ;

b) The inside of animal product containers shall be made of stainless and easy to cleanse and disinfect;

c) Animal product containers shall be closed to prevent products from being contaminated by outside environment and vice versa;

d) Satisfying the requirements of preservation in terms of temperature for specific type of animal products during the transportation.

3. Measures for collecting and treating waste water and waste matters that are conformable to the law provisions on environmental protection shall be taken during the transportation to ensure epidemic safety.

Article 71. Veterinary hygiene standards applicable to animal markets and animal collecting establishments

1. Regarding animal markets:

a) Location shall conform with the planning of local government:

b) Animals shall be kept in separate areas;

c) Equipment, tools and water shall satisfy the veterinary hygiene standards;

d) Measures for collecting and treating waste water and waste matters safety that are conformable to the law provisions on environmental protection shall be taken to ensure epidemic;

dd) Cleansing, decontamination and disinfection shall be carried out according to the regulations.

2. Regarding small animal markets:

a) Located separately from other branches;

b) Convenient for cleansing, decontamination, disinfection and collection and treatment of waste water, waste matters.

3. Animal collecting establishments:

a) Their locations shall be distant from residential areas, raising establishments and public works;

b) Animals shall be kept in separate areas;

c) Equipment, tools and water shall satisfy the veterinary hygiene standards;

d) Measures for collecting and treating waste water and waste matters that are conformable to the law provisions on environmental protection and the requirements for epidemic safety shall be taken.

Article 72. Veterinary hygiene standards applicable to establishment trading in animal products

1. Establishments trading animal products:

a) Things used for display, sale and containing of animal products shall be made of stainless materials so as not to badly affect the quality of products and shall be easy for cleansing, decontamination and disinfection;

b) Appropriate preservation measures shall be taken to prevent animal products from losing food safety and degeneration;

c) Location and things used for trading of animal products shall be carefully cleansed before, while and after the sale of animal products and shall be periodically decontaminated and disinfected;

d) Warehouses, equipment for preservation of animal products shall comply with the regulations according to corresponding technical standards;

dd) Measures for collecting and handling waste water and waste matters safety that are conformable to the law provisions on environmental protection shall be taken during the trading of animal products to ensure epidemic.

2. Establishment trading animal products for use as food shall satisfy the veterinary hygiene standards specified in clause 1 of this Article and shall comply with the legislations on food safety.

Article 73. Veterinary hygiene standards applicable to establishments performing testing, diagnosis and surgery for animals

1. Establishments providing testing and diagnosis of animals:

a) Their locations shall be distant from residential areas and public works;

b) There shall be sufficient appropriate facilities, equipment, tools and chemicals;

c) Animals shall be kept in separate places;

d) Measures for collecting and treating waste water and waste matters that are conformable to the law provisions on environmental protection and the requirements for epidemic safety shall be taken.

2. Animal surgery establishments:

a) Area, facilities, equipment, tools and chemicals shall be sufficient;

b) There shall be places to keep animal before and after the surgery;

c) Measures for collecting and treating waste water and waste matters that are conformable to the law provisions on environmental protection and the requirements for epidemic safety shall be taken.

Section 4. RESPONSIBILITIES OF IN THE CONTROL OF THE SLAUGHTER OF TERRESTRIAL ANIMALS; PREPARATION, PROCESSING OF ANIMALS AND PRODUCTS THEREOF; VETERINARY HYGIENE INSPECTION

Article 74. Regarding the Minister of Agriculture and Rural development

The Minister of Agriculture and Rural development shall promulgate:

1. National technical regulations on veterinary hygiene standards applicable to entities subject to veterinary hygiene inspection; establishments providing testing, diagnosis and surgery for animals; establishments carrying out the slaughter, preparation, processing of animals and products thereof;

2. The List of animals subject to slaughtering control; the List of entities subject to veterinary hygiene inspection; the List of subjects of veterinary hygiene inspection;

3. Procedures for animal slaughtering control; procedures and documents for veterinary hygiene inspection; sample of marks of slaughtering control, stamp of veterinary hygiene; regulations on the treatment of animals/animal products unconformable to veterinary hygiene standards.

Article 75. Responsibilities of veterinary authorities

1. Provide guidance, conduct inspections and monitor the implementation of regulations on veterinary hygiene standards applicable to entities subject to veterinary hygiene inspection, subjects of veterinary hygiene inspection.

2. Provide guidance on the implementation of handling measures for entities subject to veterinary hygiene inspection that are unconformable.

3. Provide professional training in slaughtering control and veterinary hygiene inspection.

4. Department of Animal Health shall be in charge of controlling the slaughter of terrestrial animals for export.

5. Local veterinary authorities shall be in charge of controlling the slaughter of terrestrial animals for domestic consumption.

Article 76. Responsibilities of People’s Committees at all levels

1. Responsibilities of People’s Committees of provinces:

a) Promulgate the regulations, policies and guidance on the slaughter, and the control of the slaughter of terrestrial animals; preparation, processing, transport and trade of animals and products thereof; veterinary hygiene inspection;

b) Steer the formulation of master plans for concentrated animal slaughter and formulation of plans on concentrated animal slaughter;

c) Steer the relevant specialized divisions to cooperate in the management of slaughter and the control of the slaughter of terrestrial animals; preparation, processing, transport and trade of animals and products thereof and veterinary hygiene in local areas; propagate and disseminate the law provisions on veterinary medicine;

d) Steer the organization in charge of inspecting and handling violations against the regulations on the slaughter, and the control of the slaughter of terrestrial animals; preparation, processing, transport and trade of animals and products thereof and veterinary hygiene in local areas.

