Circular No. 03-TT/TCCB-LD guiding the division of tasks for the implementation of state management over the quality of aquatic products

CIRCULAR

Guidelines for the Allocation of Responsibilities in State Management

of Aquatic Product Quality

 ____________________

Pursuant to Decree 86/CP dated December 8, 1995 of the Government and Circular Joint Ministry of Science, Technology and Environment - Fisheries No. 02 TT/LB dated May 24, 1996, the Ministry of Fisheries provides guidelines for the allocation of state management responsibilities regarding aquatic product quality as follows:

I. GENERAL ALLOCATION OF RESPONSIBILITIES:

1. The Department of Science and Technology (Department of KHCN) serves as the lead agency and is responsible for advising the Ministry on unified state management of aquatic product quality throughout the country, specifically:

1.1. Developing programs and specific policies aimed at improving aquatic product quality for each period.

1.2. Researching and drafting plans to implement quality improvement programs, monitoring and inspecting, and periodically reporting on quality management work to the Ministry and sending to the Ministry of Science, Technology and Environment (Ministry of KHCNMT) for consolidation and reporting to the Government.

1.3. Organizing the development of guiding documents and regulations concerning the assurance and control of aquatic product quality within the scope of the Ministry's management, inspecting compliance with these regulations from production planning through to domestic market consumption and import/export.

2. The Bureau of Aquatic Resource Protection (Bureau of BVNLTS) implements specific tasks as defined in this Circular for goods such as aquatic seedlings, live aquatic animals and plants, fish feed, medicines for aquatic animals and plants, fishing nets, and fishing tools.

3. The Center for Quality Inspection and Sanitation of Aquatic Products (Center for KTCL & VSTS) implements specific tasks as defined in this Circular for goods such as aquatic animal and plant products used as food.

II. REGARDING STANDARDIZATION WORK:

1. The Department of Science and Technology advises the Ministry on:

1.1. Drafting plans to develop Vietnamese Technical Standards (VTNs) and Industry Standards (ISs) concerning quality and safety assurance for objects requiring management.

1.2. Coordinating with the General Administration of Standardization, Metrology, and Quality Control (General Administration of TCĐLCL) under the Ministry of KHCNMT and relevant technical committees to organize the development of VTNs and ISs for objects requiring management; dispatching specialized staff to participate in corresponding technical committees of the International Organization for Standardization (ISO) and Codex Alimentarius Commission (CAC) to compile VTNs.

1.3. Issuing ISs concerning aquatic product quality.

1.4. Specifying the content, scope, and mandatory application subjects of VTNs and ISs and submitting them to the Ministry of KHCNMT (General Administration of TCĐLCL) for coordination and directive implementation nationwide.

1.5. Cooperating with relevant central and local agencies to organize supervision and inspection of the application of mandatory VTNs and ISs, handling violations according to current regulations.

2. The Bureau of BVNLTS and the Center for KTCL & VSTS are responsible for:

2.1. Proposing lists and participating in the development of VTNs and ISs for objects requiring management within their assigned scope.

2.2. Advising the Ministry on the content, scope, and mandatory application subjects of VTNs and ISs for each period.

III. REGARDING QUALITY REGISTRATION OF GOODS:

A. AQUATIC PRODUCTS LISTED BY THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT:

1. The Department of Science and Technology is responsible for:

1.1. Submitting to the Ministry for approval the list of aquatic products and the list and limits of quality indicators that must be registered. Annually, it will take the lead in revising and supplementing this list, submit it to the Ministry for approval, and send it to the Ministry of KHCNMT for joint publication in September to apply uniformly nationwide from January 1 of the following year.

1.2. Collaborating with the General Administration of TCĐLCL to organize inspections and oversight of the quality registration activities of designated agencies across the country.

2. The Bureau of BVNLTS and the Center for KTCL & VSTS, within their assigned scope, are responsible for proposing the list of aquatic products that must be registered for quality, the list and limits of quality indicators that must be registered, to be submitted to the Ministry for approval by August each year.

B. AQUATIC PRODUCTS LISTED BY THE MINISTRY OF FISHERIES FOR DIRECT ANNOUNCEMENT

The Bureau of BVNLTS is responsible for:

1. Proposing the list of aquatic seedlings, medicines for aquatic animals and plants, biological products for aquaculture, and fish feed that must be registered for quality, the list and limits of quality indicators that must be registered, to be submitted to the Ministry of Fisheries for approval and announcement in September each year to apply from January 1 of the following year.

2. Drafting and submitting to the Ministry for promulgation regulations on quality registration of aquatic products; organizing registration and examination for quality certification for goods listed by the Ministry of Fisheries. Notifying the General Administration of TCĐLCL of the list of registered goods.

C. AQUATIC PRODUCTS THAT MUST BE RESEARCHED, TRIALLED, AND TESTED

1. The Department of Science and Technology is responsible for:

Summarizing and submitting to the Ministry for approval the list of aquatic products that need to be researched, trialed, and tested before production or use. Submitting to the Ministry for promulgation regulations and designating agencies to conduct trials and tests to provide necessary conclusions before competent authorities issue quality registration certificates.

2. The Bureau of BVNLTS and the Center for KTCL & VSTS are responsible for proposing the list of goods that need to be researched, trialed, and tested and the agencies capable of conducting such research, trials, and tests for the Ministry to consider and decide.

