Circular No. 03/2002/TT-BTS guiding the implementation of Decree No. 73/2002/NĐ-CP dated August 20, 2002 of the Government on supplementing goods and services to be banned from circulation and subject to conditional business in the List 1 and List 3 issued together with Decree No. 11/1999/NĐ-CP dated March 3, 1999 of the Government.

CIRCULAR

Guidelines for Implementing Decree No. 73/2002/ND-CP dated August 20, 2002 of the Government supplementing goods and services to be banned from circulation and conditional business operations in List 1 and List 3 issued pursuant to Decree No. 11/1999/ND-CP dated March 3, 1999 of the Government

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Pursuant to Article 3 of Decree No. 73/2002/ND-CP of the Government supplementing goods and services to be banned from circulation and conditional business operations in List 1 and List 3, the Ministry of Fisheries provides guidelines for implementing the provisions of Article 1 of the Decree as follows:

 

I. Interpretation of Terms

In Decree No. 73/2002/ND-CP dated August 20, 2002, the following terms shall be understood as follows:

1. Goods include chemicals, additives, biological preparations, environmental treatment substances, disinfectants used for breeding, farming, preservation, processing of aquatic products and aquatic services; veterinary drugs for aquatic animals, aquatic animal feed, aquatic animal breeds, fresh and processed aquatic products, fishing gear and equipment for harvesting aquatic products traded through purchase and sale transactions;

2. Trading in goods referred to in this Decree is limited to trading activities (excluding personal consumption purchases);

3. Services include services related to the purchase and sale of goods;

4. Aquatic product collection services are commercial services related to the purchase and sale of aquatic products, wherein the service provider uses specialized means or fishing vessels to purchase aquatic products or only transport aquatic products produced at scattered locations on land or at sea by organizations or individuals;

5. Aquatic animal feed is a commonly used term, with the full name being feed for aquatic animals.

II. On Prohibited Goods and Services (Clause 1, Article 1)

1. Prohibit circulation and provision of commercial services for certain chemicals, antibiotics, biological preparations listed in the list of certain chemicals and antibiotics prohibited from production, circulation, and use in aquaculture production and business (including types of feed, veterinary drugs, environmental treatment substances, disinfectants containing these chemicals and antibiotics for use in breeding, farming, preservation, and processing of aquatic products) issued together with Decision No. 01/2002/QD-BTS dated January 22, 2002 of the Minister of Fisheries.

2. The revision and supplementation of the specific list of chemicals, antibiotics, additives, biological preparations, environmental treatment substances, and disinfectants not permitted for production, circulation, and use in aquaculture business in Vietnam shall be decided by the Minister of Fisheries.

III. On Conditional Business Operations

A. Goods and Services Requiring a Certificate of Eligibility for Business Operation (Item I, List 3 under Clause 2, Article 1)

1. Trading in Veterinary Drugs for Aquatic Animals.

Organizations and individuals engaged in trading in veterinary drugs for aquatic animals must have a Certificate of Eligibility for Business Operation issued by the competent authority. Conditions for obtaining a Certificate of Eligibility for Business Operation for trading in veterinary drugs for aquatic animals:

a. Possess a Business Registration Certificate for Veterinary Drugs for Aquatic Animals issued by the competent authority.

b. Regarding technical facilities:

Have a store, signboard, and clear address;

Have a storage facility or cabinet and sales area that meet the requirements for maintaining a well-ventilated environment without moisture to ensure the quality of veterinary drugs for aquatic animals;

c. Have at least one manager or technical staff member who has been certified by the competent authority to engage in the business of selling veterinary drugs for aquatic animals.

The conditions and procedures for issuing the Business Practice Certificate for veterinary drugs for aquatic animals shall be carried out in accordance with Circular No. 01/2002/TT-BTS dated September 5, 2002 of the Ministry of Fisheries.

d/ Staff directly engaged in business must not suffer from infectious diseases as prescribed by the Ministry of Health (with a health check certificate issued by authorized health agencies); they must undergo regular health checks once every twelve months.

e/ The business premises must meet requirements for environmental protection and veterinary hygiene:

The business location must be at least 100 meters away from garbage dumps and places producing large amounts of dust and harmful substances;

There must be covered bins or containers for waste and there must be a contract with local environmental sanitation authorities for regular collection and transportation of waste.