2. Responsibilities of People’s Committees of districts:

a) Cooperate with relevant specialized divisions in carrying out the planning of concentrated animal slaughterhouses;

b) Manage the operation of concentrated animal slaughterhouses; the preparation, processing, transport and trade of animals, animal products and veterinary hygiene in local areas;

c) Comply with the regulations on points a and d clause 2 Article 9 of this Law.

3. Responsibilities of People’s Committees of communes:

a) Cooperate with competent agencies in the management of concentrated slaughter of animal; the preparation, processing, transport and trade of animals, animal products and veterinary hygiene in local areas;

b) Manage the operation of small slaughterhouses:

Article 77. Responsibilities of relevant organizations/individuals

1. Comply with the regulations on veterinary hygiene standards in the slaughter, preparation, processing of animals and products thereof.

2. Retain the documents and information necessary for accessing to origin of animals/animal products.

Chapter V

MANAGEMENT OF VETERINARY DRUGS

Section 1. MANAGEMENT AND REGISTRATION OF VETERINARY DRUGS

Article 78. General provisions on management of veterinary drugs

1. Veterinary drug shall undergo quality management according to the technical standards.

2. Veterinary drugs satisfying the requirements for quality according to the technical standards shall be granted Certificate of sale of veterinary drugs in Vietnam.

3. Any organizations/individuals importing veterinary drugs specified in clauses 1, 2 and 3 Article 100 of this Law shall obtain the import license and shall use such drugs according to the purposes written in the import license.

4. The Minister of Agriculture and Rural development shall promulgate:

a) The technical standards for veterinary drugs;

b) The List of veterinary drugs permissible for sale in Vietnam;

c) The List of veterinary drugs that are banned in Vietnam;

d) Regulations on label, documents about the testing, production, trade, import and sale of veterinary drugs.

5. The Government shall detail the requirements for productions, trade, import, analysis and testing of veterinary drugs.

Article 79. Veterinary drugs sale banned from registration

1. Veterinary drugs on the List of veterinary drugs that are banned in Vietnam.

2. Veterinary drugs that have high risks of harmfulness to people’s health, animal’s health and the environment.

3. Veterinary drugs that are concluded violating the intellectual property rights by competent agencies.

4. Organizations/individuals registering for sale of veterinary drugs that adjust unpromptly the documents or use fake documents in the registration process.

5. Organizations/individuals registering for sale of veterinary drugs that use fake seals, forge the signatures or seals of relevant organizations/individuals in the documents of registration for sale of veterinary drugs.

Article 80. Registration for sale of veterinary drugs

1. Any organization/individual producing or importing veterinary drugs shall register with Department of Animal Health for sale in any of the following cases:

a) Such veterinary drugs are newly produced in Vietnam;

b) Such veterinary drugs are initially imported into Vietnam for trading and producing.

2. An application for the Certificate of sale of veterinary drugs shall include:

a) An application form;

b) Technical documents, sample of the label of drug;

c) Reports on results of the analysis of product quality made by manufacturer; results of the testing of quality of veterinary drugs made by a laboratory in Vietnam that is appointed; results of the testing of the effect and safeness of veterinary drugs, applicable to drugs subject to testing.

d) The GMP Certificates or the Certificate of eligibility for producing veterinary drugs or the Certificate of eligibility for importing veterinary drugs; the Certificate of sale of veterinary drugs granted by a competent agency of the producing country, applicable to imported drugs.

3. Procedures for the granting of the Certificate of sale of veterinary drugs:

a) Organizations/individuals shall submit the application to Department of Animal Health;

b) Within 06 months from the day on which the satisfactory application is received, Department of Animal Health shall examine the documents and grant the Certificate of sale of veterinary drugs; if the application is rejected, Department of Animal Health shall make a written response containing the explanation.

4. Effective duration of a Certificate of sale of veterinary drugs is 05 years.

Article 81. Extension of the Certificate of free sale of veterinary drugs

1. 03 months before the expiration of the Certificate of sale of veterinary drugs, organizations/individuals wishing to extend the effect of the certificate shall submit the application for extension.

2. The application for extension shall include:

a) An application form for extension;

b) A copy of the Certificate of sale of veterinary drugs;

c) Reports on results of the analysis of product quality made by manufacturer; results of the testing of quality of veterinary drugs made by a laboratory in Vietnam that is appointed;

d) The GMP Certificates or the Certificate of eligibility for producing veterinary drugs or the Certificate of eligibility for importing veterinary drugs; the Certificate of sale of veterinary drugs granted by a competent agency of the producing country, applicable to imported drugs.

3. Within 20 days from the day on which the satisfactory application is received, Department of Animal Health shall examine the documents and grant the extension of the Certificate of sale of veterinary drugs; if the application is rejected, Department of Animal Health shall make a written response containing the explanation.

4. The Certificate of sale of veterinary drugs shall be extended for another 05 years.

Article 82. Re-grant of the Certificate of sale of veterinary drugs

1. The Certificate of sale of veterinary drugs shall be re-granted in any of the following cases:

a) The components, recipe, dosage form, administration, dose and/or indication of veterinary drug are adjusted; manufacturing methods/procedures are changed leading to change in quality of products; quality, effect and safeness of drug are reassessed according to the regulations. Documents and procedures for re-granting of the Certificate of sale of veterinary drugs shall comply with the regulations in clauses 2 and 3 Article 80 of this Law;

b) Information in the Certificate is not correct or the Certificate is lost or damaged; name of drug or information relating to organizations/individuals registering for sale of veterinary drugs is adjusted.

