Circular No. 01/2022/TT-BNNPTNT Amending and supplementing some Circulars in the fisheries sector

CIRCULAR
Amending and supplementing certain Circulars in the field of fisheries
                        

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Fisheries Law dated November 21, 2017;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

Animal Feed - Maximum Allowable Levels of Safety Indicators in Animal Feed and Raw Materials for Aquafeed Production.

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain Circulars in the field of fisheries.

1. Amending and supplementing points a, c, and e of Clause 2, Article 5 as follows:

"a) Survey design: survey location, sampling at fishing ports or locations where fishery products are loaded/unloaded; for fishing vessels that do not load/unload fishery products at fishing ports, representative yields must be obtained according to vessel groups (classified by fishing methods and vessel length categories); survey subjects: must ensure the statistical data of all fishing vessels in the locality (classified by fishing methods and vessel length categories); actual fishing days; total fishery product yield statistics of the locality (classified by species/groups of harvested fishery products); biological data of fishery species groups in the harvest yield;

c) Conducting surveys: statistically analyzing fishery biological samples according to Model No. 01 and Model No. 02 of Appendix IV issued together with this Circular;

e) Reporting survey results including the following main contents: total number of fishing vessels, structure of fishing vessels by fishing methods, vessel groups by maximum vessel length; total harvest yield, structure of fishery product harvest yield by species/groups; price of fishery products by species/groups; current state of fishing activities, current state of fishery resource exploitation and management, and proposed management solutions for fishery resource exploitation and protection."

2. Supplementing Article 10a after Article 10 as follows:

"Article 10a. Adjusting boundaries and areas of marine protected zones

Marine protected zones may be adjusted in terms of boundaries and areas to suit practical management needs. The adjustment of boundaries and areas of marine protected zones shall be carried out as follows:

1. Implementation procedures:

a) The management board of the marine protected zone shall submit a written proposal to the provincial-level fisheries management authority to seek approval from the provincial People's Committee for the adjustment of boundaries and areas of the marine protected zone;

b) The management board of the marine protected zone shall take the lead in developing a project to adjust boundaries and areas of the marine protected zone;

c) The provincial-level fisheries management authority shall take the lead in organizing public opinion solicitation from residents legally residing within and around the marine protected zone regarding the adjustment plan, ensuring a minimum of 70% of community opinions and obtaining written opinions from relevant Departments, Provincial People's Committees, and District People's Committees; within 15 days of receiving the request for comments, the agencies and organizations solicited for opinions shall provide written feedback;

d) The provincial-level fisheries management authority shall submit the project to adjust boundaries and areas of the marine protected zone to the provincial People's Committee for review.

2. Documents for review include:

a) A report requesting review of the project to adjust boundaries and areas of the marine protected zone;

b) An explanatory report on the project to adjust boundaries and areas of the marine protected zone;

c) A summary table explaining and incorporating opinions from relevant Departments, Provincial People's Committees, and District People's Committees; opinions from residents legally residing within and around the marine protected zone in the proposed adjustment area;

d) Other related documents (if any).

3. Contents of the review:

a) The necessity to adjust boundaries and areas of the marine protected zone (legal basis, practical grounds);

b) Objectives of the adjustment;

c) Adjustment plans;

d) Conservation plan for biodiversity, restoration of natural ecosystems; protection and preservation of natural landscapes, cultural and historical values;

d) Implementation costs;

e) Organizational implementation measures.

4. Review process:

a) The provincial-level fisheries management authority shall send one set of documents as stipulated in Clause 2 of this Article to the provincial People's Committee;

b) The provincial People's Committee shall establish a multi-sectoral review board consisting of at least seven members who are leaders of relevant Departments, Provincial People's Committees, and District People's Committees, and experts in the fields of fisheries and biodiversity, chaired by the leader of the provincial People's Committee, and organize the review according to the contents specified in Clause 3 of this Article;

c) The provincial People's Committee shall send the documents to the Ministry of Agriculture and Rural Development for written comments. The documents shall include: the review document and materials specified in points b, c, and d of Clause 2 of this Article;

d) Based on the comments of the Ministry of Agriculture and Rural Development, the provincial People's Committee shall consider and decide on the adjustment of boundaries and areas of the marine protected zone;

d) Within 45 days of receiving the documents as prescribed, the competent authority shall organize the review of the documents, conduct on-site inspections if necessary, issue a decision to adjust boundaries and areas of the marine protected zone. In case of not issuing a decision to adjust boundaries and areas of the marine protected zone, a written response must be provided, stating the reasons.

5. The explanatory report on the project to adjust boundaries and areas of the marine protected zone shall be prepared according to Model No. 03 of Appendix I, and the decision to adjust boundaries and areas of the marine protected zone shall be prepared according to Model No. 04 of Appendix I issued together with this Circular."

3. Supplementing Clause 3 to Article 12 as follows:

"3. Organizations and individuals engaged in fishery exploitation must mark fishing gear according to the provisions of Appendix V issued together with this Circular."

4. Supplementing Clause 3 and Clause 4 to Article 15 as follows:

"3. Organizing training and guidance for fisheries management authorities, port management organizations, local liaison systems, and related organizations and individuals on conducting surveys and evaluating commercial fishing operations.

4. Developing and submitting to the competent authority for promulgation standards for fishing operations, economic-technical norms; guidelines on fishery species/groups and fishing zones for surveys and evaluations of commercial fishing operations."

5. Amending and supplementing point a of Clause 1 of Article 16 as follows:

"a) Allocating funds and personnel to organize the implementation of commercial fishing operation surveys; compiling, managing, and reporting to the provincial People's Committee and the Ministry of Agriculture and Rural Development the results of commercial fishing operation surveys, fishery resource assessments, and living environments of fishery species in the province before December 20 each year;"

6. Abolishing point b of Clause 4 of Article 11 and Clause 2 of Article 15.

7. Replace Appendix I with Appendix I issued together with this Circular; replace Appendix II with Appendix II issued together with this Circular; replace Appendix III with Appendix III issued together with this Circular.