2. Aquatic animal feed business

Organizations and individuals engaging in aquatic animal feed business must have a Certificate of Eligibility to Engage in Business issued by the competent authority, except in cases where they have already been issued a Certificate of Eligibility to Engage in Business for veterinary drugs for aquatic animals. Conditions for obtaining a Certificate of Eligibility to Engage in Business for aquatic animal feed:

a/ Must have a Certificate of Registration for Aquatic Animal Feed Business issued by the competent authority.

b. Regarding technical facilities:

Have a store, signboard, and clear address;

Must have storage facilities or cabinets and sales areas that can maintain well-ventilated and non-humid conditions to ensure the quality of aquatic animal feed;

Storage facilities, cabinets, and display areas for aquatic animal feed and veterinary drugs for aquatic animals must be separate (for businesses dealing in both types of goods).

c/ Must have at least one manager or salesperson who has completed training on aquatic animal feed knowledge. Research institutes and centers specializing in aquaculture, and schools offering aquaculture training programs have the authority to issue such certificates.

Managers or salespersons of the business who hold a degree in aquaculture from a college level or higher do not need to obtain a certificate of training on aquatic animal feed.

d/ The business premises must meet requirements for environmental protection and veterinary hygiene:

The business location must be at least 100 meters away from garbage dumps and places producing large amounts of dust and harmful substances;

There must be covered bins or containers for waste and there must be a contract with local environmental sanitation authorities for regular collection and transportation of waste.

3. Authority, procedures, and sequence for issuing Certificates of Eligibility to Engage in Business for buying and selling veterinary drugs for aquatic animals and aquatic animal feed:

a/ The issuing authority for the Certificate of Eligibility to Engage in Business is the Department of Fisheries, the Department of Agriculture and Rural Development managing fisheries, or units delegated by these Departments.

b/ Documents required for application include:

Application form for the Certificate of Eligibility to Engage in Business according to Form No. 1 and Form No. 4 attached to this Circular;

Documentation proving compliance with business conditions specified in Clause 1 and Clause 2 of Section A, Part III of this Circular, including: Business Registration Certificate, practice certificate (for businesses dealing in veterinary drugs for aquatic animals), certificate of training on aquatic animal feed knowledge or relevant academic qualifications (for businesses dealing in aquatic animal feed), health check certificate (for businesses dealing in veterinary drugs for aquatic animals).

c/ Responsibilities of the issuing authority:

Guide businesses to prepare complete application documents;

Accept applications when all documents are complete, issue a receipt and hand it over to the business; Inspect business conditions (prepare inspection records according to Form No. 2 and Form No. 5 attached to this Circular);

Issue the Certificate of Eligibility to Engage in Business (according to Form No. 3 and Form No. 6 attached to this Circular) or provide a written response stating the reasons for refusing issuance within fifteen days from the date of receiving complete application documents.

d/ Organizations and individuals granted the Certificate of Eligibility to Engage in Business must pay a fee as stipulated by the Ministry of Finance.

B. Goods and Services Not Requiring Issuance of a Certificate of Eligibility to Engage in Business (Item II of List 3 under Clause 2 of Article 1)

1. Aquatic animal seed business

Organizations and individuals are entitled to engage in aquatic animal seed business if they meet the following conditions:

a/ Must have a Certificate of Registration for Aquatic Animal Seed Business issued by the competent authority.

b. Regarding technical facilities:

Must have a clear business location, signboard, and address;

Seed ponds or tanks; equipment, tools for transporting seeds, and water supply and drainage systems of the seed business must meet technical requirements for the type of seeds being traded;

c/ Must have at least one manager or technician who has completed training on seed storage and transportation techniques. Research institutes and centers specializing in aquaculture, and schools offering aquaculture training programs have the authority to issue such certificates.

