Thông tư 37/2006/TT-BNN hướng dẫn điều kiện, trình tự, thủ tục cấp, thu hồi, cấp lại chứng chỉ hành nghề thú y; kiểm tra điều kiện vệ sinh thú y đối với các cơ sở hành nghề thú y do Bộ Nông nghiệp và Phát triển nông thôn ban hành

CIRCULAR

GUIDING THE CONDITIONS, ORDER AND PROCEDURES FOR THE GRANT, WITHDRAWAL AND RE-GRANT OF VETERINARY MEDICINE PRACTICE CERTIFICATES; AND THE INSPECTION OF VETERINARY SANITATION CONDITIONS OF VETERINARY MEDICINE ESTABLISHMENTS

Pursuant to the April 29, 2004 Ordinance on Veterinary Medicine;Pursuant to the Government's Decree No. 33/2005/ ND-CP of March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Veterinary Medicine,The Ministry of Agriculture and Rural Development hereby guides the conditions, order and procedures for the grant, withdrawal and re-grant of veterinary medicine practice certificates; and the inspection of veterinary sanitation conditions of veterinary medicine establishments as follows:

1. Scope of regulation and subjects of application

1.1. This Circular applies to all scopes of veterinary medicine practice provided for in Article 52 of the Ordinance on Veterinary Medicine.

1.2. Vietnamese and foreign organizations and individuals engaged in veterinary medicine activities within the Vietnamese territory shall have to follow the guidance in this Circular.

2. Interpretation of terms

The terms referred to in this Circular are construed as follows:

2.1. Veterinary medicine practice certificates mean documents granted by state management agencies specializing in animal health to individuals qualified to practice veterinary medicine according to the provisions of law on veterinary medicine.

2.2. Veterinary medicine services mean activities in service of animal raising, growth and reproduction with a view to protecting and developing animals and ensuring food hygiene and safety for animal-product users.

3.1. Conditions on professional qualifications:

Apart from the conditions on professional qualifications specified in Clause 1, Article 64 of the Government's Decree No. 33/2005/ND-CP of March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Veterinary Medicine (hereinafter referred to as Decree No. 33/2005/ND-CP), the conditions on professional qualifications specified at Points a and d, Clause 1, Article 64 of Decree No. 33/2005/ND-CP are guided specifically as follows:

a/ Persons practicing clinical diagnosis, prescription, medical treatment and care for animal health in mountainous, deep-lying or remote areas shall be granted practice certificates if they have certificates of animal-health training, granted by provincial/municipal Animal Health Sub-Departments (hereinafter referred to as provincial-level Animal Health Sub-Departments) or by foreign projects.

b/ Owners of shops dealing in veterinary drugs, medical biologicals, microorganisms and/or chemicals for veterinary use (hereinafter collectively referred to as veterinary drugs) shall be granted practice certificates if they have animal-raising engineer diplomas or intermediate-level certificates of animal health or animal raising and animal health training, granted by competent training establishments.

3.2. Health conditions:

Health conditions for persons practicing veterinary medicine shall comply with the provisions of Clause 2, Article 64 of Decree No. 33/2005/ND-CP.

4. Order of granting veterinary medicine practice certificates

4.1. Competent state management agencies specializing in health animal defined in Clause 1,

Article 65 of Decree No. 33/2005/ND-CP shall, within 10 days after receiving valid dossiers of application for veterinary medicine practice certificates from individuals or organizations, proceed with the grant of veterinary medicine practice certificates in the following order:

a/ Checking the conditions on professional qualifications, professional ethics, health, establishments' veterinary sanitation conditions, equipment, facilities and veterinary instruments required for such registered scope of practice; and granting veterinary medicine practice certificates only to qualified individuals according to the provisions of law on veterinary medicine;

b/ For individuals that practice vaccination, castration, clinical diagnosis, prescription, medical treatment and care for animal health without fixed places of practice, their dossiers of application for practice certificates shall also include lists of instruments and materials necessary for practice; and they must pay fees for the grant of veterinary medicine practice certificates according to the provisions of the Finance Ministry's Decision No. 08/2005/QD-BTC of January 20, 2005, providing for the regime of collection, remittance, management and use of veterinary charges and fees;

c/ For individuals or organizations that apply for certificates of practice of animal test, disease diagnosis and surgery or veterinary drug experimentation, test, assay or manufacture but have not yet built establishments fully satisfying the required veterinary sanitation conditions, if they need such certificates for completion of business registration procedures, agencies competent to grant veterinary medicine practice certificates shall check the conditions on professional qualifications and health and grant such certificates to qualified individuals according to the provisions of Article 64 of Decree No. 33/2005/ND-CP.

4.2. Individuals and organizations that are granted practice certificates under the provisions of Point 4.1 .c, Item 4, Section 2 of this Circular must make a written commitment to report to agencies competent to grant practice certificates at least 15 days before their establishments commence operation so that the latter can inspect the veterinary sanitation conditions of their establishments according to regulations.

