Circular No. 09/2011/TT-BNNPTNT provides for the certification and confirmation of exported marine products destined for the European market.

CIRCULAR

Regulations on certifying and confirming marine products harvested for export to the European market

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Based on the Fisheries Law dated November 26, 2003;

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government;

Pursuant to Decree No. 59/2005/ND-CP dated May 4, 2005 of the Government on conditions for production and business in certain aquatic industries; Decree No. 14/2009/ND-CP dated February 13, 2009 of the Government amending and supplementing some articles of Decree No. 59/2005/ND-CP;

Pursuant to Decree No. 33/2010/ND-CP dated March 31, 2010 of the Government on management of fishing activities by organizations and individuals of Vietnam in various sea areas;

To serve state management requirements for fishing and protecting aquatic resources and to implement the provisions of the European Union Council regarding prevention, deterrence, and elimination of illegal, unreported, and unregulated fishing activities, the Ministry of Agriculture and Rural Development hereby stipulates regulations on certifying marine products harvested for export to the European market as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates procedures, formalities, contents of confirming raw materials from marine products harvested, certifying marine products harvested, and confirming commitments of marine products exported with origins from imported marine products harvested for export to the European Union (EU) market.

Article 2: Scope of Application

1. This Circular applies to organizations and individuals involved in harvesting, purchasing, processing, and exporting marine products harvested and importing marine products harvested for processing and exporting to the European Union (EU) market.

2. It does not apply to marine products and marine product items listed in Appendix 1 attached hereto.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Confirmation of raw materials from marine products harvested: Is the confirmation by the competent authority that the raw materials from marine products harvested do not violate regulations on illegal, unreported, and unregulated fishing.

2. Certification of marine products harvested: Is the certification by the competent authority that the export consignment processed from raw materials from marine products harvested does not violate regulations on illegal, unreported, and unregulated fishing.

3. Confirmation of commitment of exported marine products with origins from imported marine products harvested: Is the confirmation by the competent authority that the consignment processed from imported marine products harvested does not violate regulations on illegal, unreported, and unregulated fishing.

4. Fishing area: Is the sea area where fishing vessels conduct fishing during a fishing trip.

5. Fishing time: Is the period from the day the vessel starts deploying nets to fish until the day it finishes hauling nets.

6. Certified consignment: Is the consignment certified by the competent authority for export to the EU.

7. Transshipment at port: Is the activity of transferring goods from one vessel to another within the port area.

8. Shipper: Is the owner of the consignment of marine products exported to Europe.

9. The following types of quantities are understood as follows:

- Estimated live weight: Is the total weight of raw material used to process the export consignment, used when marine products are exported alive, when part of the harvested product is exported upon arrival at the port, or when all harvested products are processed before export.

- Estimated quantity transferred ashore: Used when the harvested product arrives at the port of the country whose flag the vessel flies or another port and is exported entirely.

- Quantity certified on land: Is the total finished product weight of the consignment intended for export.

Article 4. Illegal, Unreported, and Unregulated Fishing Activities

Illegal, unreported, and unregulated fishing occurs when organizations or individuals engaged in fishing violate any of the following acts:

1. Fishing without a valid Fishing Permit issued by the competent authority.

2. Not recording and reporting fishing activities as required.

3. Fishing in prohibited areas, during prohibited times, of prohibited species, or of species smaller than the permitted size.

4. Using prohibited fishing methods or fishing gears or using them improperly.

5. Concealing, falsifying, or destroying evidence of violations related to fishing and protection of aquatic resources.

6. Obstructing the work of officers performing inspection and supervision duties concerning fishing and protection of aquatic resources.

7. Bringing aboard, transshipping, or transporting marine products smaller than the permitted size beyond the allowed ratio in fishing.

8. Transshipping or participating in, assisting, or supporting fishing activities of vessels already identified as engaging in illegal, unreported, and unregulated fishing.

9. Engaging in fishing activities in areas managed by regional fisheries management organizations without complying with the organization's regulations if Vietnam has signed or joined such organizations.