Managers or technicians of the business who hold a degree in aquaculture from a college level or higher do not need to obtain a certificate of training on seed storage and transportation techniques.

d/ The business premises must meet requirements for environmental protection, veterinary hygiene, and fire prevention:

The business location must be at least 100 meters away from garbage dumps and places producing large amounts of harmful substances;

Water sources and water quality must comply with standards set by the Ministry of Fisheries; there must be a drainage system and wastewater treatment system so that harmful substances discharged into the environment do not exceed limits specified in Vietnam National Standard TCVN 5945-1995 on industrial wastewater discharge standards and Table 1 of Circular No. 04/TS-TT dated August 30, 1990 of the Ministry of Fisheries;

Must have fire prevention equipment as prescribed by law.

2. Fishing gear and equipment for harvesting aquatic animals business

Organizations and individuals are entitled to engage in fishing gear (including raw materials for making fishing gear) and equipment for harvesting aquatic animals business if they meet the following conditions:

a/ Must have a Certificate of Registration for Fishing Gear and Equipment for Harvesting Aquatic Animals Business issued by the competent authority.

b/ Must have a store, signboard, and clear address; c/ Must meet fire prevention requirements as prescribed by law.

3. Fresh and processed aquatic animal products business

Organizations and individuals are entitled to engage in fresh and processed aquatic animal products business if they meet the following conditions (except for retail sales at markets or mobile sales):

a/ Must have a Certificate of Registration for Fresh and Processed Aquatic Animal Products Business issued by the competent authority.

b. Regarding technical facilities:

Have a store, signboard, and clear address;

The place of sale, warehouse; specialized means for purchasing, storing, and transporting aquatic products of the establishment must meet the conditions for food safety hygiene as stipulated in Industry Standard 28 TCN 164:2000.

c/ Staff directly engaged in business operations shall not suffer from infectious diseases as prescribed by the Ministry of Health (with a Health Examination Certificate issued by authorized health authorities) and must undergo regular health checks every 12 months.

d/ The business premises must meet requirements for environmental protection and veterinary hygiene:

There must be a clean water supply system;

There must be a drainage and wastewater treatment system to ensure that harmful substances discharged into the environment do not exceed permissible limits as specified in Vietnam National Standard TCVN 5945-1995 on industrial wastewater - Emission Standards and Table 1 of Circular No. 04/TS-TT dated August 30, 1990 of the Ministry of Fisheries; there must be covered bins for waste storage.

Must have fire prevention equipment as prescribed by law.

4. Engaging in aquatic animal veterinary service business

Organizations and individuals have the right to engage in aquatic animal veterinary service business when they satisfy the following conditions:

a/ Possess a Business Registration Certificate issued by the competent authority.

b. Regarding technical facilities:

Must have a clear business location, signboard, and address;

They must have equipment and tools for analyzing water environments and diagnosing diseases that meet the requirements for practicing aquatic animal veterinary services (which can be rented from other establishments but must have an effective contract).

c/ Have at least one person responsible for management or technical supervision who has been granted a Professional Practice Certificate for aquatic animal veterinary service business by the authorized authority of the Fisheries sector.

Conditions and procedures for issuing a Professional Practice Certificate for aquatic animal veterinary service business shall be carried out according to Circular No. 01/2002/TT-BTS dated September 5, 2002 of the Ministry of Fisheries.

d/ Staff directly engaged in practice shall not suffer from infectious diseases (with a Health Examination Certificate issued by authorized health authorities).

đ/ The service facility must meet the requirements for veterinary hygiene: the business location must be at least 100 meters away from garbage disposal sites and places with high levels of toxic substances; there must be a clean water supply system.

5. Engaging in aquatic seed and feed preservation and transportation service business

Organizations and individuals have the right to engage in aquatic seed and feed preservation and transportation service business when they satisfy the following conditions:

a/ Possess a Business Registration Certificate for the aforementioned service industry issued by the competent authority.

b. Regarding technical facilities:

Must have a clear business location, signboard, and address;

Specialized means for preservation, transportation, and equipment of the establishment must meet the requirements to ensure the quality of goods provided by the service.

c/ The establishment for preserving and transporting aquatic seeds must meet the requirements for veterinary hygiene as stipulated in Industry Standard 28 TCN 95-1994 and 28 TCN 164:2000; it must also meet the requirements for fire prevention and explosion control as prescribed by law.

