Circular No. 02/2006/TT-BTS guiding the implementation of the Government's Decree No. 59/2005/NĐ-CP dated May 4, 2005 on conditions for production and business in certain aquatic industries.

CIRCULAR

Guidelines for Implementing Decree No. 59/2005/NĐ-CP of the Government dated May 4, 2005 on Conditions for Production, Business of Certain Aquatic Industries

ngày 04 tháng 05 năm 2005 về điều kiện sản xuất, kinh doanh một số ngành nghề thủy sản

về điều kiện sản xuất, kinh doanh một số ngành nghề thủy sản

____________

Pursuant to Decree No. 43/2003/NĐ-CP dated May 2, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Fisheries;

Pursuant to Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on Conditions for Production, Business of Certain Aquatic Industries (hereinafter referred to as the Decree), the Ministry of Fisheries provides guidelines for implementing the Decree as follows:

I. ON SOME GENERAL PROVISIONS (guidance on certain contents prescribed in Chapter I of the Decree)

1. Guidance on Clause 2, Article 1 of the Decree:

The conditions for organizations and individuals producing, trading, importing, circulating veterinary drugs, biological preparations, microorganisms, chemicals used in aquatic animal husbandry; the conditions for individuals practicing aquatic animal husbandry veterinary work shall be implemented according to the provisions of the Veterinary Law and Decree No. 33/2005/NĐ-CP dated March 15, 2005 of the Government detailing the implementation of the Veterinary Law (hereinafter referred to as Decree No. 33/2005/NĐ-CP), specifically:

a) The conditions for producing, processing, dividing veterinary drugs, biological preparations, microorganisms, chemicals used in aquatic animal husbandry shall be implemented according to the provisions of Article 38 of the Veterinary Law and Article 52 of Decree No. 33/2005/NĐ-CP.

b) The conditions for trading veterinary drugs, biological preparations, microorganisms, chemicals used in aquatic animal husbandry shall be implemented according to the provisions of Article 39 of the Veterinary Law and Article 54 of Decree No. 33/2005/NĐ-CP.

c) The conditions for importing veterinary drugs, biological preparations, microorganisms, chemicals used in aquatic animal husbandry shall be implemented according to the provisions of Article 48 of the Veterinary Law and Article 53 of Decree No. 33/2005/NĐ-CP.

d) The conditions for newly produced veterinary drugs, biological preparations, microorganisms, chemicals used in aquatic animal husbandry within Vietnam or first imported into Vietnam to be allowed circulation in Vietnam shall be implemented according to the provisions of Article 40 of the Veterinary Law and Article 57 of Decree No. 33/2005/NĐ-CP.

đ) The conditions for individuals practicing aquatic animal husbandry veterinary work within the scope of practice specified in Article 52 of the Veterinary Law shall be implemented according to the provisions of Article 53 of the Veterinary Law and Article 64 of Decree No. 33/2005/NĐ-CP.

2. Cases not falling under the scope of regulation of Decree No. 59 (Clause 3, Article 2 of the Decree):

a) Households, individuals breeding aquatic animals, processing aquatic products; trading raw materials for aquatic product processing used for food preparation (including activities: buying and selling, collecting, preserving, transporting aquatic products) with small scale, manual methods do not fall under the scope of regulation of the Decree when their income is low as stipulated in Clause 2, Article 24 of Decree No. 109/2004/NĐ-CP dated April 2, 2004 of the Government on Business Registration (hereinafter collectively referred to as Decree No. 109/2004/NĐ-CP) but must ensure food safety and environmental protection conditions according to the laws on food safety and environmental protection.

b) The conditions for trading organizations and individuals trading live aquatic products and processed aquatic products; collecting, preserving, transporting aquatic products for direct consumption shall be implemented according to Decree No. 73/2002/NĐ-CP dated August 20, 2002 of the Government supplementing goods and services to List 1 on prohibited circulation goods and services; List 3 on goods and services subject to conditional business operations issued together with Decree No. 11/1990/NĐ-CP dated March 3, 1999 of the Government; Circular No. 03/2002/TT-BTS dated December 31, 2002 of the Ministry of Fisheries guiding the implementation of this Decree.