5. Procedures for grant of veterinary medicine practice certificates

5.1. Procedures for the grant of veterinary medicine practice certificates shall comply with the provisions of Clauses 1 and 3, Article 65 of Decree No. 33/2005/ ND-CP.

5.2 Dossiers of application for veterinary medicine practice certificates shall comply with the provisions of Clause 3, Article 54 of the Ordinance on Veterinary Medicine, and Clause 2, Article 65 of Decree No. 33/ 2005/ND-CP. Applicants' resumes and copies of professional qualifications should follow the guidance below:

a/ Resumes of applicants for veterinary medicine practice certificates must be certified by the heads of the units where the applicants work or by the administrations of the localities where the applicants reside;

b/ Copies of professional diplomas or certificates must be notarized. Original professional diplomas or certificates in a foreign language must be translated into Vietnamese.

5.3. Individuals and organizations applying for certificates of practice of animal-disease test or test and diagnosis; animal surgery; or veterinary drug manufacture, trading, import, export, experimentation, test or assay shall be granted certificates for practice at only one establishment.

6. Term and procedures for extension, of veterinary medicine practice certificates

6.1. The term of a veterinary medicine practice certificate is 5 years from the date of its signing.

6.2. The extension of practice certificates shall comply with the provisions of Clause 5, Article 65 of Decree No. 33/2005/ND-CP.

6.3. Agencies competent to grant veterinary medicine practice certificates shall inspect the veterinary sanitation conditions of establishments before extending their veterinary medicine practice certificates.

Section 3. COMPETENCE, ORDER AND PROCEDURES FOR WITHDRAWAL AND RE-GRANT OF VETERINARY MEDICINE PRACTICE CERTIFICATES

7. Competence to withdraw veterinary medicine practice certificates

Agencies that grant veterinary medicine practice certificates shall have the competence to withdraw them.

8. Order of withdrawing veterinary medicine practice certificates

Upon detection or receipt of reports on violations which are subject to withdrawal of veterinary medicine practice certificates under the provisions of Article 67 of Decree No. 33/2005/ND-CP, the director of the Animal Health Department or heads of provincial-level Animal Health Sub-Departments shall, within the ambit of their respective functions, tasks and powers, issue decisions on the withdrawal of veterinary medicine practice certificates and inspect the execution thereof.

9. Cases eligible for re-grant of veterinary medicine practice certificates

9.1. Veterinary medicine practice certificates were granted ultra vires.

9.2. Individuals are certified by competent agencies that they no longer fall into the subjects defined in Article 66 and fully meet the conditions specified in Article 64 of Decree No. 33/2005/ND-CP.

10. Order and procedures for re-grant of veterinary medicine practice certificates

10.1. Applicants for re-grant of veterinary medicine practice certificates shall send their dossiers to competent agencies defined in Clause 1, Article 65 of Decree No. 33/2005/ND-CP.

10.2. Agencies competent to grant veterinary medicine practice certificates shall follow the re-grant order and procedures guided in Clauses 4 and 5, Section 2 of this Circular.

Section 4. INSPECTION OF VETERINARY SANITATION CONDITIONS OF VETERINARY MEDICINE ESTABLISHMENTS

11. Competence and order of inspecting veterinary sanitation conditions of veterinary medicine establishments

11.1. Individuals or organizations that practice animal surgery or non-clinical test or diagnosis; manufacture, trade, import, export, experiment, test or assay veterinary drugs must satisfy the veterinary sanitation conditions set for their establishments according to the provisions of Articles 16, 52, 54 and 55 of Decree No. 33/2005/ND-CP.

11.2. Agencies competent to grant veterinary medicine practice certificates shall inspect the veterinary sanitation conditions of establishments before granting the practice certificates or before the establishments commence their operation according to the provisions of Clause 4, Section 2 of this Circular.

11.3. Individuals or organizations that are inspected in terms of veterinary sanitation conditions must pay charges and fees according to the provisions of the Finance Ministry's Decision No. 08/2005/QD-BTC of January 20, 2005, providing for the regime of collection, remittance, management and use of veterinary charges and fees.

11.4. Individuals and organizations must ensure veterinary sanitation conditions of their practice establishments throughout their operation duration according to the provisions of law on veterinary medicine; any violations shall be sanctioned according to the provisions of law on veterinary medicine and other relevant laws.

12. Responsibilities of competent agencies

The Animal Health Department shall guide the forms of veterinary medicine practice certificates.

Provincial-level Animal Health Sub-Departments shall grant veterinary medicine practice certificates under the guidance in this Circular.

13. Implementation effect

This Circular takes effect 15 days after its publication in "CONG BAO." All previous regulations which are contrary to this document are hereby annulled.

If facing any problems in the course of implementation, organizations and individuals should rep ort them to the Ministry of Agriculture and Rural Development for timely adjustment or supplementation.

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