Article 5. Authorities with the power to certify and confirm harvested aquatic products

1. The District Fisheries Resource Management Units or units assigned the task of managing the specialized sector of harvesting and protecting fisheries resources at the local level shall carry out certification of harvested aquatic products, confirmation of harvested aquatic product raw materials, and inspection of illegal, unreported, and unregulated fishing activities on fishing vessels.

2. The Regional Quality Control Centers for Agriculture, Forestry, and Aquaculture under the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Resources shall conduct inspections and confirm commitments for exported aquatic products originating from imported harvested aquatic products.

Chapter II

PROCEDURE AND PROCEDURES FOR CONFIRMING HARVESTED AQUATIC PRODUCT RAW MATERIALS, CERTIFYING HARVESTED AQUATIC PRODUCTS, AND CONFIRMING COMMITMENTS FOR EXPORTED AQUATIC PRODUCTS WITH

 ORIGINATING FROM IMPORTED HARVESTED AQUATIC PRODUCTS

SOURCE FROM CAPTURED AQUATIC PRODUCTS IMPORTED

Article 6. Confirmation of raw materials of caught aquatic products

1. Exporters fill in the information as prescribed in the Certificate of Harvested Aquatic Product Raw Materials (as stipulated in Appendix 3 attached hereto) and submit it to the authority with the power as specified in Clause 1 of Article 5 of this Circular where the exporter purchases the harvested aquatic product raw materials, either directly at the authority or through postal service.

2. Within no more than two working days from the date of receiving the request to confirm harvested aquatic product raw materials, the authority verifies the authenticity of the information declared in the Certificate of Harvested Aquatic Product Raw Materials and confirms it for the exporter.

In case of non-confirmation, there must be a written response stating the reasons.

3. Exporters requesting confirmation of harvested aquatic product raw materials may receive the results directly at the authority or via postal service (in cases where the exporter requests the confirmation result via postal service).

4. The Certificate of Harvested Aquatic Product Raw Materials is made in two copies, one copy given to the exporter and one copy retained by the confirming authority.

Article 7. Certification of caught aquatic products

1. Exporters complete the dossier (one set) and send it to one of the authorities with the power where the exporter has purchased the raw materials for requesting certification of harvested aquatic products, either directly at the authority or through postal service.

a. In the case of a batch of harvested aquatic products using raw materials from one vessel, the dossier includes:

- The Certificate of Harvested Aquatic Products (fully filled out from Section 1 to Section 8, Model Appendix 2 issued together with this Circular);

- Transport information (according to Model Appendix 2b issued together with this Circular).

b. In the case of a batch of harvested aquatic products using raw materials from two or more vessels, the dossier includes:

- The Certificate of Harvested Aquatic Products (fully filled out in Sections 1; 3, 6, 7, 8; Model Appendix 2 issued together with this Circular);

- Transport information (according to Model Appendix 2b issued together with this Circular);

- Supplementary information for aquatic products processed from raw materials of Vietnamese fishing vessels (Model Appendix 2a issued together with this Circular);

- The Certificate of Harvested Aquatic Product Raw Materials (related to the export batch confirmed by the authority).

2. Within no more than two working days from the date of receiving the dossier requesting certification of harvested aquatic products, the authority verifies the authenticity of the information in the dossier requesting certification of harvested aquatic products and certifies it for the exporter.

In case of non-certification, there must be a written response stating the reasons.

3. Exporters requesting certification of harvested aquatic products may receive the results directly at the authority or via postal service (in cases where the exporter requests the certification result via postal service).

4. Each export batch receives one Certificate of Harvested Aquatic Products. The Certificate of Harvested Aquatic Products is made in two copies, one copy given to the exporter and one copy retained by the certifying authority.

Article 8. Confirmation of Commitment for Exported Aquatic Products Originating from Imported Marine Catch

1. A consignment of raw materials from imported marine catch intended for processing and export to the European market must have a fishing certificate issued by the competent authority of the flag state of the vessel.