II. PROVISIONS RELATED TO AQUATIC RESOURCES EXPLORATION LICENSE

1. Model of Aquatic Resources Exploration License (Clause 3, Article 4 of the Decree)

The Directorate of Aquatic Resources Exploitation and Protection is responsible for issuing the model of Aquatic Resources Exploration License according to Appendix 1 of this Circular for uniform use throughout the country.

2. Conditions for Issuing Aquatic Resources Exploration License:

Organizations and individuals exploring aquatic resources must meet the conditions stipulated in Clause 1, Article 5 of the Decree, specifically as follows:

a) Having a Fishing Vessel Registration Certificate for fishing vessels with installed engines having a total main engine power of 20 horsepower or more or without engines having a designed waterline length of 15 meters or more; registration of non-motorized fishing vessels with a tonnage over 0.5 tons, length less than 15 meters or motorized fishing vessels with main engine power under 20 horsepower shall be carried out according to Decree No. 66/2005/NĐ-CP dated May 19, 2005 of the Government on Ensuring Safety for People and Fishing Vessels Operating in Aquatic Activities (hereinafter collectively referred to as Decree No. 66/2005/NĐ-CP) and the Circular of the Ministry of Fisheries guiding the implementation of this Decree.

b) Having a Fishing Vessel Technical Safety Certificate for the types of fishing vessels specified in Point a, Clause 1, Article 10 of Decree No. 66/2005/NĐ-CP and still within the validity period.

c) Having a Logbook of Crew Members for fishing vessels operating in the exploitation routes specified in Clause 3, Article 12 of Decree No. 66/2005/NĐ-CP.

d) Having a Master's Certificate or Engineer's Certificate for fishing vessels according to the current regulations of the Ministry of Fisheries.

đ) Having fishing occupations and fishing gear that comply with the regulations of the Ministry of Fisheries and the regulations of the Provincial People's Committee approved by the Ministry of Fisheries.

The Ministry of Fisheries stipulates:

- Not to use fishing gear with mesh sizes smaller than those specified in Appendices 2 and 3 of this Circular;

- Vessels engaged in combined fishing operations using light must comply with the following regulations regarding the use of lighting in fishing operations:

+ In the coastal zone: the total power of each light cluster of each fishing unit shall not exceed 200W for the seine netting operation (hand-cranked winch), 500W for squid fishing.

+ In the offshore zone: the total power of each light cluster of each fishing unit engaged in gillnetting, seine netting, trawling, squid fishing, and lampara fishing shall not exceed 5,000W; the power of each lampara bulb shall not exceed 2,000W and the installation height of the lampara above the water surface shall be at least 1.2 meters.

+ In offshore areas: no restrictions on the total power of light clusters or the power of each bulb have been specified.

+ The distance between the placement point of the light cluster and the rake cluster or fixed fishing gear must not be less than 500 meters.

e) In addition to the conditions set forth in points a, b, c, d, and đ of this clause, there must also be a Business Registration Certificate for fisheries exploitation in accordance with Clause 1, Article 17 of the Fisheries Law, except in cases where business registration is not required under Clause 2, Article 24 of Decree No. 109/2004/NĐ-CP.

3. Pursuant to Clause 2, Article 5 of the Decree, organizations and individuals shall not be issued a Fishing License in the following circumstances:

a) Exploiting aquatic resources in prohibited areas within marine protected zones, inland water protected zones, and areas with time-limited prohibitions during the year as stipulated in Appendix 4 of this Circular and local regulations approved by the Provincial People's Committee and the Ministry of Fisheries.

b) Exploiting species that are banned from exploitation or have time-limited bans (during the prohibition period) as stipulated in Appendices 5 and 6 of this Circular and local regulations approved by the Provincial People's Committee and the Ministry of Fisheries; exploiting aquatic species whose stock levels have severely declined or are at risk of extinction as announced by the Ministry of Fisheries within the validity period of such announcements; exploiting aquatic species living in natural waters for breeding purposes below the minimum allowable size as stipulated in Appendix 7 of this Circular, except when permitted by provincial authorities responsible for fisheries exploitation and conservation management;

c) Prohibited fishing activities include:

- Fishing activities using explosives, electricity, electric shock devices, chemicals, or poisons;

- Using fishing gears or tools with mesh sizes smaller than those prescribed in Point đ, Clause 2, Section II of this Circular;

- Fishing methods using nets with mesh sizes smaller than those prescribed in Point đ, Clause 2, Section II of this Circular;

- Fishing methods and types of vessels prohibited from operating in certain fishing zones;

+ In coastal areas, the following fishing methods are prohibited: trawl nets (except surface-layer shrimp trawls), light-assisted fishing methods (except squid handline and light-assisted seine fishing) and other methods as specified by the Provincial People's Committee and approved by the Ministry of Fisheries; fishing methods using fishing vessels with main engine power or designed waterline length exceeding the limits set out in the Government Decree on managing Vietnamese individuals' and organizations' fishing activities in various sea areas.

+ In semi-coastal areas, the following fishing methods are prohibited: light-assisted fishing methods using lighting power exceeding the limits set out in Point đ, Clause 2, Section II of this Circular; fishing methods using fishing vessels with main engine power exceeding the limits set out in the Government Decree on managing Vietnamese individuals' and organizations' fishing activities in various sea areas.

d) New fishing vessels with main engine power or using prohibited fishing methods as defined by the Ministry of Fisheries or local regulations approved by the Ministry of Fisheries.

The Ministry of Fisheries prohibits the development of:

- Light-assisted fishing methods in coastal and semi-coastal areas;

- Bottom trawling and bottom gillnetting in rivers and seas;

- Motorized vessels with engine power under 90 horsepower engaged in trawling;

- Motorized vessels with engine power under 30 horsepower engaged in other fishing methods.

4. Procedures and processes for issuing, renewing fishing licenses:

a) For initial issuance or renewal of fishing licenses:

- Procedures, processes, and fees for issuing and renewing licenses are governed by Article 6 of the Decree.

Application forms for issuing licenses are provided in Appendix 8 of this Circular.

Application forms for renewing licenses are provided in Appendix 9 of this Circular.

- The duration of renewed licenses follows the provisions of Clause 3, Article 5 of the Decree. Renewals may occur up to three times.

b) For replacement and reissuance of licenses:

- Licenses will be reissued in the following situations:

+ The original license is damaged during use;

+ The license is lost due to legitimate reasons confirmed by the local authority where the fishing vessel is registered.

- Licenses will be replaced in the following situations:

+ Changes in fishing vessels, fishing gear, operational areas, or periods;

+ The license has been renewed three times.

- Documents required for replacement and reissuance of licenses include:

+ An application form for replacement or reissuance of the license, certified by the People's Committee of the commune where the owner of the fishing vessel resides or by the superior management agency (in case of loss) according to the model provided in Appendix 10 of this Circular, accompanied by the original license (except in cases of loss);

+ A certificate of registration of the fishing vessel as prescribed by this Circular;

+ A technical safety certificate of the fishing vessel for applications for replacement due to changes in fishing vessels requiring inspection.

- The validity period of reissued licenses is the same as the original; the validity period of replaced licenses follows the provisions of Clause 2, Article 4 of the Decree.

- Fees for replacing or reissuing licenses follow current regulations of the Ministry of Finance.

5. Revocation of licenses as stipulated in Article 18 of the Fisheries Law. Other violations subject to license revocation as prescribed by law are as follows:

Suspension of license usage rights for violations as stipulated in Clause 2, Clause 3, Article 9; confiscation and cancellation of counterfeit licenses for violations as stipulated in Clause 8, Article 10 of Decree No. 128/2005/NĐ-CP dated October 11, 2005 of the Government regarding administrative penalties in the fisheries sector.

6. Issuing Authority (Article 7 of the Decree):

The competent authority for issuing, renewing, replacing, reissuing, and revoking licenses is specified in Article 7 of the Decree. For provinces with extensive territories and numerous fishing vessels, provincial departments responsible for fisheries management may request the Provincial People's Committee to delegate the authority to issue, renew, replace, and revoke licenses for motorized fishing vessels with main engine power under 20 horsepower or non-motorized fishing vessels with designed waterline length under 15 meters to district-level People's Committees.