8. Supplement Appendix IV and Appendix V following Appendix III.

Article 2. Amend and supplement some articles of Circular No. 20/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on uniforms, emblems, flags, traditional flags, fishery inspection cards, and paint colors for fishery inspection vessels as follows:

1. Amend Clause 2 and supplement Clause 4 of Article 12

a) Amend and supplement Clause 2 as follows:

"2. Additional uniforms: In addition to regular uniforms, personnel regularly working on fishery inspection vessels, staff working at the Fishery Inspection Service Command Office under the Fishery Inspection Department, the Fishery Inspection Service Office under the Regional Fishery Inspection Branch, Fishery Inspection Stations, Provincial Fishery Inspection Authorities under centrally governed cities, and Fishery Inspection Teams shall be provided additional uniforms according to the provisions set out in Section 2 of Appendix III issued together with this Circular."

b) Supplement Clause 4 as follows:

"4. Based on specific conditions, the head of the Fishery Inspection Authority shall decide to tailor and provide uniforms for Fishery Inspectors, civil servants, officials, and workers in the Fishery Inspection Authority or issue certificates allowing individuals to tailor their own uniforms in accordance with the prescribed standards, forms, colors, and styles of uniforms."

2. Amending and supplementing Article 14 as follows:

"Article 14. Competence and criteria for issuing fishery inspection cards"

1. The Director of the Fisheries General Administration shall issue fishery inspection cards to civil servants working in Fishery Inspection Authorities throughout the country. The Fisheries General Administration shall manage the use of card blanks; manage the small seal and embossed stamp affixed on the cards; decide on the issuance of cards; monitor and retain records of card issuance.

2. Civil servants currently working in Fishery Inspection Authorities who are not under disciplinary action from reprimand upwards shall be eligible for a card if they meet one of the following conditions:

a) Appointed to one of the fishery inspector civil service ranks;

b) Hold a Certificate of Professional Training in Fishery Inspection.

3. Training and issuance of Certificates of Professional Training in Fishery Inspection

a) The Fisheries General Administration shall organize training and issue Certificates of Professional Training in Fishery Inspection;

b) The framework program for professional training in Fishery Inspection is stipulated in Model No. 04 of Appendix VI issued together with this Circular;

c) Trainees participating in professional training in Fishery Inspection are civil servants currently working in Fishery Inspection Authorities who have been assigned to attend training;

d) Trainees shall be issued Certificates of Professional Training in Fishery Inspection according to Model No. 05 of Appendix VI issued together with this Circular upon completion of the professional training program and meeting the final examination requirements.

4. Civil servants transferred to work in operational units under Fishery Inspection Authorities but not yet appointed to the rank of specialized Fishery Inspector civil servant, if they meet the provisions of point b, Clause 2 of this Article, shall be eligible for a card."

3. Repeal point d, Clause 3 of Article 15.

4. Replace the phrase "VIET NAM FISHERIES RESOURCES SURVEILLANCE" printed on the image of fishery inspection vessels specified in Section 1 of Appendix IV with the phrase "VIET NAM FISHERIES SURVEILLANCE".

5. Replace Appendix VI with Appendix VI issued together with this Circular.

1. Amend and supplement Clause 1, and supplement Clause 3 of Article 4 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The captain of fishing vessels with a maximum length of 12 meters or more must record daily fishing operation logs according to Model No. 01 of Appendix I issued together with this Circular; submit the fishing operation logs to the port management organization before unloading fisheries products. Fishing operation logs can be recorded on paper with the signature of the captain or electronically with a unique identifier installed by the equipment provider and automatically updated with the voyage number within the year."

b) Supplement Clause 3 as follows:

"3. Electronic fishing operation logs and electronic certificates of raw material confirmation for fisheries products, in accordance with the prescribed models, can be used as a basis for confirming and certifying fisheries products from fishing."

2. Amend and supplement Clause 1, and supplement Clause 3 of Article 5 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The captain of fishing vessels engaged in purchasing and transferring fisheries products must record daily logs of purchasing and transferring fisheries products according to Model No. 02 of Appendix I issued together with this Circular; submit the logs of purchasing and transferring fisheries products to the port management organization before unloading fisheries products. Logs of purchasing and transferring fisheries products can be recorded on paper with the signature of the captain or electronically with a unique identifier installed by the equipment provider and automatically updated with the voyage number within the year."

b) Supplement Clause 3 as follows:

"3. Electronic logs of purchasing and transferring fisheries products and electronic certificates of raw material confirmation for fisheries products, in accordance with the prescribed models, can be used as a basis for confirming and certifying fisheries products from fishing."

3. Amend and supplement Clauses 2 and 3 of Article 7 as follows:

"2. Supervise the unloading of fisheries products through ports

Upon receiving a request to dock from the captain of a fishing vessel, the port management organization shall compare the list of fishing vessels involved in illegal fishing and the list of fishing vessels at high risk of illegal fishing; if the vessel is listed as involved in illegal fishing, it shall not be allowed to unload fisheries products and the relevant authorities shall be notified to handle the matter according to regulations; if the vessel is listed as at high risk of illegal fishing, it shall be allowed to dock and the relevant authorities shall be notified to inspect and handle the matter according to regulations; if the vessel is not listed as involved in illegal fishing, it shall be allowed to dock and unload fisheries products, and staff shall supervise the quantity and species of fisheries products unloaded through the port.

If the actual quantity of fisheries products unloaded differs by more than 20% from the reported quantity prior to docking, a record shall be made and handled according to authority or referred to the competent authority for handling according to regulations.

3. Receipt for unloading aquatic products through ports

At the request of organizations or individuals purchasing aquatic products, the port management organization shall check the information declared on the Receipt for Unloading Aquatic Products Through Ports according to Model No. 02 attached as Appendix II of this Circular, confirm when the information matches the actual situation of fishing vessels unloading aquatic products at the port; retain a copy at the port management organization.

Organizations or individuals purchasing aquatic products from each fishing vessel arriving at the port shall be issued one receipt for unloading aquatic products through ports in accordance with the quantity and species composition purchased.