2. The exporter of a consignment produced from imported marine catch shall submit registration documents to the competent authority mentioned in Clause 2, Article 5 of this Circular.

The documents include:

a. Fishing certificate (original or copy);

b. Application for quality and food safety inspection of the aquatic product consignment according to the model prescribed in Decision No. 118/2008/QĐ-BNN dated December 11, 2008 of the Minister of Agriculture and Rural Development or application for quarantine and quality inspection according to the model prescribed in Circular No. 47/2010/TT-BNNPTNT dated August 3, 2010;

c. Detailed list of the consignment issued together with the model prescribed in Appendix 1 attached to Circular No. 47/2010/TT-BNNPTNT dated August 3, 2010;

d. Confirmation of commitment for exported aquatic products originating from imported marine catch (according to the model prescribed in Appendix 5 attached to this Circular).

If the registration documents for inspection of the consignment are in compliance, the inspection authority shall confirm on the registration form and agree with the exporter on the time of on-site inspection. If not in compliance, the competent authority shall guide the exporter to complete the documents in accordance with the regulations.

3. Forms of inspection

On-site inspection shall be conducted for all consignments before export.

4. Content of Inspection

Verify the consistency and authenticity of the information committed by the exporter compared to the production records of the consignment and the fishing certificates of the raw material consignments used to produce the consignment.

5. Confirmation and Notification of Inspection Results

a. Within two (02) working days from the end of on-site inspection, the competent authority shall confirm the commitment of the exporter for the inspected consignment according to the model prescribed in Appendix 5 attached to this Circular.

b. In case the inspection results do not meet the requirements, the competent authority shall not confirm the commitment and notify the exporter in writing, specifying the reasons.

Chapter III

INSPECTION OF ILLEGAL FISHING, UNREPORTED AND UNREGULATED ACTIVITIES FOR FISHING BOATS

 ILLEGAL, UNREPORTED AND UNREGULATED FISHING ACTIVITIES FOR FISHING BOATS

Article 9. Inspection of illegal fishing, unreported and unregulated activities for fishing boats

1. Inspection Objectives

Fishing vessels engaged in fishing and transporting aquatic products that are used as raw materials for processing and exporting to the European market.

2. Inspection Authorities

The Directorate of Fisheries Resources Exploitation and Protection and other authorities mentioned in Clause 1, Article 5 of this Circular shall develop plans and conduct inspections.

3. Principles of Inspection

Based on risk assessment principles, ensuring that inspections are conducted at least five percent of the total number of fishing vessels docking at ports or fish landing sites annually.

4. Formation of Inspection Teams

The head of the competent authority issues a decision to establish an inspection team, specifying the scope, content, and location of the inspection; the names, positions of the team leader and members; responsibilities of the ship owner and the inspection team. The decision to establish the inspection team must be notified to the vessel at the start of the inspection.

5. Content of Inspection

Inspect fishing permits and the contents stipulated in Article 4 of this Circular, which are detailed in the decision to establish the inspection team by the competent authority.

After completing the inspection, the inspection team shall prepare an inspection report and notify the inspection results, specifying any violations (if any); representatives of the inspection team, the captain, or the captain's representative shall sign the inspection report. The inspection report shall be made in two copies, one copy handed over to the ship owner, and one copy retained by the competent authority. The model of the inspection report is prescribed in Appendix 9 of this Circular.

6. Handling of inspection results

If the inspection results reveal violations of this Circular, depending on the severity of the violation, the inspection authority shall apply one of the following measures:

 + Not issue a fishing certificate for the marine catch of that vessel for a period of sixty days from the date of inspection and include the vessel in the list of illegally fishing vessels, unreported and unregulated, and publish it on the website of the General Department of Fisheries, Directorate of Fisheries Resources Exploitation and Protection (http://www.cucktbvnlts.gov.vn);

 + Transfer the file to the relevant authority for further handling in accordance with the law;

 + After sixty days, if the direct management authority of the fishing vessel confirms that the vessel has taken corrective actions and rectified the violations, the General Department of Fisheries will remove the vessel from the list of illegally fishing vessels, unreported and unregulated.