III. LEGAL BASIS FOR REGULATIONS ON CONDITIONS FOR PRODUCTION AND BUSINESS OF CERTAIN INDUSTRIES WITH SPECIFIC REQUIREMENTS

1. Production and business of fishing gear and equipment for marine resource exploitation (Article 9 of the Decree)

a) Pursuant to Clause 3 of Article 9 of the Decree, the factory buildings, warehouses, equipment, wastewater treatment systems, solid waste and exhaust gas management systems of production facilities for fishing gear and marine resource exploitation equipment must comply with environmental protection standards as stipulated in Vietnam Standards 6.1 and 6.2 Section 6 Appendix 11 of this Circular.

b) Pursuant to Clause 5 of Article 9 of the Decree, production and business establishments of fishing gear and marine resource exploitation equipment must comply with the following legal provisions:

- For goods that are fishing nets, they must comply with the provisions at Clause 5 Part A Section II of Circular No. 03/2000/TT-BTS dated September 22, 2000 issued by the Ministry of Fisheries guiding the implementation of Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister on labeling regulations for goods circulating domestically and exported/imported aquatic products;

- For marine resource exploitation equipment, they must comply with the provisions in Section II of the Circular issued by the Ministry of Trade No. 34/1999/TT-BTM dated December 15, 1999 guiding the implementation of Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister on labeling regulations for goods circulating domestically and exported/imported aquatic products;

c) Pursuant to Clause 6 of Article 9 of the Decree, production and business establishments of fishing gear and marine resource exploitation equipment must comply with the following provisions:

- Not to produce or sell fishing gear for marine resource exploitation with mesh sizes smaller than those specified in Point d Clause 2 Section II of this Circular;

- Not to produce or sell explosives, detonators, slow-burning fuses, electric shocking devices or devices creating electric pulses;

- Not to produce or sell types of fishing gear and marine resource exploitation equipment prohibited from use according to regulations of the Ministry of Fisheries or regulations of provincial People's Committees approved by the Ministry of Fisheries.

2. Construction and modification of fishing vessels (guidance for Clause 4 Article 10 of the Decree)

a) Factory buildings and equipment of construction and modification facilities for various types of fishing vessels (based on material and size of the vessel) must meet technical requirements as stipulated by the Ministry of Fisheries.

b) Wastewater treatment and solid waste management systems of such facilities must meet environmental protection requirements as stated in Point a Clause 1 Section III of this Circular.

3. Production and business of aquatic animal breeding stock (Article 11 of the Decree)

Organizations and individuals engaged in production and business (including storage services) of aquatic animal breeding stock must satisfy conditions as prescribed in Article 11 of the Decree, specifically as follows:

a) Organizations and individuals producing and trading in aquatic animal breeding stock must have a Business Registration Certificate issued by the competent registration authority (Point a Clause 1 Article 11), except in cases where income is low as defined in Clause 2 Article 24 of Decree No. 109/2004/NĐ-CP;

b) Technical infrastructure and equipment, water supply and drainage systems, wastewater treatment systems, transportation and storage means of production and business facilities for aquatic animal breeding stock must meet technical and veterinary hygiene requirements; environmental protection requirements (Point c Clause 1 Article 11) as stipulated by current laws.

Legal provisions already promulgated and stipulated in this Circular:

- Vietnam Standards and Industry Standards listed in Sections 1 and 2 of Appendix 11 of this Circular;

- Provisions in Appendices 12 and 13 of this Circular.

c) Facilities producing and trading in parent breeding stock and commercial breeding stock must have technical staff with certificates in aquaculture technology training issued by research institutes, centers, or schools specializing in aquaculture training, except for technical staff who already hold a college degree or higher in aquaculture (Point d Clause 1 Article 11).

d) Aquatic animal breeding stock production facilities must strictly follow mandatory technical procedures for breeding stock production as stipulated by the Ministry of Fisheries (Point g Clause 1 Article 11). The Ministry of Fisheries has also issued recommended technical procedures for the production of certain types of breeding stock (Section 3 Appendix 11 of this Circular).