"Article 8. Liquidity ratio, in case microfinance organizations have a risk of losing the ability to pay, losing the ability to pay

Article 8. List of Fishing Vessels Engaged in Illegal Fishing

1. Fishing vessels included in the list of fishing vessels engaged in illegal fishing fall under one of the following cases:

a) Fishing vessels violating foreign waters that are seized by foreign authorities and reported to Vietnamese competent authorities, except in the case provided for in point a, Clause 2 of this Article;

b) Fishing vessels violating foreign waters that are seized but released, or fishing vessels penalized by Vietnamese competent authorities for illegal fishing activities in the waters of another country or territory without a permit or with an expired permit, or without approval or with an expired approval, and such penalties have not been fully executed;

c) Fishing vessels penalized for one of the following offenses: Fishing in the waters of another country or territory or in areas under the jurisdiction of regional fisheries organizations without a permit or with an expired permit, or without approval or with an expired approval; Violating regulations on management and conservation of aquatic resources such as failing to maintain fishing logs or recording inaccurately compared to the requirements of regional fisheries organizations, or seriously misreporting; Fishing in international waters outside the jurisdiction of regional fisheries organizations contrary to regulations on fishing and protecting aquatic resources.

2. Fishing vessels removed from the list of fishing vessels engaged in illegal fishing fall under one of the following cases:

a) Fishing vessels violating foreign waters that are confiscated and destroyed by foreign authorities;

b) Fishing vessels deregistered in accordance with point a and point b, Clause 1, Article 72 of the Fisheries Law;

c) Fully executing administrative penalty decisions;

d) Having evidence proving that the fishing vessel did not violate.

3. Publishing the List of Fishing Vessels Engaged in Illegal Fishing

a) Weekly, based on notifications from foreign competent authorities, Vietnamese diplomatic missions abroad, the Ministry of Foreign Affairs, the Ministry of National Defense, People's Committees of provinces and centrally governed cities, and the General Department of Fisheries, compile a list of fishing vessels suspected of violating the provisions of point a, Clause 1 of this Article and send it to the Department of Agriculture and Rural Development to take the lead and coordinate with relevant agencies to verify. In cases where there is sufficient evidence proving that the fishing vessel violated point a, Clause 1 of this Article, or if the Department of Agriculture and Rural Development does not respond within twenty working days from the date of notification, the General Department of Fisheries will include the fishing vessel in the list of fishing vessels engaged in illegal fishing;

b) Weekly, the Department of Agriculture and Rural Development compiles a list of penalized fishing vessels and those that have fully executed administrative penalty decisions according to Clause 1 of this Article, and sends it to the General Department of Fisheries for consolidation, inclusion, exclusion from the list of fishing vessels engaged in illegal fishing, and publication on the General Department of Fisheries' website (https://tongcucthuysan.gov.vn).

5. Supplement Article 8a after Article 8 as follows:

Article 8a. List of Fishing Vessels at High Risk of Violating Regulations on Illegal Fishing

1. Fishing vessels included in the list of fishing vessels at high risk of violating regulations on illegal fishing fall under one of the following cases:

a) Fishing vessels without a Fishing Permit; or a permit that has been expired for ten days or more but have not engaged in fishing;

b) Fishing vessels not maintaining tracking signals while operating at sea for six hours or more without reporting their position as required;

c) Fishing vessels violating prohibited fishing zones or fishing areas;

d) Fishing vessels violating foreign waters but not yet seized by foreign authorities and reported to Vietnamese competent authorities, except in the case provided for in point a, Clause 2 of this Circular.

2. Fishing vessels removed from the list of fishing vessels at high risk of violating regulations on illegal fishing fall under one of the following cases:

a) Fishing vessels have rectified the issues specified in point a and b, Clause 1 of this Article;

b) Have been administratively penalized for the violations specified in Clause 1 of this Article.

3. Compiling the List of Fishing Vessels at High Risk of Violating Regulations on Illegal Fishing

a) Weekly, the Department of Agriculture and Rural Development compiles a list of fishing vessels at high risk of violating regulations on illegal fishing as specified in point a and c, Clause 1 of this Article from localities and sends it to the General Department of Fisheries, other Departments of Agriculture and Rural Development of coastal provinces and cities, and provincial functional agencies (port management organizations, Border Guard units, Fishery Control Units) for monitoring, inspection, and handling in accordance with regulations;

b) Daily, the General Department of Fisheries reviews and compiles a list of fishing vessels at high risk of violating regulations on illegal fishing as specified in point b, c, and d, Clause 1 of this Article and publishes it on the General Department of Fisheries' website for functional agencies to search, monitor, inspect, and handle in accordance with regulations.

6. Supplement Clause 7 to Article 14 as follows:

7. Develop software for tracing the origin of aquatic products and rules for managing and using the software to electronically trace the origin of aquatic products uniformly nationwide.

"1. Enterprises that employ fewer disabled workers than the prescribed ratio under Article 14 of this Decree must pay monthly into the Employment Fund for Disabled Workers an amount equal to the current minimum wage set by the State multiplied by the number of additional disabled workers the enterprise needs to hire to meet the prescribed ratio."

"1. Direct, organize the implementation, and inspect compliance with regulations on combating illegal, unreported, and unregulated fishing within the scope of assigned functions and tasks for exported aquatic products to markets with requirements; Confirm commitments, certify exported aquatic products originating from imported fishery catches for export to markets with requirements; Inspect traceability records of raw materials for exported aquatic products during the implementation of food safety sampling activities, lot certification, and export product certification."

8. Amend and supplement Clause 12 of Article 16 as follows:

"12. Report to the General Department of Fisheries on the results of certifying the origin of fishery catches according to Form No. 01 Appendix VII attached hereto, and the operation results of fishing ports in the jurisdiction area according to Form No. 03 Appendix VII attached hereto; retain relevant files related to the certification of the origin of fishery catches for a period of 36 months from the date of certification."

9. Amend and supplement Clause 5, Clause 7, and Clause 8 of Article 17 as follows:

"5. Daily record and update the quantity and species composition of aquatic products unloaded at the port according to Form No. 02 Appendix VII attached hereto; update data on the quantity and species composition of aquatic products unloaded at the port into the national fisheries database as a basis for inspection, confirmation, and certification of fishery products.