Chapter IV

RESPONSIBILITIES AND LIMITS OF ORGANIZATIONS AND INDIVIDUALS

Article 10. Responsibilities and rights of the ship captain, fishing vessel owner, or representative of the ship captain or fishing vessel owner

1. The ship captain, fishing vessel owner, or representative of the ship captain has the following responsibilities:

a. Provide accurate information related to the Fishing Product Raw Material Confirmation Certificate (as prescribed in Appendix 3 issued together with this Circular) to the exporter, sign to confirm, and be responsible for their declarations.

b. Create conditions for the Inspection Team to perform their tasks.

2. The ship captain, fishing vessel owner, or representative of the ship captain, fishing vessel owner has the right to request the competent authority to provide regulations related to the confirmation of fishing raw materials and certification of fishing products.

Article 11. Responsibilities and rights of the exporter

1. The exporter has the following responsibilities:

a. Complete the relevant information recorded in the Fishing Product Certification Certificate (as prescribed in Appendix 2 issued together with this Circular) and the Fishing Product Raw Material Confirmation Certificate (as prescribed in Appendix 3, Attachment 2a, Attachment 2b issued together with this Circular) before submitting the application to the competent authority for certification and confirmation, and be responsible for their declarations.

b. Provide information related to the implementation of this Circular when requested by the competent authority (as stipulated in Article 5 of this Circular).

c. Store the certification and confirmation files for a period of three (03) years from the date of certification and confirmation.

2. The exporter has the following rights:

a. Request the competent authority to provide regulations related to certification and confirmation.

b. Choose one of the competent authorities where they have purchased raw materials to apply for certification of fishing products.

Article 12. Responsibilities and powers of the competent authorities mentioned in Clause 1 of Article 5 of this Circular

1. Responsibilities

a. Handle and accept applications related to the confirmation of fishing raw materials and certification of fishing products as prescribed in Articles 6 and 7 of this Circular when requested by the exporter.

b. Guide the exporter, ship captain, fishing vessel owner, and representative of the ship captain, fishing vessel owner to perform tasks related to the confirmation of fishing raw materials and certification of fishing products.

c. Implement reporting procedures as prescribed in Article 16 of this Circular.

d. Report violations discovered to the Fisheries General Department and transfer the file to the competent authority for handling according to regulations.

e. Store files related to the certification of fishing products and confirmation of fishing raw materials for a period of three (03) years from the date of certification and confirmation.

2. Authorities

a. Require the ship captain, fishing vessel owner, representative of the ship captain, fishing vessel owner, and exporter to provide relevant information for certification and confirmation purposes.

b. Refuse certification and confirmation if the ship captain, fishing vessel owner, or exporter violate the provisions of this Circular.

Article 13. Responsibilities and powers of the competent authorities mentioned in Clause 2 of Article 5 of this Circular

1. Responsibilities

a. Carry out the confirmation of commitments for exported aquatic products originating from imported fishing products as prescribed in Article 8 of this Circular.

b. Guide the importer to carry out the confirmation of commitments for exported aquatic products originating from imported fishing products.

c. Report to the Directorate of Quality Control of Agriculture, Forestry and Fisheries as prescribed.

d. Store the confirmation files for commitments for exported aquatic products originating from imported fishing products for a period of three (03) years from the date of confirmation.

2. Authorities

a. Require the importer to provide relevant information for confirmation purposes.

b. Refuse confirmation if the importer violates the provisions of this Circular.

Article 14: Responsibilities of the Fishery Port Management Board

a. Confirm information related to cargo transfer at the port in the fishing product certification (if applicable).

b. Provide information related to fishing vessels registered for anchorage and loading/unloading at the port.