đ) Facilities producing and trading in male and female breeding stock, semen, embryos, and larvae of aquatic animals must have technical staff with certificates in artificial insemination, embryo transfer, egg incubation, and aquaculture technology training issued by research institutes, centers, or schools specializing in aquaculture training (Point b Clause 2 Article 11).

e) Facilities producing and trading in male and female breeding stock, male semen, and larvae of aquatic animals must implement management regulations for the exploitation and use of semen, embryos, and preservation environments, as well as management regulations for the exploitation and use of male and female breeding stock, embryos, and larvae of aquatic animals as stipulated by the Ministry of Fisheries (Points c and đ Clause 2 Article 11).

4. Aquaculture (guidance for Clauses 3 and 4 Article 12 of the Decree)

a) Aquaculture facilities must ensure technical conditions and standards for aquaculture; veterinary hygiene and food safety standards as stipulated by current laws.

Current Industry Standards are listed in Section 4 Appendix 11 of this Circular.

b) Current standards and regulations related to environmental protection for aquaculture facilities are listed in Section 2 Appendix 11 of this Circular.

Aquaculture facilities for shrimp farming in concentrated shrimp farming areas must comply with the management regulations for the environment in concentrated shrimp farming areas as stipulated in Decision No. 04/2002/QĐ-BTS dated January 24, 2002 issued by the Minister of Fisheries.

c) The use of feed, veterinary drugs, biological preparations, microorganisms, and chemicals must comply with the following provisions:

- They must be included in the list of items permitted for circulation in Vietnam published by the Ministry of Fisheries.

- Shall not contain chemicals listed in the prohibited chemical and antibiotic list issued together with Decision No. 07/2005/QĐ-BTS dated February 24, 2005 of the Minister of Fisheries, and other current legal regulations;

- Aquaculture production facilities must comply with the Residue Control Regulations for Harmful Substances in Aquatic Animals and Aquatic Animal Products issued together with Decision No. 15/2002/QĐ-BTS dated May 17, 2002 of the Minister of Fisheries;

5. Production of aquatic animal feed (guidance for Clause 2 and Clause 4 of Article 13 of the Decree)

a) The factory buildings, warehouses, equipment, and waste treatment systems of aquatic animal feed production facilities must meet the requirements to ensure veterinary hygiene standards for the produced feed as stipulated by current laws;

b) The factory buildings, warehouses, equipment, and waste treatment systems of aquatic animal feed production facilities must meet the requirements for protecting water and air quality as specified in the Vietnamese Standards mentioned in Section 6 of Appendix 11 of this Circular;

6. Trade in aquatic animal feed (guidance for Clause 3, Clause 4, and Clause 5 of Article 14 of the Decree)

a) Storage and display areas must be well-ventilated, dry to ensure product quality. Warehouses, refrigerators, and display areas for aquatic animal feed must be separate from veterinary drugs for aquaculture, livestock feed, plant protection products, and veterinary drugs for agriculture (for businesses trading in these goods);

Trading locations must be at least 100 meters away from garbage dumps and places producing dust or harmful substances. Garbage bins and containers must have tight lids;

b) Managers or sales staff of the business must have a college degree or higher in aquaculture or a certificate issued by research institutes on aquaculture, schools training in aquaculture, state management agencies on aquatic veterinary health, or fisheries promotion agencies regarding aquatic animal feed training and certification;

c) Sold feed must meet veterinary hygiene standards as specified in the Industry Standards mentioned in Section 5 of Appendix 11 of this Circular;

d) Sold feed must be included in the list of permitted aquatic animal feeds for general use (permitted circulation) in Vietnam published by the Ministry of Fisheries;

đ) Sold feed must be packaged and labeled according to Clause 3, Part A, Section II of Circular No. 03/2000/TT-BTS of the Ministry of Fisheries guiding the implementation of Decision No. 178/1999/QĐ-TTg dated August 30, 1999 of the Prime Minister on Labeling Regulations for Domestic Circulation and Exported and Imported Goods. The label must include the statement: "Feed does not contain substances banned by the Ministry of Fisheries";