7. Issue logbooks and fishing reports to organizations and individuals with fishing vessels; collect logbooks and fishing reports; compile a list of fishing vessels that have submitted logbooks and fishing reports and send it to the provincial fisheries management agency before the 20th day of each month; promptly update data from logbooks and fishing reports into the national fisheries database as a basis for inspection, confirmation, and certification of fishery products.

8. Before the 20th day of each month, report to the Department of Agriculture and Rural Development to compile the operational results of fishing ports in the jurisdiction area according to Form No. 03 Appendix VII attached hereto; retain relevant files related to the issuance of Port Receipts for unloading aquatic products, certificates of fishery raw material origins for a period of 36 months from the date of certification.

Reissue Port Receipts for unloading aquatic products upon request of organizations and individuals; the number of reissued Port Receipts for unloading aquatic products shall be identical to the original Port Receipts for unloading aquatic products issued and shall include the symbol "R" following the issued number; the validity period of reissued Port Receipts for unloading aquatic products shall be equal to the remaining validity period of the original Port Receipts for unloading aquatic products counted from the date of reissuance."

10. Amend and supplement Clause 2 of Article 19 as follows:

"2. Fully retain files for traceability and differentiation between processed raw material lots, unprocessed raw material lots, and raw material lots currently stored in the warehouse to ensure that the entity only accepts and processes legally sourced raw materials. Retain files confirming the origin of domestically harvested aquatic raw materials, certifying the origin of fishery catches, confirming commitments or certifying exported aquatic products with origins from imported fishery catches for a period of 36 months from the date of confirmation and certification. Choose one of the competent authorities specified in Appendix IV attached hereto to submit application files for certifying the origin of fishery catches."

11. Amend and supplement Article 20 as follows:

"Article 20. Transitional Provisions

1. Fishing logs, purchase and transshipment logs implemented before this Circular takes effect may continue to be used as a basis for confirming raw materials and certifying the origin of fishery catches.

2. Port Receipts for unloading aquatic products, Certificates of fishery raw material origins, Certificates of fishery catch origins, Certificates of commitments for exported aquatic products with origins from imported fishery catches, Certificates of exported aquatic products with origins from fishery catches issued before this Circular takes effect may continue to be used until their expiration date.

3. The master of fishing vessels shall use the Fishing Logbook according to Form No. 01 Appendix VII, and the Purchase and Transshipment Logbook according to Form No. 02 Appendix VII attached hereto (revised and supplemented forms) starting from April 1, 2022."

12. Replace Form No. 01 Appendix I with Form No. 01 Appendix VII attached hereto; replace Form No. 02 Appendix I with Form No. 02 Appendix VII attached hereto; replace Form No. 02 Appendix II with Form No. 03 Appendix VII attached hereto; replace Form No. 04 Appendix II with Form No. 04 Appendix VII attached hereto; replace Form No. 02 Appendix III with Form No. 05 Appendix VII attached hereto; replace Form No. 02 Appendix VII with Form No. 06 Appendix VII attached hereto; replace Form No. 03 Appendix VII with Form No. 07 Appendix VII attached hereto.

Article 4. Amend and supplement some provisions of Circular No. 22/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on crew members of fishing vessels and fishery service vessels as follows:

1. Amending and supplementing Clause 3 of Article 5 as follows:

"3. Professional standards, professional certificates:

Hold a diploma or certificate in accordance with the provisions of Clause 1, Article 11 of this Circular."

2. Amending and supplementing Clause 11 as follows:

"Article 11. Provisions on professional certificates for masters, chief officers, chief engineers, and engineers of fishing vessels

1. Provisions on professional certificates for crew members of fishing vessels

a) Masters, chief officers, chief engineers, and engineers of fishing vessels must hold minimum certificates according to the groups of fishing vessels as follows:

b) A person holding a master's certificate for Group I fishing vessels is eligible to serve as a master for Group II and Group III fishing vessels. A person holding a master's certificate for Group II fishing vessels is eligible to serve as a master for Group III fishing vessels and a chief officer for Group I fishing vessels.

A person holding a chief engineer's certificate for Group I fishing vessels is eligible to serve as a chief engineer for Group II and Group III fishing vessels. A person holding a chief engineer's certificate for Group II fishing vessels is eligible to serve as a chief engineer for Group III fishing vessels.

A person holding a chief engineer's certificate for Groups I, II, and III is eligible to serve as an engineer.

2. Standards for trainees participating in the training program to obtain professional certificates for masters, chief engineers, and engineers of fishing vessels:

a) General standards: Vietnamese citizen, clear record, at least 18 years old, appropriate educational level and health condition for the position of crew member being trained; valid application, payment of tuition fees as prescribed;

b) Trainees participating in training to obtain a crew member certificate at a certain level must complete the content and program of that level as prescribed in Appendix I issued together with this Circular.

3. Trainees must participate in training and be awarded certificates at a training institution with a teaching staff having the appropriate professional qualifications and training programs suitable for the positions of crew members of fishing vessels.

4. The content and framework of the training program for masters, chief engineers, and engineers of fishing vessels are as follows:

a) For trainees participating in initial training, they must complete all content and number of hours as prescribed in Section A of Appendix I issued together with this Circular;

b) For trainees participating in upgrading training, they must complete the content and number of hours for upgrading as prescribed in Section B of Appendix I issued together with this Circular.

5. Based on the framework program prescribed in Clause 4 of this Article, the training institution shall develop detailed programs and textbooks; organize admissions, training; conduct examinations and issue certificates for masters, chief engineers, and engineers of fishing vessels according to the unified certificate templates at Appendix II issued together with this Circular."

3. Amend and supplement Clause 3 of Article 44 as follows:

"3. Subject to inspection and guidance on training programs for masters, chief engineers, and engineers of fishing vessels by the Fisheries General Department and competent state management agencies; report training results of fishing vessel crew members to the Fisheries General Department and Provincial Departments of Agriculture and Rural Development of provinces and cities conducting training and upgrading of fishing vessel crew members every six months before June 20th and annually before December 20th according to the reporting template at Appendix IX issued together with this Circular."