2. An application for re-granting of the Certificate of sale of veterinary drugs specified in point b clause 1 of this Article shall include:

a) An application form for re-granting;

b) Documents proving the adjusted contents;

c) The Certificate of sale of veterinary drugs that has been granted, unless it is lost.

3. Procedures for re-granting of the Certificate of sale of veterinary drugs specified in point b clause 1 of this Article shall include:

a) Organizations/individuals shall submit the application to Department of Animal Health;

b) Within 15 days from the day on which the satisfactory application is received, Department of Animal Health shall examine the documents and regrant the Certificate of sale of veterinary drugs; if the application is rejected, Department of Animal Health shall make a written response containing the explanation.

Article 83. Revocation of the Certificate of sale of veterinary drugs

1. The Certificate of sale of veterinary drugs shall be revoked in any of the following cases:

a) The Certificate is erased or adjusted in content;

b) There is a determination of fake documents or untrue information in the documents of registration for sale that are approved;

c) The veterinary drug is banned in Vietnam;

d) There is scientific evidence proving that such veterinary drug causes high risks of harmfulness to people’s health, animal’s health and the environment;

dd) Two constant production batches of the drugs are unconformable to the quality standards or a production batch of the drug seriously violates the quality standards according to the conclusion of State management agencies in charge of quality of veterinary drugs;

e) An organization/individual having the Certificate of sale of veterinary drugs in Vietnam applies for revocation of the Certificate;

g) The Certificate of sale of veterinary drug granted to such drugs at the manufacturing/exporting country has been revoked;

h) Veterinary drug is concluded violating the intellectual property rights by competent agencies;

i) An organization/individual having the Certificate of sale of veterinary drugs in Vietnam commits violations against the regulations and incurs the revocation of the Certificate.

2. Department of Animal Health is in charge of the revocation of the Certificate of sale of veterinary drugs.

Section 2. TESTING OF VETERINARY DRUGS

Article 84. Testing of veterinary drugs

1. The testing of veterinary drugs shall be conduct for any type of veterinary drugs before registration for sale in Vietnam, except for cases eligible for exemption from testing according to the regulations of the Minister of Agriculture and Rural development.

2. The testing of veterinary drugs shall be conducted when the License to conduct the testing of veterinary drugs is granted by Department of Animal Health and shall be conducted by an organization eligible for conducting the testing of veterinary drugs specified in Article 88 of this Law.

Article 85. Granting of the License to conduct the testing of veterinary drugs

1. An application for the License to conduct the testing of veterinary drugs shall include:

a) An application form;

b) Documents proving the conformity with the requirements specified in Article 88 of this Law;

c) Technical documents of the veterinary drugs;

2. Procedures for granting of the License to conduct the testing of veterinary drugs:

a) Organizations/individuals shall submit the application to Department of Animal Health;

b) Within 25 days from the day on which the satisfactory application is received, Department of Animal Health shall examine the documents and grant the License to conduct the testing of veterinary drugs; if the application is rejected, Department of Animal Health shall make a written response containing the explanation.

3. Effective duration of a License to conduct the testing of veterinary drugs is 05 years.

Article 86. Re-granting of the License to conduct the testing of veterinary drugs

1. The License to conduct the testing of veterinary drugs shall be regranted if it is lost, incorrect, damaged or there is change in name of drug or information of organization/individual registering to conduct the testing of veterinary drugs.

2. The application for regranting shall include:

a) An application form for re-granting;

b) The License to conduct the testing of veterinary drugs that has been granted, unless it is lost.

3. Procedures for regranting of the License to conduct the testing of veterinary drugs:

a) Organizations/individuals shall submit the application to Department of Animal Health;

b) Within 05 working days from the day on which the satisfactory application is received, Department of Animal Health shall examine the documents and regrant the License to conduct the testing of veterinary drugs; if the application is rejected, Department of Animal Health shall make a written response containing the explanation.

Article 87. Revocation of the License to conduct the testing of veterinary drugs

1. The License to conduct the testing of veterinary drugs shall be revoked in any of the following cases:

a) The License is erased or adjusted in content;

b) There is a determination of fake documents or untrue information in the application for the License to conduct the testing of veterinary drugs;

c) The veterinary drug is likely to cause harm to people's health, animal's health and the environment according to the regulations of the Minister of Agriculture and Rural development.

2. Department of Animal Health shall be responsible for the revocation of the License to conduct the testing of veterinary drugs.

Article 88. Requirements for organizations conducting the testing of veterinary drugs

1. People who are in charge of technical issues of such organizations shall have the veterinary practice certificates

2. Employees in such organizations shall have appropriate professional knowledge and shall have received training in conducting testing of veterinary drugs.

3. Such organizations shall not perform the registration in their name or shall not assume authority to perform the registration of veterinary drugs in Vietnam.

4. Such organizations shall be equipped with sufficient facilities for the testing of veterinary drugs.

Article 89. Rights and obligations of organizations conducting the testing of veterinary drugs

1. Rights of organizations conducting the testing of veterinary drugs:

a) Be provided with information relating to the testing of veterinary drugs;

b) Collect fees of the testing of veterinary drugs according to the regulations;

c) Make complaints against the decisions of regulatory agencies.