7. Processing of Aquatic Products (guidance for Clause 3, Clause 4, and Clause 6 of Article 15 of the Decree)

a) Food safety and hygiene conditions for aquatic processing facilities as specified in the Industry Standards mentioned in Section 7 of Appendix 11 of this Circular;

b) Aquatic processing facilities must comply with the Environmental Management Regulations for Aquatic Processing Facilities issued together with Decision No. 19/2002/QĐ-BTS dated September 18, 2002 of the Minister of Fisheries;

New aquatic processing facilities must submit an environmental impact assessment report, including appropriate waste treatment solutions (solid, liquid, gas) that meet environmental standards and monitoring regimes. This report must be approved by provincial environmental management authorities;

Existing aquatic processing facilities must meet waste discharge standards as specified in Vietnamese Standards and Industry Standards mentioned in Section 6 of Appendix 11 of this Circular;

c) Competent authorities issue Certificates of Compliance with Food Safety and Hygiene Conditions in the Aquatic Sector (including aquatic processing facilities producing food) according to Joint Circular No. 24/2005/TTLT-BYT-BTS dated December 8, 2005 of the Ministry of Health and the Ministry of Fisheries guiding the division of responsibilities and coordination in managing food safety and hygiene in the aquatic sector, and current regulations of the Ministry of Fisheries. The basis for inspection and recognition (issuance of Certificates) of compliance with food safety and hygiene conditions for aquatic processing facilities producing food is the Industry Standards mentioned in Section 7 of Appendix 11 of this Circular;

d) Direct workers in aquatic processing must not suffer from infectious diseases as defined by the Ministry of Health (with a health qualification certificate from authorized health authorities) and must undergo regular health checks as stipulated in Industry Standards No. 7.1 and 7.3 in Section 7 of Appendix 11 of this Circular;

8. Trade in Raw Materials for Aquatic Product Processing Used in Food Production (guidance for Clause 3, Clause 4, and Clause 5 of Article 16 of the Decree)

a) Factory buildings, warehouses, equipment, tools, and specialized means of purchasing, storing, and transporting aquatic products of the facility must meet food safety and hygiene conditions as stipulated in Industry Standard No. 7.9 and Industry Standard No. 7.1 (for facilities with preliminary aquatic product processing) in Section 7 of Appendix 11 of this Circular;

b) Businesses and service providers may only use food additives and chemicals listed in the Permitted Food Additives List issued together with Decision No. 3742/2001/QĐ-BYT dated August 31, 2001 of the Ministry of Health, and implement the provisions of the Ministry of Fisheries in Industry Standard No. 7.8 in Section 7 of Appendix 11 of this Circular;

c) Businesses and service providers must meet environmental protection standards for waste as stipulated in Vietnamese Standard No. 6.1 in Appendix 11 of this Circular and comply with veterinary hygiene requirements as specified in Industry Standard No. 7.9 in Section 7 of Appendix 11 of this Circular;

IV. INSPECTION AND SUPERVISION OF PRODUCTION AND TRADE CONDITIONS; HANDLING OF VIOLATIONS

1. Responsibilities for Inspection and Supervision of Production and Trade Conditions in Aquatic Sectors (guidance for Clause 1 of Article 17 of the Decree)

a) Fishery Inspectors under the Ministry of Fisheries shall be responsible for:

- Direct and unify nationwide the inspection and supervision work on the implementation of legal provisions concerning the activities of establishments engaged in aquatic industries within the scope regulated by the Decree;

- Conduct directly or coordinate with relevant agencies inside and outside the Sector to carry out inspection and supervision tasks on the production and business activities of aquatic industries when necessary; Inspect the performance of inspection and supervision tasks by the Fisheries Inspection Units under Provincial Fisheries Departments or Provincial Departments responsible for fisheries management (hereinafter referred to collectively as Provincial Fisheries Departments) regarding the production and business activities of aquatic industries;

