Circular No. 02/2018/TT-BNNPTNT amending and supplementing Circular No. 50/2015/TT-BNNPTNT, Circular No. 25/2013/TT-BNNPTNT, Circular No. 02/2006/TT-BTS, Circular No. 62/2008/TT-BNN, and Circular No. 26/2016/TT-BNNPTNT.

CIRCULAR

Amending and supplementing Circular No. 50/2015/TT-BNNPTNT,

Circular No. 25/2013/TT-BNNPTNT, Circular No. 02/2006/TT-BTS,

Circular No. 62/2008/TT-BNN and Circular No. 26/2016/TT-BNNPTNT

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 Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some aquatic industries;

 Decree No. 14/2009/NĐ-CP dated February 13, 2009 of the Government amending and supplementing certain articles of Decree No. 59/2005/NĐ-CP;

Pursuant to Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fishing activities of organizations and individuals of Vietnam in various sea areas;specialized agency under the People's Committee of the province/city.Vietnamese individuals in the maritime zones;

Pursuant to Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government amending and supplementing certain articles of decrees on aquaculture;

Pursuant to Decree No. 80/2012/NĐ-CP dated December 8, 2012 of the Government on management of fish ports and anchorage areas for fishing vessels;

On the proposal of the Director General of the Fisheries General Department, the Director of the Quality Control Department of Agriculture, Forestry and Fisheries and the Director of the Animal Health Department,

The Minister of Agriculture and Rural Development promulgates this Circular amending, supplementing certain articles of Circular No. 50/2015/TT-BNNPTNT dated December 30, 2015 stipulating certification and confirmation of aquatic products (referred to as Circular No. 50/2015/TT-BNNPTNT), Circular No. 25/2013/TT-BNNPTNT dated May 10, 2013 detailing implementation of certain articles of Decree No. 33/2010/NĐ-CP dated March 31, 2010 of the Government on management of fishing activities of organizations and individuals of Vietnam in various sea areas and detailing Article 3 of Decree No. 53/2012/NĐ-CP dated June 20, 2012 of the Government on amending and supplementing certain articles of decrees on the field of aquaculture (referred to as Circular No. 25/2013/TT-BNNPTNT), Circular No. 02/2006/TT-BTS dated March 20, 2006 of the Ministry of Fisheries guiding implementation of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in some aquatic industries (referred to as Circular No. 02/2006/TT-BTS), Circular No. 62/2008/TT-BNN dated May 20, 2008 of the Ministry of Agriculture and Rural Development amending and supplementing certain contents of Circular No. 02/2006/TT-BTS (referred to as Circular No. 62/2008/TT-BNN) and Circular No. 26/2016/TT-BNNPTNT dated June 30, 2016 stipulating quarantine of animals and animal products (referred to as Circular No. 26/2016/TT-BNNPTNT for Article 1. Amending and supplementing certain articles of Circular No. 50/2015/TT-BNNPTNT).

    Clause 1, Clause 2 and Clause 9 of Article 3 are amended as follows:

1. “1. Verification and confirmation of the origin of raw materials from fishing is the process of reviewing documents, directly supervising the landing process of raw materials, comparing information, confirming that the raw materials intended for export processing do not violate regulations on illegal fishing.

2. Verification and certification of exported aquatic products is the process of reviewing documents, randomly checking the verification process of the origin of raw materials from fishing, issuing a certificate by the competent authority for the export consignment processed from raw materials confirmed to have a legal origin, in accordance with the requirements of the importing country.

9. The competent authority is the Fishery Service, Port Management Organization and Regional Quality Assurance Center.”

“Article 5.

2. Article 5 shall be amended as follows:

Competent Authority c nh VIETNAMESE VALUATION STANDARDS xJune 2024;n, cht T1. The Port Management Organization shall carry out verification and issue certificates confirming the origin of domestically caught raw materials that do not violate regulations on illegal fishing.ứument permittt TFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

2. The Fishery Service specified in Appendix II issued together with this Circular shall carry out verification and issue certificates confirming domestically caught aquatic products that do not violate regulations on illegal fishing.