2. Obligations of organizations conducting the testing of veterinary drugs:

a) Ensure the objectivity, accuracy and honesty in testing process;

b) Comply with the regulations, standards, technical procedures and the requirements on the testing;

c) Take legal responsibilities for the results of the testing;

d) Retain the documents relating to the performance of testing for at least 05 years from the day on which the testing finishes;

dd) Enable the inspection and supervision of the performance of testing of regulatory agencies;

e) Provide compensation for the damage according to the law provisions.

Section 3. PRODUCTION, TRADE, IMPORT, EXPORT OF VETERINARY DRUGS

Article 90. Requirements for production of veterinary drugs

Organizations/individuals that perform the production of veterinary drugs shall satisfy the following conditions:

1. Having the Certificate of Enterprise registration;

2. Location, workshops, drug warehouses shall be designed with area and distance ensuring the safety for human, animals and the environmental protection;

3. Provided with equipment appropriate to the scale of production and quality inspection of each type of veterinary drug;

4. Sewage treatment system shall be equipped according to veterinary hygiene standards and the law provisions on environmental protection;

5. People who directly carry out the management of production and analysis of veterinary drugs shall have veterinary practice certificates in terms of production and analysis of veterinary drugs;

6. People who directly perform the production of veterinary drugs shall be provided with training in appropriate professional skills;

7. Having the Certificate of eligibility for producing veterinary drugs.

Article 91. Rights and obligations of manufacturers of veterinary drugs

1. Rights of establishments producing veterinary drugs:

a) Perform the production of veterinary drugs that are granted the Certificate of sale of veterinary drugs in Vietnam;

b) Import veterinary drugs, veterinary drug ingredients for production or re-export according to the contract with foreign organizations and individuals; obtain or grant concession according to the regulations;

c) Provide information or advertisement of veterinary drugs according to the regulations on advertising;

dd) Other rights according to the relevant law provisions.

2. Obligations of establishments producing veterinary drugs:

a) Produce veterinary drugs according to the standards they have declared;

b) Comply with the regulations on analysis, preservation and distribution of veterinary drugs and good manufacturing production;

c) Take responsibilities for the quality of veterinary drugs they produced and shall sell only the conformable veterinary drugs;

d) Retain the samples of veterinary drugs sorted by production batches for at least 06 months from the day on which they expires;

dd) Supervise the veterinary drugs they produced, make notification and immediately recall the whole batch of the drug if such type of drug is discovered unconformable;

e) Provide compensation for the damage they cause according to the law provisions;

g) Provide sufficient information for the inspection and assessment of the production of veterinary drugs according to the law provisions;

h) Owners of veterinary drug-producing establishments shall provides training, guidelines for use and prevention of unexpected effect of veterinary drugs; provide professional training for people who directly produce veterinary drugs;

i) Comply with other law provisions on fire prevention, chemical safety, labor safety and environment protection.

Article 92. Requirements for trading in veterinary drugs

Organizations/individuals trading in veterinary drugs shall satisfy the following conditions:

1. Having the Certificate of Business registration or the Certificate of Enterprise registration;

2. Having appropriate location and facilities;

3. People who manage or directly perform the sale of veterinary drugs shall have veterinary practice certificates;

4. Having the Certificate of eligibility for trading in veterinary drugs.

Article 93. Rights and obligations of organizations/individuals trading in veterinary drugs

1. Rights of organizations trading in veterinary drugs:

a) Perform the trading in veterinary drugs that are granted the Certificate of sale of veterinary drugs in Vietnam;

b) Be provided with information and guidance relating to veterinary drugs;

c) Participate in training in safety in use, preservation and transport of veterinary drugs and prevention of unexpected effect caused by veterinary drugs.

2. Obligations of organizations trading in veterinary drugs:

a) Sell drugs conformable to the prescription (applicable to prescription drugs) or at the request of buyers (applicable to over-the-counter drugs);

b) Post the prices and sell drugs at the posted prices and establish the logbook recording the sale and purchase of veterinary drugs;

c) Comply with the conditions of preservation of veterinary drugs written on the labels and provide the buyers with guidelines for use of veterinary drugs according to the contents of the label;

d) Provide compensation for the damage they caused according to the law provisions;

dd) Supervise the veterinary drugs they produced, make notification and immediately recall the whole batch of the drug if such type of drug is discovered unconformable;

Article 94. Requirements for import of veterinary drugs

Organizations/individuals importing veterinary drugs shall satisfy the following conditions:

1. Satisfy the requirements for trade in veterinary drugs specified in clauses 1, 2 and 3 Article 92 of this Law;

2. Have warehouses satisfactory to the preservation of drugs;

3. Have the Certificate of sale of veterinary drugs in Vietnam or the License to import veterinary drugs according to the regulations;

4. Have documents on quality control and supervision of export/import of each type of drugs;

5. Having the Certificate of eligibility for importing veterinary drugs.

Article 95. Rights and obligations of importers of veterinary drugs

1. Rights of organizations/individuals importing veterinary drugs:

a) Organizations/individuals importing veterinary drugs shall be legally protected in terms of trademark;

b) Organizations/individuals importing veterinary drugs may make complaints and/or denunciation according to the law provisions;

c) Organizations/individuals importing veterinary drugs shall be provided with compensation for the damage according to the law provisions;

d) Other rights according to the relevant law provisions.