- Direct the Fisheries Inspection Units under Provincial Fisheries Departments to implement the regulations of the Ministry of Fisheries on inspection and supervision of production and business activities of aquatic industries for organizations and individuals at the local level and also units under the Central Ministries and Agencies, military forces engaged in economic activities located within their jurisdiction; when necessary, coordinate with relevant agencies at the local level to perform this task;

b) Responsibilities of the Directorate of Aquatic Resources Exploitation and Protection and the Directorate of Quality Control, Food Safety and Aquatic Animal Health;

- Organize and direct uniformly nationwide the inspection work on the conditions for production and business of aquatic industries within the scope regulated by this Decree according to the tasks stipulated in current legal normative documents;

- Conduct directly or coordinate with the Fisheries Inspection Unit under the Ministry of Fisheries, relevant agencies inside and outside the Sector to inspect the conditions for production and business of aquatic industries when necessary according to the tasks of the Directorate as prescribed;

- According to the functions and tasks of the Directorate as prescribed, direct the District Fisheries Management Units with the function of managing state administration over exploitation and protection of aquatic resources; quality, food safety and aquatic animal health at the local level to inspect the conditions for production and business of aquatic industries of organizations and individuals at the local level and units under the Central Ministries and Agencies, military forces engaged in economic activities located within their jurisdiction; when necessary, coordinate with relevant agencies at the local level to perform this task;

c) The Fisheries Inspection Units and the District Management Units for state administration over exploitation and protection of aquatic resources; quality, food safety and aquatic animal health at the provincial level shall be responsible for organizing inspections and supervision of production and business activities of aquatic industries according to the authority prescribed in current legal documents;

2. Disciplinary Actions

a) Organizations and individuals who commit administrative violations against the provisions of this Decree and Circular shall be subject to administrative violation handling according to Government Decree No. 128/2005/NĐ-CP dated October 11, 2005 on the Handling of Administrative Violations in the Field of Fisheries and other relevant legal provisions (the Law on Handling of Administrative Violations 2002 and Government Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing certain provisions of the Law on Handling of Administrative Violations 2002);

b) Do not handle violations for actions that lack legal grounds to determine the degree of violation;

V- Implementation Organization

1. This Circular takes effect 15 days from the date of publication in the Official Gazette and replaces Circular No. 02/2002/TT-BTS dated December 6, 2002 guiding the implementation of Government Decree No. 86/2001/NĐ-CP dated November 16, 2001 on conditions for engaging in aquatic industries;

This Circular replaces the provisions in Section A, Clauses 1, 2, 4, and 5 of Section B Part III of the Circular guiding the implementation of Government Decree No. 73/2002/NĐ-CP dated August 20, 2002 on supplementing goods and services in the List 1 on prohibited circulation of goods and prohibited provision of services and List 3 on conditional business goods and services issued together with Government Decree No. 11/1999/NĐ-CP dated March 3, 1999;

2. Departments, Directorates, Institutes, Centers under the Ministry of Fisheries; Provincial Fisheries Departments, Provincial Departments responsible for fisheries management according to their functions, tasks, and authorities shall guide, urge, and supervise the implementation of this Circular; during the implementation process, any issues encountered must be promptly reported to the Ministry of Fisheries;

The Department of Organization and Cadres shall cooperate with related units to build and submit to the Minister for promulgation the regulation on organizing training courses and issuing various types of certificates as prescribed in Points c and d Clause 3, Point b Clause 6 Section III of this Circular;

The Directorate of Aquatic Resources Exploitation and Protection shall be responsible for building and submitting to the Minister for promulgation industry standards related to fishing vessels, fish ports, environment, and aquatic resources;

The Department of Science and Technology shall be responsible for cooperating with related units to build and submit to the Minister for promulgation the regulation on management of exploitation and use of semen, embryos, and preservation and preparation environments for semen and embryos; the regulation on management of exploitation and use of male broodstock, eggs, and larvae of aquatic species; necessary new or revised standards;

3. Any amendments or supplements to the contents of this Circular shall be examined and decided by the Minister of Fisheries./.