3. The Regional Quality Assurance Center for Agriculture, Forestry and Fisheries specified in Appendix III of this Circular shall conduct inspections and confirm commitments regarding exported aquatic products originating from imported fisheries.”

Verification and Confirmation of the Origin of Raw Materials from Fishing

3. Article 6 is amended and supplemented as follows:

“Article 6. 1. At least one hour before the vessel docks, the shipper must notify the Port Management Organization via telephone or written communication about the vessel's identification number, the expected docking time, and the estimated quantity to be unloaded.

2. The Port Management Organization will dispatch staff to inspect the vessel in person:

a) For fishing vessels: compare and supervise the volume and species composition on board consistent with the logbook;

b) For service vessels: compare and supervise the volume and species composition according to the purchase and transfer logbook and the fishing logbook of the purchased vessel.

3. Within one working day from the time of unloading, the shipper must complete the documentation and submit it directly to the Port Management Organization or through postal services to request confirmation of the origin of raw materials. The documentation (one set) includes:

a) Two (2) certificates of origin of raw materials (in accordance with the model prescribed in Appendix IV issued together with this Circular);

b) A copy of the fishing logbook (for fishing vessels);

c) Copies of the purchase and transfer logbook and the fishing logbook of the purchased vessel (for purchasing and transferring vessels).

4. Within two working days, the Port Management Organization is responsible for cross-referencing the information in the declaration with the list of illegally fishing vessels; comparing the fishing logbook with the operational location information provided by shore stations (for vessels with main engine power of 90 CV or more), sign, return one certificate of origin of raw materials to the shipper, and retain the file. In case of non-signature, the Port Management Organization must provide a written response and specify the reasons.

5. The Port Management Organization delivers the results directly or through postal services to the shipper.

6. The shipper pays the verification fee for confirming the origin of raw materials from fishing in accordance with the law on fees and charges.”

“Article 7

4. Article 7 shall be amended and supplemented as follows:

. Verification and Certification of Exported Aquatic Products1. Shipper who needs to certify fishing products submits two (2) sets of documents to one of the competent authorities specified in Clause 2 of Article 5 of this Circular directly or through postal services to request certification of fishing products.

2. The application for certification of fishing products includes:

2. The application dossier for certification of harvested aquatic products includes:

a) A model of the Fishing Product Origin Certificate (as prescribed in Appendix V attached to this Circular) or another model of the Certificate as required by the Import Authority. In cases where a consignment uses raw materials from more than one (1) vessel or where raw materials are purchased from one (1) vessel but processed into multiple consignments, additional information as prescribed in Appendix Va attached to this Circular must be provided.

b) A declaration form for Transport Information Appendix (in accordance with the model prescribed in Appendix Vb attached to this Circular).

c) A copy of the Proof of Origin of Fishing Raw Materials.

3. Within no more than two (2) working days from the date of receipt of the shipper's documents, the authority shall examine the documents, verify the information in the Fishing Product Origin Certificate, and proceed as follows:

a) Certify when the contents of the consignment match the declaration in the Fishing Product Origin Certificate and return one (1) set of documents to the shipper and retain one (1) set at the authority.

b) Not certify when the contents of the consignment do not match the declaration in the documents or when using raw materials from fishing vessels listed in the list of illegal fishing vessels. In cases where certification is not granted, a written response must be given to the shipper, clearly stating the reasons.

4. The authority shall deliver the results directly or through postal service to the shipper.

5. The shipper shall pay the fee for the verification and certification of the origin of fishing raw materials in accordance with the laws on fees and charges.

5. Article 9 shall be amended as follows:

Article 9Export Declaration Commitment Quarter I (Q fisheries of Products Originating from Imported Fishing Products exploitation Importer:

1.  The shipper who wishes to export a consignment produced from imported fishing products shall submit two (2) sets of documents directly or via postal service to the authority (as stipulated in Clause 2, Article 5 of this Circular) to request confirmation.
2.  The application for confirmation includes:

a) The Fishing Product Origin Certificate (original or copy);

b) A declaration of commitment that the exported seafood product originates from imported fishing products (in accordance with the model prescribed in Appendix VIII attached to this Circular) or another declaration of commitment for exported seafood products originating from imported fishing products as required by the Importing Authority.

