Công văn 79/BNN-HTQT

To: Deputy Prime Minister Hoang Trung Hai

On July 16, 2012, the Ministry of Agriculture and Rural Development submitted Proposal No. 2156/TTr-BNN-HTQT together with Report No.2157/BNN-HTQT on consulting the Prime Minister about the re-import of white organs. After consideration, on August 30, 2012 the Government Office had answer in Dispatch No. 1345/VPCP-KTTH stating the guiding opinion of the Deputy Prime Minister Hoang Trung Hai to assign the Ministry of Agriculture and Rural Development to assume the prime responsibility and agree with the Ministry Industry and Trade and the Ministry of Finance to make a clear report to the Prime Minister on the management of imported frozen products under the direction of the Prime Minister at the Dispatches 1152/TTg-KTTH dated July 07, 2010 and  7080/VPCP-KTTH  dated October 06, 2010.

Under the guidance above, after reviewing the situation of import and import control of frozen animal products, on November 20, 2012, the Ministry of Agriculture and Rural Development held a meeting with the Ministry of Industry and Trade and the Ministry of Finance to reach agreement in the report submitted to the Prime Minister with a number of specific contents as follows:

1. Situation of management of imported frozen flesh products:

After Vietnam has joined the World Trade Organization, the quantity of frozen cattle and poultry flesh imported into Vietnam has increased rapidly with variety of flesh including beef, buffalo, pork, poultry, goat, lamb, ... including nail rolls, chicken feet, ...

The Ministry of Agriculture and Rural Development has directed the implementation of measures to strictly manage the import. Through the examination of the veterinary authorities and other functional authorities, a lot of cases of violation have discovered such as: A lot of batches of cattle and poultry flesh of unknown origin, improper labeling, expired consumption but still consumed on the market; A lot of microbial contaminated batches in exceed of permissible limits, with many impurities, without veterinary hygiene had to be handled by destruction or re-production.

Before 2009, batches of frozen foods have been allowed the clearance in advance and then quarantine. A lot of cases after unsatisfactory quarantine results must be treated or re-exported but the owners have intentionally dispersed goods into market.

To strengthen the management of imported frozen products and ensure food safety for consumers, according to the direction of the Prime Minister at the Dispatch No. 1152/TTg-KTTH dated July 07, 2010, the Ministry of Agriculture and Rural Development has directed the Department of animal health, animal quarantine agencies at border gate to closely cooperate with customs authorities to strengthen the management and supervision over imported frozen animal products, only performing customs clearance for batches of imported frozen animal products after being issued certificate of import quarantine by the inspection and quarantine agencies.

The implementation of Dispatch No. 1152 has achieved positive results ensuring the goods meet the requirements for quarantine, food safety to be imported into Vietnam and convenient for handling of violation or re-export of batches ineligible for veterinary hygiene and food safety.

2. Situation of management of imported cattle organs:

a. White organs:

As soon as the Prime Minister has Dispatch No.1152, the Ministry of Agriculture and Rural Development has adopted measures to stop the quarantine of imported organs (including white and red). Particularly for white organ, the stopping of import has lasted so far.

In fact, in the period before stopping the import, the volume of imported white organ is not large and only focuses on some major goods items such as cattle maw, stomach, birth intestine, penis, testicle, chicken gizzard. According to data Department of Animal Health, the total amount imported into Vietnam in 2009 was 477.78 tones and 2010 was 22.57 tonnes, mainly from the United States, Australia and Poland.

In 2009, 01 batch of frozen pig birth intestine with a volume of 73 tons contaminated with coliforms, E. coli in excess of the permitted limit was forced to re-export.

b. Red organs:

After the consent of the Government at the Dispatch No. 7080/VPCP-KTTH dated October 06, 2010, the Ministry of Agriculture and Rural Development in collaboration with the relevant agencies to carry out activities to permit the re-import. The volume imported in 2011 was 915.49 tonnes and 2012 was 986.99 tonnes. Mainly liver, heart of cattle and poultry imported from the United States, Australia, Canada, France, Spain and Poland.

The import quarantine of red organ in particular and flesh of cattle and poultry in general be carried out strictly from exporting countries. It is noted that Vietnam has implemented the assessment of monitoring programs of diseases, microbial contamination, toxic chemical residues, etc and come to an agreement with other exporting countries about veterinary sanitary requirements, form of certificate of exporting quarantine into Vietnam to minimize the imported batches which have not guaranteed the veterinary sanitary requirements. In addition, the application of the provisions in Circular No.25/2010/TT-BNNPTNT of the Ministry of Agriculture and Rural Development requiring registration and inspection of eligible production and processing facilities to export into Vietnam also contributes actively to the assurance of food safety for imported frozen foods.

The inspection criteria and standards for imported red organ apply in accordance with Vietnamese Standards for frozen flesh and maximum limited norms of biological and chemical pollution in food specified in Decision No. 46/2007/QD-BYT dated December 19, 2007, Circular No. 05/2012/TT-BYT dated March 01, 2012 of the Ministry of Health.

In general, the import of red organs has been well controlled and guaranteed food safety. The problems to be handled are that the maintenance of the cease of white organ import is causing certain difficulties in our trade relations with major partners.

