| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
| No: 05/2007/ND-CP | Hanoi, January 09, 2007 |
DECREE
ON ANIMAL RABIES PREVENTION AND COMBAT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the April 29, 2004 Ordinance on Veterinary Medicine;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects of application
1. This Decree provides for prevention and combat of rabies of dogs, cats and other domestic animals susceptible to rabies (hereinafter collectively referred to as animals).
2. Vietnamese and foreign agencies, organizations or individuals engaged in the raising, transportation, trading, processing, export, import of animals and prevention and treatment of animal diseases shall observe the provisions of this Decree and other provisions 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.
Where it is otherwise provided for by a treaty to which the Socialist Republic of Vietnam is a contracting party, the provisions of that treaty prevail.
Article 2.- Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Other domestic animals susceptible to rabies include buffaloes, cows, horses, swine, camels and monkeys.
2. Rabies means an acute infectious disease caused by a virus of the Rhabdoviridae family on many animal species and humans. Infected animals at the early phase of the disease are out of their mind and looking to aggressively bite things and other animals or humans and transmitting the disease through scratches and bites. Before dying of the disease, the infected animals often become paralyzed.
3. Rabid animal means an animal developing typical symptoms and pathological signs of rabies or on which the rabies germ is found.
4. Suspected rabid animal means an animal bitten, scratched or licked by a rabid animal.
5. Animal contracting rabies means an animal that has had contact with a rabid animal or a suspected rabid animal.
6. Animal suspected of contracting rabies means a dog or a cat that bites or scratches humans or other animals without provocation.
7. Rabies nidus means a village, hamlet or street quarter (hereinafter collectively referred to as village) where exist rabid animals.
8. Rabies epidemic-infected area means an area where exist one or more rabies niduses, which have been identified by a competent animal health agency.
Article 3.- Prohibited acts
1. Giving rabies vaccination to dogs and cats suspected of being rabid, contracting rabies or suspected of contracting rabies.
2. Curing rabid animals or suspected rabid animals.
3. Slaughtering rabid animals, suspected rabid animals, animals contracting rabies or suspected of contracting rabies, except for slaughter to take disease samples for testing under the guidance of the animal health agency.
4. Leaving dogs unleashed at public places, populated areas or urban centers.
Article 4.- Responsibilities of state management agencies and People's Committees at all levels in rabies prevention and combat
1. The Ministry of Agriculture and Rural Development has the following responsibilities:
a/ To promulgate documents providing for and guiding measures to prevent and combat rabies, including vaccination, observation of animals suspected of being rabid, contracting rabies or suspected of contracting rabies; killing of rabid animals and destruction of their products; animal slaughter and biopsy for test samples; packaging and sending of samples taken from sick animals for rabies diagnosis; registration for dog keeping, management of pet dogs and killing of ownerless dogs;
b/ To formulate a program on control and eradication of rabies in animals and humans, then submit it to the Prime Minister for approval, and direct the implementation of this program within the scope of its functions and tasks;
c/ To direct the animal rabies prevention and combat throughout the country;
d/ To inspect and oversee the direction and organization of animal rabies prevention and combat throughout the country.
2. The Ministry of Health has the following responsibilities:
a/ To promulgate documents guiding measures to prevent and combat human rabies; to organize prophylactic treatment, examination and consultation for prevention and combat of human rabies; vaccination, observation and treatment of people who are bitten or scratched by rabid animals, suspected rabid animals, animals contracting rabies or animals suspected of contracting rabies;
b/ To coordinate with the Ministry of Agriculture and Rural Development in formulating a program on control and eradication of animal and human rabies; to direct the implementation of this program after it is approved by the Prime Minister within the ambit of its functions and tasks;
c/ To direct the prevention and combat of human rabies throughout the country;
d/ To inspect and oversee the direction and organization of prevention and combat of human rabies throughout the country.
3. People's Committees at all levels have the following responsibilities:
a/ To organize the implementation of the anti-rabies program in their respective localities;
b/ To direct and organize the application of anti-epidemic measures specified in this Decree and 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;
c/ To direct and organize the vaccination of dogs and cats; to apply other mandatory prophylactic measures to prevent animal rabies; to disseminate and educate law to the people so that they actively participate in the prevention and combat of human and animal rabies.
Dogs left unleashed at public places, populated areas or urban centers shall be caught and impounded under regulations of commune, ward or township People's Committees (hereinafter referred to as commune-level People's Committees), which shall notify on the mass media places of temporary impoundment of seized dogs for their owners to redeem them, impose administrative sanctions on animal owners, and kill dogs which are not redeemed 48 hours after the notification is made.
Article 5.- Responsibilities of organizations and individuals keeping animals
1. Organizations and individuals keeping animals (hereinafter referred to as domestic animal owners) shall abide by the regulations on rabies prevention and combat and the instructions of the animal health agency in the course of treating an epidemic nidus in accordance with the provisions of Clause 1, Article 11 of this Decree.
2. Dog owners shall keep their dogs in accordance with the provisions of Article 6 of this Decree and bear all expenses for impoundment of their unleashed dogs, including expenses for feeding and killing them.
3. Owners of dogs or cats that are rabid and have bitten or scratched humans shall pay material damages according to law.
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