2. Obligations of organizations/individuals importing veterinary drugs:

a) Provide the import documents according to the registered contents;

b) Comply with the regulations on conditions of preservation of drugs;

c) Provide conformable drugs according to the register contents;

d) Retain the documents relating to each batch of veterinary drugs for at least 06 months from the day on which such drugs expire;

dd) Bear the management and supervision of regulatory agencies; provide sufficient documents relating to the harvest of specimens and inspection on request;

e) Pay the cost for the handling and compensate the damage from the violations against the law provisions on import of veterinary drugs according to the law provisions.

Article 96. Procedures for granting, re-granting, revocation of the Certificate of eligibility for producing veterinary drugs

1. An application for the Certificate of eligibility for producing veterinary drugs shall include:

a) An application form;

b) A detailed description of facilities specified in Article 90 of this Law; a list of veterinary drugs to produce;

c) The Certificate of Enterprise registration;

d) The veterinary practice certificate;

dd) A copy of the written approval for the report on environmental impact assessment by regulatory agencies.

2. Procedures for granting of the Certificate of eligibility for producing veterinary drugs:

a) Organizations/individuals wishing to carry out the production of veterinary drugs shall submit the application for the Certificate of eligibility for producing veterinary drugs to Department of Animal Health;

b) Within 15 days from the day on which the satisfactory application is received, Department of Animal Health shall conduct an inspection on site. If the establishment satisfies the requirements, within 05 working days from the day on which the inspection finishes, Department of Animal Health shall grant the Certificate of eligibility for producing veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

3. Documents and procedures for re-granting of the Certificate of eligibility for producing veterinary drugs in case the Certificate is lost, incorrect or damaged or the information about registered organization/individual is adjusted:

a) An application for re-granting shall include an application form; documents proving the adjusted contents, applicable to the case information relating to registered organization/individual is adjusted; The Certificate of eligibility for producing of veterinary drugs that is granted, unless it is lost;

b) Organizations/individuals shall submit the application for re-granting of the Certificate of eligibility for producing veterinary drugs to Department of Animal Health. Within 05 working days from the day on which the satisfactory application is received, Department of Animal Health shall regrant the Certificate of eligibility for producing veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

4. Department of Animal Health shall revoke the Certificate of eligibility for producing veterinary drugs of an organization/individual producing veterinary drugs in any of the following cases:

a) The Certificate of eligibility for producing veterinary drugs is erased or adjusted;

b) The organization/individual commits violations against the legislation and incurs administrative penalties for at least three times a year or incurs administrative violations for 3 constant times for the same violation in the field of veterinary drug production;

c) The organization/individual no longer performs the production of veterinary drugs;

d) The organization/individual commits another violation that is regulated to have the Certificate of eligibility for producing veterinary drugs revoked.

Article 97. Procedures for granting, re-granting, revocation of the Certificate of eligibility for trading in veterinary drugs

1. An application for the Certificate of eligibility for trading in veterinary drugs shall include:

a) An application form;

b) A detailed description of facilities of the establishment;

c) The Certificate of Enterprise registration or the Certificate of Business registration;

d) The veterinary practice certificate.

2. Procedures for granting of the Certificate of eligibility for trading in veterinary drugs:

a) Organizations/individuals wishing to perform the trade in veterinary drugs shall submit the application for the Certificate of eligibility for trading in veterinary drugs to the veterinary authority of province;

b) Within 05 working days from the day on which the satisfactory application is received, the veterinary authority of province shall conduct an inspection on site. If the establishment satisfies the requirements, within 03 working days from the day on which the inspection finishes, the veterinary authority shall grant the Certificate of eligibility for trading in veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

3. Documents and procedures for re-granting of the Certificate of eligibility for trading in veterinary drugs in case the Certificate is lost, incorrect or damaged or the information about registered organization/individual is adjusted:

a) An application for re-granting shall include an application form; documents proving the adjusted contents, applicable to the case information relating to registered organization/individual is adjusted; The Certificate of eligibility for trading in veterinary drugs that is granted, unless it is lost;

b) Organizations/individuals shall submit the application for re-granting of the Certificate of eligibility for trading in veterinary drugs to the veterinary authority of province. Within 05 working days from the day on which the satisfactory application is received, the veterinary authority of province shall regrant the Certificate of eligibility for trading in veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

4. The veterinary authority of province shall revoke the Certificate of eligibility for trading in veterinary drugs of an organization/individual in any of the following cases:

a) The Certificate of eligibility for trading in veterinary drugs is erased or adjusted;

b) The organization/individual commits violations against the legislation and incurs administrative penalties for at least three times a year or incurs administrative violations for 3 constant times for the same violation in the field of veterinary drug trading;

c) The organization/individual no longer performs the trade in veterinary drugs;

d) The organization/individual commits another violation that is regulated to have the Certificate of eligibility for trading in veterinary drugs revoked.

Article 98. Procedures for granting, re-granting, revocation of the Certificate of eligibility for importing veterinary drugs

1. An application for the Certificate of eligibility for importing veterinary drugs shall include:

a) An application form;

b) A detailed description of facilities of the establishment;

c) The Certificate of Enterprise registration or the Certificate of Business registration;

d) The veterinary practice certificate.