3. A number of reasons and conditions for permission of re-import of white organs:

One: The WTO member countries, especially the major trading partners of Viet Nam have said that Viet Nam had violated the provisions of the SPS Agreement in the ban white organ import. Those countries have said that Vietnam has not shown any scientific evidence for this temporary measure but still maintained it in long period of time (over 2 years to the present time). This is so hard to accept. They are also increasing more and more pressure and apply measures to affect our export. For example: Since April 2012, the United States has begun their strict control over all agricultural, forestry and fishery products exported from Vietnam. Particularly the aquatic products and tropical fruit which are very difficult in negotiations in the opening into this market. The export has been stagnant, a lot of violating batches have been required for re-export back to our country, causing significant damage to our export. For the exported honey from Vietnam, the United States has adopted permissible residues for Carbendazim (fungicide for plants) at a very strict level. According to Beekeeping Association, this has caused damage of sales of over 70 million dollars per annum, and affected the lives and incomes of about 30 thousands of beekeeping farmers. Along with the U.S., the EU countries have adopted strict control over export of tropical fruits and vegetables exported from Vietnam. It is noted that the EU announced it would ban import if found contaminated with microorganisms on herbs or fruit flies on fruits with high frequency. This is unusual because so far the EU has not applied the list of plant quarantine objects and pollution scale for herbs. Australia also has moves to hinder the opening of market for 8 Vietnamese kinds of fruit which are under the stage of risk assessment implemented for many years. etc. ..

Therefore, the permission for re-import of white organs shall create conditions for Vietnam to handle the above difficulties.

Second: In fact, the volume of imported white organ if allowed shall not be significant. Thus, the commercial value is negligible. Assessing the possibility of quantity if re-import is permitted, the Ministry of Agriculture and Rural Development said that the imported products are mostly birth intestines, penis, testicles of cattle and chicken gizzard with a quantity not greater than that imported in the previous years as reported above. For the intestine and stomach of cattle, the importers are unlikely to import them as these items have huge risks, especially for harmful microbiological contamination.

Third: The capacity and food safety control measures for the imported animal products of Vietnam have been improved than before. For measures, the Ministry of Agriculture and Rural Development has issued Circular No. 25/2010/TT-BNNPTNT stipulating the food safety inspection of goods of animal origin. The animal quarantine agencies of the Department of Animal Health have been enhanced the capacity for direct import control unit at the major border gates such as Hai Phong, Hanoi, Ho Chi Minh City, to ensure sufficient capacity and experience to control the import of these items. On the other hand, in recent years, violations of food safety for imported organs in general are not incurred for the batches imported officially at major border gate. The issue of food safety loss mainly occurs in the cross border smuggling activities which in fact are out of control with the legal provisions.

4. Technical solutions and measures to control food safety while allowing re-import of white organs:

- Only allowing import from countries which have agreed and reached agreement with Vietnam about the veterinary hygiene requirements, food safety and form of certificate of quarantine for white organ imported into Vietnam and has met the Vietnam's requirements specified in the Circular No. 25/2010/TT-BNNPTNT concerning the manufacturers who must be named in the list of production facilities allowed for export into Vietnam;

- The control of imported white organs shall be carried out as for flesh and red organs, The targets and permissible limit for harmful microorganisms, harmful chemical residues based on an agreement between Vietnam and the exporting country or application corresponding to flesh and red organs as specified in Decision No. 46/2007/QD-BYT and Circular No. 05/2012/TT-BYT of the Ministry of Health concerning the quarantine and veterinary hygiene inspection for white organ products shall comply with Decision No.15/2006/QD-BNN dated August 03, 2006 of the Ministry of Agriculture and Rural Development and other relevant documents;

- All white organ batches imported into Vietnam must be kept at the entry gate area, under the supervision of the customs and animal quarantine agencies; sampling 100% of the batch for inspection organoleptic, physiochemical and micro-organic criteria; sampling under frequency for monitoring antibiotic residue targets, toxic chemicals; applying the pre-inspection and post-clearance;

- All imported batches not guaranteeing veterinary hygiene requirements, food safety or originating from countries that do not have agreements on veterinary hygiene requirements from production facilities not allowed for import into Vietnam are required to be re-exported out of the territory of Vietnam.

5. For the phenomenon of cross-border smuggling:

The Ministry of Agriculture and Rural Development has requested the Prime Minister to direct the Ministry of Defense, Public Security, Industry and Trade, General Department of Customs and People’s Committees of border provinces direct all local levels and sectors to closely coordinate with the veterinary industry to strengthen the management, monitoring, prevention and thorough handling of the smuggling, transportation and consumption of animals and animal products illegally; enhance investigation and grasp the situation of the distributing subjects and the lines selling and illegally importing these goods to have effective preventive measures in order to facilitate the development of domestic livestock, animal disease prevention and ensure food safety and hygiene for consumers.

With the content presented above, at the meeting on November 20, 2012, the deputies attending the meeting have agreed to propose the Prime Minister to permit the re-import of white organs from the first quarter of 2013.

The Ministry of Agriculture and Rural Development shall gather opinions and make report to the Prime Minister to ask for guidance. /.