6. Engaging in aquatic product collection, preservation, and transportation service business

Organizations and individuals have the right to engage in aquatic product collection, preservation, and transportation service business when they satisfy the following conditions (except in cases where the scale of business is small and the business registration authority confirms that registration is unnecessary):

a/ Possess a Business Registration Certificate for the aforementioned service industry issued by the competent authority.

b. Regarding technical facilities:

Must have a clear business location, signboard, and address;

The business location, factory, warehouse; specialized means for collecting, preserving, and transporting aquatic products of the establishment must meet the conditions for food safety hygiene as stipulated in Industry Standard 28 TCN 164:2000 (for preservation establishments and specialized transportation means) and Industry Standard 28 TCN 135:1999 (for fishing boats for collection, preservation, and transportation of aquatic products).

c/ Staff directly engaged in service activities shall not suffer from infectious diseases as prescribed by the Ministry of Health (with a Health Examination Certificate issued by authorized health authorities) and must undergo regular health checks every 12 months.

d/ The establishment engaging in aquatic product preservation service business must meet the requirements for environmental protection, veterinary hygiene, and fire prevention and explosion control:

There must be a clean water supply system;

There must be a drainage and wastewater treatment system to ensure that harmful substances discharged into the environment do not exceed permissible limits as specified in Vietnam National Standard TCVN 5945-1995 on industrial wastewater - Emission Standards and Table 1 of Circular No. 04/TS-TT dated August 30, 1990 of the Ministry of Fisheries;

Covered bins for waste storage must be provided;

Must have fire prevention equipment as prescribed by law.

7. Time permitted for commercial trade activities without requiring a Certificate of Compliance with Business Conditions:

For the goods and services mentioned from Clause 1 to Clause 6 Section B Part III of this Circular, organizations and individuals may commence business operations after registering their business and satisfying the conditions stipulated.

IV. Inspection, Supervision, and Handling of Violations

1. Inspection and Supervision

Responsibilities for inspecting and supervising the operation of specialized aquatic product trading and aquatic service businesses:

a/ The General Department of Aquatic Resources Protection is responsible for:

Directing and coordinating nationwide inspection and supervision work in the specialized fields regulated by this Decree;

Providing professional guidance and training to the District Departments of Aquatic Resources Protection and local agencies authorized by Provincial Fisheries Departments and Provincial Departments of Agriculture and Rural Development to manage fisheries;

Conducting inspections and supervision of aquatic product trading and service activities as stipulated in this Decree either independently or in collaboration with the Ministry's Inspectorate and relevant agencies within and outside the sector when necessary; and checking the performance of inspection and supervision tasks by the District Departments of Aquatic Resources Protection.

b/ The District Departments of Aquatic Resources Protection or units authorized by Provincial Fisheries Departments and Provincial Departments of Agriculture and Rural Development to conduct inspection and supervision have the responsibility to:

Conduct inspections and supervision of aquatic product trading and service activities as stipulated in this Circular either independently or in collaboration with local agencies regarding organizations and individuals in their jurisdiction, including central-level units, military forces engaged in economic activities within their management area;

Report periodically every six months to the General Department of Aquatic Resources Protection on the implementation of inspection and supervision tasks.

2. Disciplinary Actions

Organizations and individuals violating the provisions of this Circular will be subject to administrative penalties under the Government's Decree on Administrative Penalties in the Field of Fisheries and other relevant laws.

V. Implementation

1. This Circular shall take effect fifteen days from the date of signature.

2. Organizations and individuals currently engaged in specialized aquatic products and aquatic services business must ensure business conditions in accordance with the provisions of the Decree and this Circular.

3. Departments, Bureaus, Institutes, Centers under the Ministry of Fisheries; Fisheries Departments, Departments of Agriculture and Rural Development managing fisheries according to their functions, tasks, and authorities shall guide, urge, and inspect the implementation of this Circular; any issues encountered during implementation shall be promptly reported to the Ministry of Fisheries for study and supplementation or amendment.