4. Supplement Clause 4 to Article 45 as follows:

"4. In cases where the fishing vessel crew member certificate is lost, damaged, or contains incorrect information, or if a person who has an old model certificate requests a replacement, the training institution for fishing vessel crew members may issue a replacement certificate according to the format prescribed in this Circular. The number of the replacement certificate must include the symbol CL after the certificate number (in the structure: Number... /CCTVTC/CL)."

5. Replace Appendix I with Appendix VIII issued together with this Circular.

6. Supplement Appendix III with Appendix IX issued together with this Circular.

Article 5. Amend and supplement some articles of Circular No. 23/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on marine fishing vessel surveyors; recognition of marine fishing vessel surveying facilities; ensuring technical safety of marine fishing vessels and fishery patrol vessels; registration of marine fishing vessels and fishery service vessels; cancellation of marine fishing vessel registration and marking of marine fishing vessels as follows:

1. Amend and supplement Clause 2 of Article 5 as follows:

"2. Duties of Class III surveyors:

a) Annual inspection and evaluation of the technical condition of various types of marine fishing vessels and fishery service vessels;

b) Inspection and evaluation of the technical condition of various types of marine fishing vessels and fishery service vessels on the slipway at regular intervals according to their specialized training."

2. Amend and supplement Point d Clause 1 and Clause 2 Article 6 as follows:

a) Amend and supplement Point d Clause 1 Article 6 as follows:

"d) Has been issued a technical card and stamp for Class III marine fishing vessel surveyor and has continuously held the class for a minimum of 36 months from the date of issuance of the marine fishing vessel surveyor card;"

b) Amend and supplement Clause 2 Article 6 as follows:

"2. Duties of Class II surveyors:

a) Review the technical design for new construction, modification, restoration, construction drawings, completion drawings of marine fishing vessels and fishery service vessels, machinery, and equipment installed on marine fishing vessels and fishery service vessels according to their specialized training;

b) Inspect and evaluate the technical condition during new construction, initial, on the slipway, periodic, modification, and abnormal conditions of various types of marine fishing vessels and fishery service vessels;

c) Inspect and supervise the manufacture of materials, machinery, and equipment installed on marine fishing vessels and fishery service vessels."

3. Amend and supplement Point d Clause 1 and Clause 2 Article 7 as follows:

a) Amend and supplement Point d Clause 1 Article 7 as follows:

"d) Has been issued a technical card and stamp for Class II marine fishing vessel surveyor and has continuously held the class for a minimum of 36 months from the date of issuance of the marine fishing vessel surveyor card;"

b) Amend and supplement Clause 2 Article 7 as follows:

"2. Duties of Class I surveyors:

Participate in technical investigation, determination of causes of accidents involving marine fishing vessels and fishery service vessels and other duties specified in Clause 2 Article 6 of this Circular."

4. Amend and supplement Clause 4 Article 8 as follows:

"4. Individuals who have completed the refresher course for marine fishing vessel surveyors and obtained the Certificate of Refresher Course for Marine Fishing Vessel Surveyors according to Model No. 02.DKV Appendix II issued together with this Circular shall be issued such certificate upon completion of the refresher course and passing the final examination. The Certificate of Refresher Course for Marine Fishing Vessel Surveyors will be reissued in case of loss or damage; individuals requesting reissue must submit an application according to Model No. 05.DKV Appendix II issued together with this Circular to the Fisheries General Department.

Within five working days from the date of receipt of the request for reissuance of the Certificate of Refresher Course for Marine Fishing Vessel Surveyors, the Fisheries General Department will issue the Certificate of Refresher Course for Marine Fishing Vessel Surveyors according to Model No. 02.DKV Appendix II issued together with this Circular; if the certificate is not reissued, the Fisheries General Department will provide a written response stating the reasons."

5. Amend and supplement Article 9 as follows:

"Article 9. Issuance and Reissuance of Technical Cards and Stamps for Marine Fishing Vessel Surveyors

1. Authority responsible for issuing and reissuing technical cards and stamps for marine fishing vessel surveyors: Fisheries General Department.

2. Documents required for issuance and reissuance of technical cards and stamps for marine fishing vessel surveyors include:

a) Application for issuance/reissuance of technical card and stamp for marine fishing vessel surveyor according to Model No. 03.DKV Appendix II issued together with this Circular;

b) Copy of the Certificate of Refresher Course for Marine Fishing Vessel Surveyor Class I or Class II or Class III (for first-time issuance);

c) Two color photographs (3 x 4 cm).

3. Procedures for implementation:

a) Individuals submit one set of documents directly to the Fisheries General Department or send via postal service or through electronic environment (single window national portal, online public services, electronic software, email, fax) if available;

b) In case of direct submission: The Fisheries General Department checks the completeness of the documents and responds immediately when the individual submits the documents;

c) In case of submission via postal service or electronic environment: Within two working days, the Fisheries General Department reviews the completeness of the documents; if the documents are incomplete, the Fisheries General Department issues a written notice specifying the missing items;

d) Within twelve working days from the date of receipt of complete documents, the Fisheries General Department reviews and decides to issue the technical card and stamp for marine fishing vessel surveyor according to Model No. 04.DKV Appendix II issued together with this Circular; if issuance is denied, the Fisheries General Department provides a written response stating the reasons;

e) The Fisheries General Department delivers the results directly at the place of submission or sends via postal service.

4. The marine fishing vessel surveyor card is valid for thirty-six months from the date of issuance. The card is reissued in cases of expiration or loss or damage. If the marine fishing vessel surveyor card expires for twenty-four months or more, the surveyor must participate in the refresher course for marine fishing vessel surveyors and obtain the Certificate of Refresher Course for Marine Fishing Vessel Surveyors to be eligible for reissuance."

6. Amend and supplement Clause 2 Article 11 as follows:

"2. Documents include:

a) Application for issuance of Certificate of Eligibility for Marine Fishing Vessel Surveying Facility according to Model No. 01.CN Appendix III issued together with this Circular;

b) Quality management system documentation according to ISO 9001 or equivalent standard."