3. Contents of the verification for confirmation:

a) Compare the information about fishing vessels and other details (flag state, quantity, type of fishery products) in the fishing certificates issued by the Exporting Authority for imported raw material consignments to Vietnam with the following:

List of fishing vessels violating IUU of the Importing Authority and Regional Fisheries Management Organizations (RFMOs) recognized by the Importing Authority;

List of fishing vessels registered and permitted to fish (including information on species, area, season of fishing) of Regional Fisheries Management Organizations (RFMOs) recognized by the Importing Authority (for flag states that are members of these organizations);

b) Compare the quantity and type of imported fishing raw materials for processing and exporting with the information on the imported consignment inspected, certified for quarantine and food safety by the Animal Health Department upon importation into Vietnam;

c) Compare the quantity and type of imported fishing raw materials for processing and exporting with the declaration record confirming the commitment of exported seafood products originating from imported fishing products and the monitoring records during the inspection and certification of food safety for exported fishing products;

d) Other requirements of the Importing Authority regarding the commitment of exported seafood products originating from imported fishing products.

4. The authority shall confirm the commitment of exported seafood products originating from imported fishing products if the consignment meets the contents prescribed in Clause 3 of this Article. If the commitment is not confirmed, the authority must provide a written response to the shipper, clearly stating the reasons why the consignment does not meet the requirements.

5. The procedure for confirming the commitment of exported seafood products originating from imported fishing products shall be combined simultaneously with the procedures for inspection and issuance of certificates for exported seafood products as prescribed in Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 on inspection and certification of food safety for exported seafood products.

6. Article 10 shall be amended as follows:

"Article 10Illegal Fishing Activities Inspection

1. Inspection Object: Fishing vessels supplying raw materials for processing and exporting to markets requiring fishing product origin certification.

2. Inspecting Authority: The Fisheries General Administration/Provincial Fisheries Sub-Administration along the coast as prescribed in Clause 1, Article 5 of this Circular.

3. Principles of Inspection:

a) Planned or surprise inspections;

b) Based on risk assessment principles, ensuring that the number of inspections is not less than five percent (5%) of the total number of port calls for bottom and small pelagic fish, crabs, and shrimps, and twenty percent (20%) for tuna products.

4. The head of the inspecting authority shall issue a decision to establish an Inspection Team, specifying the scope, content, location of inspection, name, and position of the team leader and members. The decision to establish the Inspection Team must be announced at the inspection site before the start of the inspection.

5. Content of Inspection: As prescribed in Article 4 of this Circular.

6. After completing the inspection, the Inspection Team shall prepare an Inspection Report (in accordance with the model prescribed in Appendix IX of this Circular) and notify the inspection results to the inspected party. The Inspection Report shall be prepared in two (2) copies of equal validity, each party holding one (1) copy. If the inspection finds that the fishing vessel has engaged in illegal fishing activities as prescribed in Article 4, the inspecting authority shall take one of the following actions:

1.  Not certify fishing products from the offending vessel from the date of notification of the inspection results.
2.  List the offending vessel in the list of illegal fishing vessels and send the list to the Fisheries General Administration for publication on its website.

c) Transfer the file to the competent authority for further handling in accordance with the law.”

7. Amend Clause 5 and add Clause 7 to Article 13 as follows:

“Article 13. Tasks of the Fisheries General Department

5. Compile and publish on the Fisheries General Department’s electronic information website the list of Port Management Organizations (seal samples, signatures) that conduct verification and confirmation of the origin of marine products from fishing and illegal fishing vessels.

7. Establish a database, connect information between Port Management Organizations, Fisheries District Offices, and the Fisheries General Department; provide information to the Animal Health Service when receiving information about illegally imported marine products into Vietnam.”