2. Procedures for granting of the Certificate of eligibility for importing veterinary drugs:

a) Organizations/individuals wishing to import veterinary drugs shall submit the application for the Certificate of eligibility for importing veterinary drugs to Department of Animal Health;

b) Within 10 days from the day on which the satisfactory application is received, Department of Animal Health shall conduct an inspection on site. If the establishment satisfies the requirements, within 03 working days from the day on which the inspection finishes, Department of Animal Health shall grant the Certificate of eligibility for importing veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

3. Documents and procedures for re-granting of the Certificate of eligibility for importing veterinary drugs in case the Certificate is lost, incorrect or damaged or the information about registered organization/individual is adjusted:

a) An application for re-granting shall include an application form; documents proving the adjusted contents, applicable to the case information relating to registered organization/individual is adjusted; The Certificate of eligibility for importing veterinary drugs that is granted, unless it is lost;

b) Organizations/individuals shall submit the application for re-granting of the Certificate of eligibility for importing veterinary drugs to Department of Animal Health. Within 05 working days from the day on which the satisfactory application is received, Department of Animal Health shall regrant the Certificate of eligibility for importing veterinary drugs. If the application is rejected, a written response containing the explanation shall be made.

4. Department of Animal Health shall revoke the Certificate of eligibility for importing veterinary drugs of an organization/individual importing veterinary drugs in any of the following cases:

a) The Certificate of eligibility for importing veterinary drugs is erased or adjusted;

b) The organization/individual commits violations against the legislation and incurs administrative penalties for at least three times a year or incurs administrative violations for 3 constant times for the same violation in the field of import of veterinary drug;

c) The organization/individual no longer performs the import of veterinary drugs;

d) The organization/individual commits another violation that is regulated to have the Certificate of eligibility for importing veterinary drugs revoked.

Article 99. Effective duration of the certificates of eligibility for producing/trading/importing of veterinary drugs

1. The certificates of eligibility for producing/trading/importing of veterinary drugs shall be effective for 05 years.

2. 03 months before the expiration of the certificates of eligibility for producing/trading/importing of veterinary drugs, organization/individual wishing to continue the production, trading or import of veterinary drugs shall submit an application for extension of the certificate. Procedures for extensions of the certificate shall comply with the regulation on clause 2 Article 96, clause 2 Article 97 and clause 2 Article 98 of this Law.

Article 100. Import, export of veterinary drugs, veterinary drug ingredients

1. Veterinary drugs having the Certificate of sale of veterinary drugs in Vietnam are permissible to import; vaccines and microorganisms used in veterinary medicine shall obtain the License to import of Department of Animal Health to be imported.

2. Veterinary drugs without the Certificate of sale of veterinary drugs in Vietnam may be imported in the following cases:

a) Used for prevention and fighting against emergency animal epidemic or disaster recovery;

b) Used as specimens for analysis, testing, sale registration or used in exhibitions, fairs, scientific researches;

c) Used for treatment of animal that are temporarily imported or in transit through Vietnam’s territory;

d) Temporarily imported or processed for export according to the contract signed with foreign organizations and individuals;

dd) Used in diagnosis, testing, analysis in terms of veterinary medicine;

e) Provided as aid from international organizations and other non-commercial forms of import.

3. Veterinary drug ingredients are permissible to import in the following cases:

a) Used for producing the veterinary drugs having the Certificate of sale of veterinary drugs in Vietnam;

b) Used in diagnosis, testing, analysis in terms of veterinary medicine according to the regulations of the Ministry of Agriculture and Rural Development.

4. Organizations/individual importing vaccines or microorganisms specified in clause 1 of this Article and veterinary drugs/veterinary drug ingredients specified in clauses 2 and 3 of this Article shall submit an application for importing veterinary drugs/veterinary drug ingredients to Department of Animal Health. Within 05 working days from the day on which the satisfactory application is received, Department of Animal Health shall consider granting the license to import. If the application is rejected, a written response containing the explanation shall be made.

The Minister of Agriculture and Rural development shall provide regulation on the application for importing veterinary drugs/veterinary drug ingredients.

5. Veterinary drugs/veterinary drug ingredients specified in clause 1, point a clause 2 and point a clause 3 of this Article shall undergo quality inspection before being imported and shall be imported only when such veterinary drugs/veterinary drug ingredients are conformable.

6. Department of Animal Health shall conduct the inspections of quality of imported veterinary drugs at the checkpoints according to the law provisions.

7. Organizations/individuals producing or trading in veterinary drugs are entitled to export veterinary drugs according to the law provisions.

Article 101. Analysis of veterinary drugs

1. Veterinary drugs shall undergo an analysis and shall be concluded conformable before registration for sale in Vietnam. The analyses shall be performed at the appointed veterinary drug analyzing establishments.

2. The analysis of veterinary drugs shall be performed according to registered quality standards of the producing establishment.

3. Requirements for establishments performing the analysis of veterinary drugs:

a) Having appropriate location, facilities and equipment;

b) People who manage or directly perform the analysis of veterinary drugs shall have veterinary practice certificates.

4. Rights and obligations of establishment performing the analysis of veterinary drugs:

a) Entitled to reject the specimens if the quantity, preservation and enclosure are not satisfactory;

b) Provided with information relating to the analyzing specimens;

c) Establishment performing the analysis of veterinary drugs shall be responsible for the analysis results of veterinary drug specimens;

d) Establishment performing the analysis of veterinary drugs shall provide the information about the results and analyzing documents only at the request of regulatory agencies;

dd) Provide compensation according to the law provisions applicable to organizations/individuals suffering losses due to the mistake of the analyzing results.