7. Supplement Clause 5 Article 11 as follows:

"5. In cases where natural disasters or epidemics prevent on-site inspections at the facility as stipulated in Point d Clause 3 and Clause 4 of this Article, online inspections may be conducted; or the maintenance inspection activities of the marine fishing vessel surveying facility may be temporarily suspended for a maximum of six months.

The Fisheries General Department will provide technical and operational guidance for online assessment to issue the Certificate of Eligibility for Marine Fishing Vessel Surveying Facility."

8. Amend and supplement Article 17 as follows:

"Article 17. Issuance of Safety Technical Certificate for Marine Fishing Vessels

1. Authority to issue Safety Technical Certificate for Marine Fishing Vessels is the marine fishing vessel surveying facility.

2. The documents include:

a) Application for issuance of Safety Technical Certificate for Marine Fishing Vessel according to Model No. 03.BD Appendix VI issued together with this Circular;

b) Photocopy of the reviewed design documents (for new construction or modification of marine fishing vessels).

3. Procedures for implementation:

a) Organizations and individuals submit one set of documents directly to the marine fishing vessel surveying facility or send via postal service or through electronic environment (email, fax) if available;

b) In case of direct submission of the application: The fishing vessel inspection facility shall check the components of the application and respond immediately when the organization or individual submits the application;

c) In case of submission through postal service or online environment: Within two working days from the date of receipt, the fishing vessel inspection facility shall examine the completeness of the application. If the application is incomplete according to regulations, the fishing vessel inspection facility shall issue a written notice clearly informing the organization or individual to supplement the missing information;

d) Within one working day from the date of receiving a complete application as prescribed, the fishing vessel inspection facility shall agree on the time and place for inspection with the requesting organization or individual;

đ) The fishing vessel inspection facility shall conduct technical safety supervision of fishing vessels in accordance with the technical standards for fishing vessels and related technical standards and regulations. For materials, machinery, and equipment specified in Appendix XI issued together with this Circular, before installation on fishing vessels, the requesting organization or individual must submit (copies and present original or certified copies for verification) certificates of conformity and compliance (for domestically produced materials, machinery, and equipment) or certificates of origin and quality certificates (for imported materials, machinery, and equipment) or certification in accordance with the law;

e) In case the main engine is a used marine engine that does not meet the requirements stipulated in point đ clause of this Article, it must be inspected and evaluated by the fishing vessel inspection facility according to Model No. 07.BĐ in Appendix VI issued together with this Circular;

g) In case the results do not meet the requirements, within two working days from the completion of technical supervision, the fishing vessel inspection facility shall notify the organization or individual in writing, specifying the reasons. In case the results meet the requirements, within three working days from the completion of the inspection, the fishing vessel inspection facility shall issue the following documents to the owner of the fishing vessel:

Technical inspection report of the fishing vessel according to Model No. 04a.BĐ to Model No. 04n.BĐ in Appendix VI issued together with this Circular;

Certificate of technical safety of the fishing vessel according to Model No. 05.BĐ in Appendix VI issued together with this Circular;

Inspection book of the fishing vessel for new construction or first-time inspection according to Model No. 06.BĐ in Appendix VI issued together with this Circular;

h) The fishing vessel inspection facility shall deliver the results directly at the location where the application was received or send them through postal service.";

9. Amend and supplement point e clause 2 Article 21 as follows:

"e) A copy of the certificate of technical safety of fishing vessels with a maximum length of 12 meters or more.";

10. Amend and supplement point b, add point đ clause 1; amend and supplement point b, point c clause 2 Article 22 as follows:

a) Amend and supplement point b clause 1 Article 22 as follows:

"b) Changing the name of the vessel, call sign (if any), or technical parameters of the vessel without affecting the technical performance of the fishing vessel;"

b) Add point đ to clause 1 Article 22 as follows:

"đ) Vessels that have been issued a confirmation of registration;"

c) Amend and supplement point b, point c clause 2 Article 22 as follows:

"b) Original certificate of registration of fishing vessels or confirmation of registration, old certificate of registration of fishing vessels for public service; in case the certificate of registration of fishing vessels is lost, the owner of the vessel must declare and specify the reason;"

c) A copy of the certificate of technical safety of fishing vessels with a maximum length of 12 meters or more;"

11. Amend point c clause 2 Article 23 as follows:

"c) Certified copies of documents for imported vessels or bareboat chartered vessels from abroad returning to the first Vietnamese port, including: Permit for importation or bareboat chartering, shipbuilding contract and termination of shipbuilding contract for newly built vessels, certificate of technical safety or classification certificate still valid for six months or more issued by the inspecting organization of the country where the vessel was registered;"

12. Amend and supplement point d clause 2 Article 24 as follows:

"d) Within three working days from the date of receiving a complete application as prescribed, the authority specified in clause 1 Article 21 of this Circular shall issue the certificate of deregistration of fishing vessels according to Model No. 11.ĐKT in Appendix VII issued together with this Circular; hand over the old certificate of registration of fishing vessels cut off the upper right corner and the original registration file of the vessel to the owner of the vessel. In case the certificate of deregistration of fishing vessels is not issued, the authority shall reply in writing and specify the reasons;"

13. Amend and supplement clause 2 Article 26 as follows:

"2. Annually develop plans, organize training for fishing vessel inspectors and announce on the electronic information website of the Fisheries General Department; Organize training sessions, update legal regulations, relevant provisions, standards, and technical regulations;"

14. Amend and supplement clause 1 Article 28 as follows:

"1. Enter into the Fishing Vessel Technical Management Register, Public Service Fishing Vessel Technical Management Register according to Model No. 02.BC in Appendix X issued together with this Circular before issuing the certificate of technical safety of fishing vessels, public service fishing vessels; input data of inspected fishing vessels, public service fishing vessels into the national fisheries database software "VNFISHBASE" as prescribed;"