8. Article 16 shall be amended as follows:

“Article 16Responsibilities of Port Management Organizations

1. Send staff to attend training courses on verification and confirmation of the origin of marine products organized by the Fisheries General Department;

2. Ensure food hygiene and safety at fish ports in accordance with regulations;

3. Refuse to confirm the origin of marine products if the shipper does not provide complete information as required or if the provided information is inaccurate. Retain confirmation records for a period of 36 months.

4. Update and send to the Fisheries General Department the seal samples and signatures of authorized persons confirming the origin of marine products for publication on the Fisheries General Department’s electronic information website.

5. Comply with inspections and audits by competent authorities regarding the confirmation of the origin of marine products, cooperate with these authorities in inspecting and auditing fishing vessels at ports.

6. Report the results of confirming the origin of marine products to the Department of Agriculture and Rural Development through the Fisheries District Office before the 20th day of each month.”

9. Replace Appendix V with Appendix I issued together with this Circular.

Article 2. Amending and supplementing Circular No. 25/2013/TT-BNNPTNT

1. Clause 1 and Clause 2 of Article 5 shall be amended as follows:

“1. Fishing Operation Reports

The master or captain of all fishing vessels holding a Fishing Permit is responsible for reporting fishing trips (in accordance with the form prescribed in Appendix VIIIg issued together with this Circular).in accordance with the form prescribed in Appendix VIIIg issued together with this Circular.

2. Recording and Submitting Fishing Operation Logs

a) The master of fishing vessels, purchasing vessels, or transshipment vessels with main engine power of 20 horsepower or more is responsible for recording fishing operation logs (in accordance with the form prescribed in Appendix VIII issued together with this Circular).

b) Within 24 hours after completing unloading, the master or captain must submit the Fishing Operation Logbook, fishing operation report (for fishing vessels), purchase log, or transshipment log (for purchasing or transshipment vessels) to the Port Management Organization.”

2. AMEND so Appendix VIII 1. Voluntary drug rehabilitation participants Appendix II Circular No. 04/2017/TT-BGDĐT dated January 25, 2017 3. For discounting transferable instruments and other securities:

Article 3. 1. Amend and supplement Point d of Clause 2 of Article 24 as follows: Circular No. 02/2006/TT-BTS

Point d of Clause 3 of Section II shall be amended as follows:

“d) Prohibit the construction, importation, leasing, conversion, or transfer to combined light operations along the coast and offshore areas; bottom trawl, set net, and beach seine operations in rivers and seas; vessels with main engines under 30 horsepower engaged in other operations or prohibited operations approved by the People's Committee of the province with the consent of the Ministry of Agriculture and Rural Development.”

Article 4. 1. Amend and supplement Point d of Clause 2 of Article 24 as follows: Circular No. 62/2008/TT-BNN

“Replace Appendix 5, which supplements the list of prohibited fishing objects as stipulated in Circular No. 02/2006/TT-BTS dated March 20, 2006, of the Ministry of Fisheries (now the Ministry of Agriculture and Rural Development) with Appendix III issued together with this Circular.”

Article 5. Amending and supplementing Circular No. 26/2016/TT-BNNPTNT

1. Supplement Point d, Point e to Clause 3, Article 4 as follows:

“d) A certified copy by the consignor of the Captain’s statement or confirmation letter from the seller. The confirmation letter must include the following information: name of fishing vessel, registration number of the vessel, flag state, fishing method, fishing time, fishing area for imported aquatic animals from foreign fishing vessels.

e) A certified copy by the consignor of the transport document for imported aquatic animals used as raw materials for processing and exporting food products (except for products imported from foreign fishing vessels).”

2. Supplement Point c to Clause 6, Article 4 as follows:

“c) A certified copy by the consignor of the transport document”

3. Supplement Point c to Clause 7, Article 4 as follows:

“c) A certified copy by the consignor of the transport document”

4. Point b of Clause 2, Article 13 shall be amended and supplemented as follows:

“b) After receiving a complete file, the animal quarantine agency at the border gate will notify the consignor of the time and place for quarantine inspection. If the file is incomplete, the agency will guide the consignor to complete it according to regulations.