5. The Minister of Agriculture and Rural development shall provide detail and guidance on this Article.

Article 102. Inspection of veterinary drugs

1. The inspection of veterinary drugs shall be conducted to reassess the quality of veterinary drugs.

2. Veterinary drug shall undergo inspection in the following cases:

a) There is complaint or denunciation about their quality;

b) There are requests for assessment from regulatory agencies.

3. The regulatory agencies shall appoint a veterinary drug analyzing establishment to conduct the inspection of veterinary drugs specified in clause 2 of this Article.

Article 103. Labels of veterinary drugs

Veterinary drugs that are sold on market shall have label satisfying the following requirements:

1. The label shall contain instruction in Vietnamese;

2. The label shall contain sufficient information about use of veterinary drug;

3. The label shall contain the text “ For use in veterinary medicine only”;

4. The label shall be conformable to the law provisions on goods label;

5. The label shall be conformable to the form registered with Department of Animal Health.

Article 104. Use of veterinary drugs

1. Veterinary drugs shall be used according to the guidance of the manufacturer, prescriptions of individuals practicing veterinary medicine and veterinary authorities.

2. Rights of organizations/individuals using veterinary drugs:

a) Provided with information and guidelines for use of veterinary drugs;

b) Entitled to request veterinary drug selling establishment to provide guidance on use of veterinary drugs according to the regulation in clause 1 of this Article;

c) Provided with compensation for the losses due to the mistake of veterinary drug selling establishments according to the law provisions.

3. Obligations of organizations/individuals using veterinary drugs:

a) Use veterinary drugs according to the regulation in clause 1 of this Article;

b) Stop using the veterinary drugs that are discovered harmful to animal, environment and people’s health and immediately report to People’s Committees of communes or local veterinary authorities.

Section 4. RECALL AND DESTRUCTION OF VETERINARY DRUGS

Article 105. Recall of veterinary drugs on market, handling of veterinary drugs that are recalled

1. Veterinary drugs shall be recalled in any of the following cases:

a) The veterinary drugs are not granted the Certificate of sale of veterinary drugs in Vietnam, except for the cases specified in clauses 2 and 3 Article 100 of this Law;

b) The drugs are expired;

c) The drugs are not conformable to the quality standards;

d) Their labels are not conformable to the regulations in Article 103 of this law.

2. When determining veterinary drugs subject to recall according to the regulations in clause 1 of this Article, the producing/importing establishments shall issue announcements on means of mass media about the batches of veterinary drugs subject to recall and shall be responsible for recall all the products in such batches. If the producing/importing establishments fail to initiatively perform the recall, competent agencies shall issue decisions compelling such establishments to recall the products.

3. Handling measures for the recalled veterinary drugs:

a) Re-export;

b) Reprocessing;

c) Destruction;

d) Correction of mistake on labels.

4. Competence in handling of recalled veterinary drugs:

a) Department of Animal Health shall decide the measures and duration of handling of veterinary drugs that are recalled nationwide;

b) veterinary authorities of provinces shall decide the measures and duration of handling of veterinary drugs that are recalled in their provinces.

5. Producing/importing establishments having veterinary drugs recalled shall pay all the spending on recall and handling.

Article 106. Destruction of veterinary drugs

1. Veterinary drugs shall be destroyed in any of the following cases:

a) The veterinary drugs are not granted the Certificate of sale of veterinary drugs in Vietnam, except for the cases specified in clauses 2 and 3 Article 100 of this Law;

b) The veterinary drugs are unconformable to the quality standards, expired and are not recyclable or contain forbidden active ingredients;

c) Fake veterinary drugs, unowned veterinary drugs, veterinary drugs with unidentified origin.

2. Responsibilities in destruction of veterinary drugs:

a) Organizations/individuals having veterinary drugs subject to destruction shall destroy the drugs according to the law provisions on environmental protection and pay all the costs;

b) People's Committees of provinces shall steer and allocate the fundings for the destruction of unowned veterinary drugs;

c) Regulatory agencies deciding the destruction of veterinary drugs shall supervise and confirm the destruction.

Chapter VI

VETERINARY PRACTICE

Article 107. Forms of veterinary practice

1. Inoculation, treatment, surgery of animals; consultation on activities relating to veterinary medicine.

2. Examination, diagnosis, testing on animals.

3. Trading in veterinary drugs.

4. Production, analysis, testing, export, import of veterinary drugs.

Article 108. Requirements for veterinary practice

1. Regarding individuals practicing veterinary medicine:

a) Have the Veterinary practice certificate conformable to specific forms of veterinary practice;

b) Have professional ethics;

c) Healthy enough for veterinary practice.

2. Regarding organizations practicing veterinary medicine:

a) Have staff satisfying the requirements specified in clause 1 of this Article;

b) Have facilities appropriate to specific forms of veterinary practice according to the law provisions.

3. The Government shall provide guidance on this Article.

Article 109. Granting and extension of the Veterinary practice certificate

1. Competence in granting the Veterinary practice certificate:

a) The veterinary authorities of provinces are responsible for granting the Veterinary practice certificates to entities performing the activities specified in clauses 1, 2 and 3 Article 107 of this Law.

b) Department of Animal Health is responsible for granting the Veterinary practice certificates to entities performing the activities specified in clause 4 Article 107 of this Law.