15. Add clause 4 to Article 32 as follows:

"4. In case the main engine is a used marine engine installed on fishing vessels before the effective date of this Circular, it must be inspected and evaluated according to point e clause 3 Article 17 of this Circular. In case materials, machinery, and equipment specified in Appendix XI issued together with this Circular do not have certificates of origin, quality certificates, or certificates of conformity and compliance, before installation on fishing vessels, the owner of the fishing vessel must carry out inspection according to the law. The inspection of materials, machinery, and equipment before use and installation according to the regulation will be implemented from April 1, 2023;"

16. Repeal points b, c, and đ clause 1 Article 5; points b and c clause 1 Article 6; points b and c clause 1 Article 7.

17. Replace the term "patrol vessel" in this Circular with the term "public service fishing vessel".

18. Replace Appendix I with Appendix X issued together with this Circular; replace Appendix II with Appendix XI issued together with this Circular; replace Appendix III with Appendix XII issued together with this Circular; replace Appendix IV with Appendix XIII issued together with this Circular; replace Appendix V with Appendix XIV issued together with this Circular; replace Appendix VI with Appendix XV issued together with this Circular; replace Appendix VII with Appendix XVI issued together with this Circular; replace Appendix X with Appendix XVII issued together with this Circular.

19. Supplement Appendix XI with Appendix XVIII issued together with this Circular.

Article 6. Amend and supplement some provisions of Circular No. 24/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on updating, exploiting, and managing the national database on fisheries as follows:

1. Amend and supplement Clause 3 of Article 6 as follows:

"3. Data on fishing permits: Registration number of fishing vessels; maximum length; organizations or individuals granted permission; permit number, date of issuance, expiration date, fishing method, fishing area, and registered port, allowable catch volume."

2. Add Clause 20 to Article 6 as follows:

"20. Data on vessel tracking monitoring:

a) Registration number of fishing vessels;

b) Vessel owner: Full name; citizen identification number; address; phone number;

c) Service provider;

d) Device identification code;

đ) Lead seal code."

3. Add Point đ to Clause 9 of Article 7 as follows:

"đ) Information on biological data of fishing methods: length, weight, sex, reproductive organs of individual groups of commercial aquatic products."

4. Add Clause 10 to Article 7 as follows:

"10. Data on fishing vessel observers: observer list, observed fishing method, annual number of sea trips monitored."

5. Amend and supplement Clause 5; Point a, Point b of Clause 6 of Article 10 as follows:

a) Amend and supplement Clause 5 of Article 10 as follows:

"5. Departments of Agriculture and Rural Development of provinces and centrally governed cities shall organize the implementation of data updates as prescribed in Point b of Clause 1, Point a of Clause 2, Clause 3, and Point b of Clause 4 of Article 5; Point a of Clause 1, Point b of Clause 2, Clauses 3, 4, 5, 6, 7, 11, 12, 13, 18, and 19 of Article 6; Clauses 2, 3, 4, 7, and 9 of Article 7; Article 9 of this Circular."

b) Amend and supplement Point a, Point b of Clause 6 of Article 10 as follows:

"a) Update weekly (every Friday): Point c of Clause 3; Points b and c of Clause 4 of Article 5;

b) Update monthly (before the 20th of each month): Points a, b, and c of Clause 1, Point a of Clause 2; Points a, b, d, and đ of Clause 3, Points a and d of Clause 4, and Clause 5 of Article 5; Clauses 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19 of Article 6; Clauses 7 and 9 of Article 7; Articles 8 and 9 of this Circular;"

6. Add Clause 5a after Clause 5 of Article 10 as follows:

"5a. Equipment service providers for vessel tracking systems, ship inspection facilities shall update data as follows:

a) Equipment service providers for vessel tracking systems shall implement data updates as prescribed in Points a, b, c, d, and đ of Clause 20 of Article 6 of this Circular into their own databases and integrate them into the central vessel tracking database immediately upon confirmation by specialized state management agencies. Updates shall be made at the time of new equipment installation or when changes occur in equipment, vessels, or vessel owners;

b) Ship inspection facilities shall perform data updates according to the provisions of Point b of Clause 1 of Article 6 of this Circular."

7. Add Point d, Point đ to Clause 6 of Article 10 as follows:

"d) Update immediately upon occurrence of data as prescribed in Clauses 1 and 3 of Article 6 of this Circular;

đ) Update within a maximum of 24 hours upon occurrence of data as prescribed in Points a, b, c, d, and đ of Clause 20 of Article 6 of this Circular."

8. Amend and supplement Point g of Clause 2 of Article 11 as follows:

"g) Information on ship inspections; fishing quota; fishing permits; fishery ports, anchorage areas; confirmation of fishing raw materials; origin certification of fishing products; training and vocational training for fishing laborers; shipbuilding and modification facilities; ship inspection facilities, ship inspectors; illegal fishing vessels; fishing ground forecasts; food safety certification for fishing vessels and ports; vessel tracking monitoring;"

Article 7. Amend and supplement some articles of Circular No. 25/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on the procedures and formalities for risk assessment and issuance of permits for importing live aquatic products as follows:

1. Add Point e to Clause 2 of Article 5 as follows:

"e) In cases where the permit is lost, damaged, or has changes in information such as the exporter's name, import port, size of the aquatic species, or the importer's address on the permit, the organization or individual shall submit an application form according to Form No. 01 of the Appendix attached hereto to the General Department of Fisheries in accordance with Point a of Clause 2 of this Circular. Within five working days from the date of receipt of the application, the General Department of Fisheries shall reissue the permit according to Form No. 06 of the Appendix attached hereto. If the permit is not reissued, the General Department of Fisheries must respond in writing and specify the reasons."

2. Amend and supplement some points and clauses of Article 6 as follows:

a) Amend and supplement Point c Clause 1 as follows:

"c) The original Report on the results of importing, transporting, and keeping live aquatic products for 12 months up to the date of submission of the application according to Form No. 04 of the Appendix attached hereto; a copy of the inspection report of the competent state management agency on aquatic products according to Form No. 07 of the Appendix attached hereto (applicable to organizations and individuals who have imported live aquatic products for the second time or more)."

b) Add Point c to Clause 4 as follows:

"c) In cases where the permit is lost, damaged, or has changes in information such as the exporter's name, import port, size of the aquatic species, or the importer's address on the permit, the organization or individual shall comply with the provisions of Point e of Clause 2 of this Circular."