IV. REGARDING THE ORGANIZATION OF QUALITY INSPECTION

1. The Department of Science and Technology is responsible for advising the Ministry on:

1.1. Specifying the list of aquatic products that must undergo national quality inspection based on proposals from the Bureau of BVNLTS and the Center for KTCL & VSTS. This list must be reviewed and revised annually and submitted to the Ministry of KHCNMT for publication in September to apply uniformly nationwide from January 1 of the following year.

1.2. Specifying the inspection criteria and permissible quality levels for goods listed above, after consulting the General Administration of TCĐLCL.

1.3. Cooperate with the General Bureau for Quality Control and Standardization to develop and submit to the Ministry of Fisheries and the Ministry of Science, Technology, and Environment for issuance of regulations allowing certain organizations with legal personality, possessing technical qualifications and credibility, to participate in the state inspection of aquatic products listed in the mandatory inspection directory.

1.4. Organize the development and submission to the Ministry for issuance of regulations on inspection and issuance of quality certificates for aquatic products and compulsory quality certificates for aquatic products listed in Point 1.1 of this Part.

1.5. Regularly report to the Ministry on activities related to inspection and issuance of quality certificates for aquatic products.

2. The Bureau of Aquatic Product Safety and Health and the Center for Quality Inspection and Aquatic Product Testing shall be responsible for:

2.1. Develop inspection regulations and quality certificates for aquatic products listed in the mandatory state inspection directory according to the scope of objects assigned in Points 2 and 3 of Part I of this Circular.

2.2. Directly organize inspections and issue quality certificates for aquatic products within the scope assigned in Points 2 and 3 of Part I of this Circular.

2.3. Directly inspect and issue quality certificates for exported aquatic products to markets requiring certification from the sole authorized government agency.

2.4. Guide inspection procedures for aquatic product quality within the scope assigned to production and business establishments and organizations permitted to participate in quality inspections.

3. Technical standard measurement quality centers I, II, and III under the General Bureau for Quality Control and Standardization shall participate in the inspection and issuance of quality certificates for aquatic products listed in Point 3 of Part I of this Circular that are subject to mandatory state quality inspection (excluding exported aquatic products mentioned in Point 2.3 of Part IV of this Circular).

4. Quality certificates for aquatic products issued by state quality inspection agencies must be standardized forms printed and issued by the Ministry of Fisheries and uniformly managed nationwide.

5. In cases where inspected goods do not meet specified quality requirements, inspection agencies shall notify the owners or, in serious cases, report to the specialized fisheries inspectorate for timely handling in accordance with current laws.

V. REGARDING INSPECTION AND ISSUANCE OF PRODUCTION CONDITION CERTIFICATES

1. Annually, the Department of Science and Technology shall be responsible for submitting to the Ministry for the establishment of a list of types of production and business establishments of aquatic products required to undergo inspection and issuance of production condition certificates to ensure food safety, specify inspection criteria, permissible safety levels, and standardized production condition certificate forms.

2. The Bureau of Aquatic Product Safety and Health and the Center for Quality Inspection and Aquatic Product Testing shall be responsible for:

2.1. Propose a list of types of production and business establishments, necessary inspection criteria, permissible safety levels, and standardized production condition certificate forms within the assigned scope.

2.2. Directly inspect and issue production condition certificates ensuring food safety for production and business establishments according to the following assignments:

- The Bureau of Aquatic Product Safety and Health: breeding and farming facilities, fishing vessels, inland waterway transportation vessels, production and feed facilities for aquaculture.

- The Center for Quality Inspection and Aquatic Product Testing: processing facilities, collection points, central warehouses, fish markets, fishing ports, overland transportation vessels.

VI. STATE INSPECTION REGARDING THE QUALITY OF AQUATIC PRODUCTS

1. The specialized fisheries inspectorate assists the Ministry in coordinating with relevant agencies of the Ministry of Science, Technology, and Environment, the Ministry of Trade, the Ministry of Health, etc., in organizing inspections and handling violations concerning the quality of circulating aquatic products according to Decision No. 96/TTg dated February 18, 1995 of the Prime Minister.

Coordinate according to assigned functions, organize inspections for compliance with decrees and national regulations on product quality, handle or transfer to competent authorities for handling violations of product quality decrees, resolve complaints and denunciations according to the decree on complaints and denunciations of citizens and the decree on administrative violations concerning product quality issues.

2. Until the establishment of a specialized fisheries inspectorate, state inspections regarding the quality of aquatic products shall be organized as follows:

The Department of Science and Technology shall lead and coordinate with the Bureau of Aquatic Product Safety and Health, the Center for Quality Inspection and Aquatic Product Testing, and other relevant state management agencies to conduct inspections on the quality of aquatic products, registration and issuance of quality certificates for aquatic products, and production conditions of aquatic product production and business establishments nationwide.

VII. IMPLEMENTATION:

1. Inspection agencies authorized to register, inspect, and issue quality certificates for aquatic products and production conditions must regularly report their activities in these areas to the Ministry of Fisheries (Department of Science and Technology) every six months and annually.

2. Every six months and annually, the Department of Science and Technology shall prepare reports on the general situation of aquatic product quality management and the implementation of Decree 86/CP, while preparing content for meetings of leaders of both Ministries (Fisheries and Science, Technology, and Environment) regarding the implementation of Joint Circular No. 02 TT/LB dated May 24, 1996.

Reports on the implementation of Decree 86/CP shall also be submitted to the Ministry of Science, Technology, and Environment for consolidation and reporting to the Government.

3. Heads of units assigned responsibilities in this Circular during implementation shall promptly reflect any difficulties to the Department of Organization and Labor for coordination with the Department of Science and Technology to advise the Ministry on supplementary amendments.

4. This Circular takes effect from the date of issuance.