2. An application for the Veterinary practice certificate shall include:

a) An application form;

b) Qualifications conformable to specific forms of veterinary practice;

c) The Health certificate;

d) The ID card. Regarding foreigners, apart from the regulations in points a, b and c of this clause, the application shall include the judicial records verified by competent agencies.

3. Procedures for granting the Veterinary practice certificate:

a) Any individuals wishing to obtain the Veterinary practice certificate shall submit the application to a veterinary authority according to the regulations in clause 1 of this Article;

b) Within 05 working days from the day on which the satisfactory application is received, the receiving agency shall decide the granting of the Veterinary practice certificate. If the application is rejected, a written response containing the explanation shall be made.

4. A Veterinary practice certificate is effective for 05 years.

5. Procedures for extension of the Veterinary practice certificate:

a) Any individuals wishing to extend the Veterinary practice certificate shall submit the application to a veterinary authority within 30 days before the expired dated of the certificate according to the regulations in clause 1 of this Article. The application shall include an application form for extension, the granted Veterinary practice certificate and the Health certificate;

b) Within 03 working days from the day on which the satisfactory application is received, the receiving agency shall decide the extension of the Veterinary practice certificate. If the application is rejected, a written response containing the explanation shall be made.

Article 110. Re-granting of the Veterinary practice certificate

1. The Veterinary practice certificate shall be regranted in the following cases:

a) Lost, incorrect, damaged;

b) Having changes in the information relating to the individual granted with the Certificate.

2. An application for the re-granting of Veterinary practice certificate shall include:

a) An application form for re-granting;

b) The granted Veterinary practice certificate, unless it is lost.

3. Procedures for re-granting of the Veterinary practice certificate:

a) Any organizations/individuals applying for re-granting of the Veterinary practice certificate shall submit the application to a veterinary authority according to the regulations in clause 1 Article 109 of this Law;

b) Within 03 working days from the day on which the satisfactory application is received, the receiving agency shall decide the re-granting of the Veterinary practice certificate. if the application is rejected, a written response containing the explanation shall be made.

Article 111. Refusal to grant the Veterinary practice certificate

These following people shall not be granted the Veterinary practice certificate:

1. Individuals without appropriate qualifications;

2. Individuals who are incurring prohibition from practicing according to the judgment/decision of the court;

3. Individuals who are incurring disciplinary measures relating to veterinary medicine;

4. Individuals who are facing criminal prosecution;

5. Individuals who are serving sentences; incurring administrative handling measures by entering reform schools or detoxification centers;

6. Individuals who are limited or incapable of civil acts.

Article 112. Revocation of the Veterinary practice certificate

1. The Veterinary practice certificate of an organization/individual shall be revoked in the following cases:

a) The License is erased or adjusted in content;

b) There is a determination of fake documents or untrue information in the application for the Veterinary practice certificate;

c) The organization/individual commits violations against the professional ethics and relevant law provisions.

2. The competent agencies specified in clause 1 Article 109 of this Law are in charge of revoking the Veterinary practice certificate.

Article 113. Rights and obligations of organizations/individuals practicing veterinary medicine

1. Rights of organizations/individuals practicing veterinary medicine:

a) Entitled to practice veterinary medicine according to the Veterinary practice certificate;

b) Provided with training/advanced training in veterinary professional knowledge/skills;

c) Provided with incentives when participating in the prevention and fighting against animal epidemic in local areas.

2. Obligations of organizations/individuals practicing veterinary medicine:

a) Comply with the law provisions on veterinary medicine and relevant law provisions; provide compensation for the damaged they caused in veterinary practice;

b) Provide relevant information for veterinary authorities; comply with and participate in activities relating to veterinary medicine at the request of competent agencies.

Article 114. Veterinary Council

1. Veterinary Councils shall be established at central level or provincial level.

2. The Veterinary Councils shall hold concurrent responsibilities and are in charge of providing consults for the Minister of Agriculture and Rural development and Director of the Service of Agriculture and Rural development in terms of veterinary activities.

3. Members of the Council are representatives of veterinary authorities, representatives of the associations, unions, universities, research institutes and experts in veterinary medicine.

4. The Minister of Agriculture and Rural development shall detail the organization, functions, tasks and powers of the Veterinary Council at all levels.

Chapter VII

IMPLEMENTARY CLAUSE

Article 115. Effect

1. This Law comes into effect from July 01, 2016.

2. The Ordinance on Veterinary Medicine No. 18/2004/PL-UBTVQH10 is annulled by the effect of this Law.

3. The licenses, certificates, qualifications in terms of veterinary medicine that are granted before the effective date of this Law and have not expired shall be effective until their expiration.

Article 116. Implementation detailing

The Government and competent agencies shall detail the provisions in this Law.

 This Law was ratified on June 19th, 2015, by the XIIIth National Assembly at its 9th session.

 

 

CHAIRMAN OF THE NATIONAL ASSEMBLY




Nguyen Sinh Hung

 

 

 


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Thuộc tính Văn bản pháp luật 79/2015/QH13

Loại văn bảnLuật
Số hiệu79/2015/QH13
Cơ quan ban hành
Người ký
Ngày ban hành19/06/2015
Ngày hiệu lực01/07/2016
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          Law No. 79/2015/QH13 on veterinary medicine
          Loại văn bảnLuật
          Số hiệu79/2015/QH13
          Cơ quan ban hànhQuốc hội
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          Ngày hiệu lực01/07/2016
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