3. Amending and supplementing Clause 3 of Article 9 as follows:

"3. Risk assessment is based on: The contents stipulated in Article 8 of this Circular and relevant Vietnamese legal regulations; scientific works related to imported live aquatic products published in reputable domestic and foreign scientific journals (documents that are assigned an international standard serial number for periodicals or an international standard book number for officially published books by the Food and Agriculture Organization of the United Nations or equivalent documents); warnings from authorized agencies of countries and international organizations related to imported live aquatic products, and files provided by organizations and individuals requesting risk assessment."

4. Amend and supplement Clause 2 of Article 12 as follows:

"2. The live aquatic product quarantine agency shall be responsible for:

a) Sending information on the name of the species and quantity of imported live aquatic products by each enterprise to the General Department of Fisheries before the 25th day of each month;

b) Sending information on the results of the batch inspection to the provincial-level state management agency on aquatic products within five working days from the date of obtaining the inspection results."

5. Replace Form No. 01 of the Appendix with Form No. 01 of Appendix XIX issued together with this Circular; Replace Form No. 06 of the Appendix with Form No. 02 of Appendix XIX issued together with this Circular; Replace Form No. 04 of the Appendix with Form No. 03 of Appendix XIX issued together with this Circular; Replace Form No. 08 of the Appendix with Form No. 04 of Appendix XIX issued together with this Circular; Replace Form No. 09 of the Appendix with Form No. 05 of Appendix XIX issued together with this Circular.

Article 8. Amend and supplement some articles of Circular No. 26/2018/TT-BNNPTNT dated November 15, 2018 of the Minister of Agriculture and Rural Development on the management of aquatic animal breeding stocks, aquatic animal feed, and products for treating aquaculture environments as follows:

1. Amending and supplementing Article 7 as follows:

"Article 7. Inspection of the quality of aquatic animal breeding stocks, aquatic animal feed, and products for treating aquaculture environments circulating in the market

1. Inspection agencies: The General Department of Fisheries, provincial-level state management agencies for fisheries, and other agencies with authority as prescribed by law.

2. The inspection of the quality of aquatic animal breeding stocks, aquatic animal feed, and products for treating aquaculture environments circulating in the market shall be carried out in accordance with the Law on Product Quality and Goods and guiding documents, detailed regulations on inspecting the quality of goods circulating in the market.

3. Allowable errors in analyzing the quality of aquatic animal feed and products for treating aquaculture environments as stipulated in Appendix III issued together with this Circular."

2. Amend and supplement point a Clause 1 and point a Clause 2 Article 10 as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) Maximum usage period of 140 days from the date of importation for imported shrimp parent stock weighing at least 40 grams per male shrimp and 45 grams per female shrimp;"

"a) Deposits of microfinance organizations at credit institutions, branches of foreign banks, except deposits at credit institutions under special control according to Clause 9, Article 174 of the Law on Credit Institutions;"

"a) Maximum usage period of 80 days from the date of importation for imported black tiger shrimp parent stock weighing at least 100 grams per male shrimp and 120 grams per female shrimp;"

3. Amend and supplement Clause 2 and Clause 3 Article 13 as follows:

"2. Information on imported aquatic animal feed and products for treating aquaculture environments includes: Information about the production facility, location, and production conditions; information on applied standards according to Appendix V issued together with this Circular; declaration of conformity information; product label (color copy of the original label and Vietnamese language label); valid Free Sale Certificate (Certificate of Free Sale) (not applicable to raw materials for producing aquatic animal feed); import quality inspection results.

3. After receiving all the information as stipulated in Clause 1 and Clause 2 of this Article, the national database on fisheries automatically assigns a receipt code for the entity to be displayed on the product label or packaging or accompanying documentation for management and traceability purposes. The receipt code consists of two parts: AA-BBBBBB, where:

a) AA: Code for classifying aquatic animal feed and products for treating aquaculture environments: 01 is the code for aquatic animal feed; 02 is the code for products for treating aquaculture environments; 03 is the code for products serving both purposes of aquatic animal feed and treating aquaculture environments;

b) BBBBBB: Serial number of aquatic animal feed and products for treating aquaculture environments assigned in sequence from 000001 to 999999."

4. Amend and supplement point đ Clause 1 Article 15 as follows:

"đ) Develop, manage, and use software for managing aquatic animal breeding stocks, aquatic animal feed, and products for treating aquaculture environments nationwide; manage access accounts and user permissions for subordinate units and provincial-level fisheries management agencies according to the division of responsibilities and levels as prescribed; manage access accounts of organizations and individuals producing, exporting, and importing aquatic animal breeding stocks, aquatic animal feed, and products for treating aquaculture environments."

5. Replace Appendix II with Appendix XX issued together with this Circular; replace Appendix IV with Appendix XXI issued together with this Circular; replace Appendix V with Appendix XXII issued together with this Circular.

Replace Part A, Section 16 of Appendix I issued together with Circular No. 11/2021/TT-BNNPTNT dated September 20, 2021 of the Minister of Agriculture and Rural Development on the list of HS codes for goods under the management authority of the Ministry of Agriculture and Rural Development and the list of goods subject to specialized inspection upon import and export in the field of agriculture and rural development with Appendix XXIII issued together with this Circular.

Article 10. Effective Date

1. This Circular takes effect from March 4, 2022.

2. Circular No. 13/2020/TT-BNNPTNT dated November 9, 2020 of the Minister of Agriculture and Rural Development on amending and supplementing some articles of Circular No. 21/2018/TT-BNNPTNT dated November 15, 2018 on recording, submitting reports, and logbooks of fishing activities; announcing designated fish ports to confirm the origin of captured seafood; lists of illegal fishing vessels; confirming raw materials and certifying the origin of captured seafood shall cease to be effective from the date this Circular takes effect.

3. In the course of implementation, if any issues arise or difficulties occur, organizations and individuals shall promptly report to the Fisheries General Department for consolidation and reporting to the Minister of Agriculture and Rural Development for consideration and decision.