The animal quarantine agency at the border gate will cross-check the vessel information. In case the vessel is found on the IUU list, the agency will not conduct the quarantine inspection and immediately report to the Animal Health Department for coordination with relevant agencies to handle the situation.”

5. Clause 1, Article 14 shall be amended and supplemented as follows:

“1. The consignor sends one set of files as prescribed in Clause 3, Article 4 of this Circular to the animal quarantine agency at the border gate where the goods are imported.

The file submission methods include postal service, email, or fax, followed by sending the original file or submitting directly.

Within one working day from the date of receipt of the file, the animal quarantine agency at the border gate will confirm the declaration form for quarantine so that the consignor can proceed with customs procedures and notify the consignor of the time and place for quarantine inspection. If the file is incomplete, the agency will guide the consignor to complete the file according to regulations.

Based on the fishing vessel information provided by the consignor, the border gate quarantine agency will check the information about illegal, unreported, and unregulated (IUU) fishing products posted on the website https://ec.europa.eu/fisheries/cfp/illegal_fishing/info. For imported aquatic animals from foreign fishing vessels listed in the IUU vessel list, the animal quarantine agency at the border gate will not conduct the quarantine inspection and immediately report to the Animal Health Department for coordination with relevant agencies to handle the situation; if the foreign fishing vessel is not listed in the IUU vessel list, the import quarantine inspection will be conducted according to the provisions of Clauses 3 and 4 of this Article.”

6. Supplement Point c to Clause 3, Article 14 as follows:

“c) For imported aquatic animals from foreign fishing vessels, within 60 days from the date of issuance of the Import Quarantine Certificate, if the consignor reports changes or supplements to the product classification, the first issuing animal quarantine agency at the border gate will issue a new Import Quarantine Certificate to replace the previously issued certificate.

The reported changes or supplements to the product classification must ensure the origin and quantity of the goods already certified in the initial Import Quarantine Certificate.”

7. Clause 3, Article 15 shall be amended and supplemented as follows:

“3. After receiving the approval document from the Animal Health Department, before the goods arrive at the border gate, the consignor sends one set of quarantine declaration files as prescribed in Clause 7, Article 4 of this Circular to the animal quarantine agency at the border gate.

The animal quarantine agency at the border gate will conduct the quarantine inspection according to Article 50 of the Law on Animal Health.

In case the vessel information cross-check reveals that the vessel is on the IUU list, the animal quarantine agency at the border gate will not conduct the quarantine inspection and immediately report to the Animal Health Department for coordination with relevant agencies to handle the situation.”

8. Clause 3, Article 17 shall be amended and supplemented as follows:

“3. After receiving the approval document from the Animal Health Department, before the goods arrive at the border gate, the consignor sends one set of quarantine declaration files as prescribed in Clause 7, Article 4 of this Circular to the animal quarantine agency at the border gate.

In case the vessel information cross-check reveals that the vessel is on the IUU list, the animal quarantine agency at the border gate will not conduct the quarantine inspection and immediately report to the Animal Health Department for coordination with relevant agencies to handle the situation.”

9. Amend Appendix V, Form No. 10 TS Import Quarantine Certificate for imported aquatic animals used as raw materials for processing and exporting food products as follows:

“Remove the validity date clause.”

10. Supplement Point d to Clause 1, Article 22 as follows:

“d) Monitor, inspect, and prevent fishing vessels or transport vessels carrying illegally harvested seafood when the consignor registers for quarantine inspection to enter Vietnamese ports, and report to the General Fisheries Department for coordination to handle the situation.”

Article 6. Implementation Provisions

1. This Circular takes effect from March 17, 2018.

2. During implementation, if there are any issues or difficulties, relevant agencies and units should promptly report to the General Fisheries Department, the Directorate of Quality Assurance of Agricultural, Forestry and Fishery Products, or the Animal Health Department for consolidation and reporting to the Minister of Agriculture and Rural Development for consideration and decision./.