Chapter V

IMPLEMENTATION

Article 15. Tasks of the management agency

1. Tasks of the General Department of Fisheries

Direct the Fisheries Resource Exploitation and Protection Department to:

a. Uniformly organize and implement specialized and professional activities; periodically inspect and supervise activities related to inspection and confirmation of fishing raw materials and fishing product certification.

b. Organize training and professional development for staff involved in inspection and confirmation of fishing raw materials and fishing product certification.

c. Promote and guide procedures and methods for managing, inspecting, and confirming fishing raw materials and fishing product certification to be uniformly applied nationwide; raise awareness among fishermen and relevant organizations and individuals about illegal, unreported, and unregulated fishing and the implementation of this Circular.

d. Report to the Ministry of Agriculture and Rural Development every six months on the results of implementing the relevant provisions of this Circular.

e. Announce a list of fishing vessels violating regulations on illegal, unreported, and unregulated fishing on the website of the General Department of Fisheries, the Fisheries Resource Exploitation and Protection Department, relevant agencies, and the European Commission's Fisheries Issues Unit.

f. Lead and coordinate with relevant Vietnamese agencies to exchange and negotiate with authorized European agencies regarding cooperation, information exchange, and resolution of issues related to the implementation of regulations against illegal, unreported, and unregulated fishing by the European Commission.

2. Tasks of the Quality Management Department for Agricultural and Forestry Products and Aquatic Products

a. Direct and uniformly organize and implement specialized and professional activities; periodically inspect and supervise activities related to inspection and confirmation of export product commitments derived from imported fishing products.

b. Uniformly manage specialized and professional activities; train and develop staff involved in inspection and confirmation of export product commitments derived from imported fishing products.

c. Report to the Ministry of Agriculture and Rural Development every six months on activities related to inspection and confirmation of export product commitments derived from imported fishing products.

3. Tasks of the Departments of Agriculture and Rural Development of coastal provinces and cities

a. Direct, guide, and inspect the implementation of this Circular by the competent authority specified in Clause 1, Article 5 of this Circular.

b. Guide, disseminate, and inspect compliance with regulations of the Ministry of Agriculture and Rural Development and professional guidance from the General Department of Fisheries.

c. Direct subordinate units to cooperate with relevant agencies in the area to organize guidance, promotion, and dissemination of relevant provisions of this Circular.

e. Advise provincial People's Committees to ensure funding, personnel, and related conditions for the operation of the competent authority for fishing product certification.

Article 16. Reporting System

1. Competent authorities specified in Clause 1, Article 5 of this Circular shall prepare detailed reports on fishing product certification situations monthly, quarterly, annually, or upon request.

2. Competent authorities specified in Clause 2, Article 5 of this Circular shall prepare detailed reports on fishing raw material confirmation situations monthly, quarterly, annually, or upon request.

3. The report content includes: List of consignees certified for fishing product shipments, confirmed fishing raw materials, list of fishing vessels violating regulations on illegal, unreported, and unregulated fishing; total number of fishing vessels certified, total volume of certified and confirmed fishing products, according to the model prescribed in Appendix 10 of this Circular.

4. Reporting deadlines: No later than five days from the end of the month, no later than ten days from the end of the quarter, no later than fifteen days from the end of the year.

Article 17. Implementation Organization

1. The General Department of Fisheries, Bureaus, Departments, Inspection Units, Centers under the Ministry of Agriculture and Rural Development; Departments of Agriculture and Rural Development according to their functions, tasks, and authorities shall urge and inspect the implementation of this Circular.

2. Funding for the confirmation of fishing raw materials, confirmation of export product commitments derived from imported fishing products, and fishing product certification shall be budgeted by assigned units and included in their annual operating budgets.

3. In case of arising issues or difficulties during implementation, relevant agencies and units shall promptly report and propose solutions to the Ministry of Agriculture and Rural Development (through the General Department of Fisheries or the Quality Management Department for Agricultural and Forestry Products and Aquatic Products depending on the issue) for consolidation and submission to the Minister for consideration and appropriate amendments.

Article 18. Effective Date

1. This Circular takes effect 45 days from the date of issuance, abolishing Decisions No. 3477/QĐ-BNN-KTBVNL dated December 4, 2010 and Decision No. 3720/QĐ-BNN-KTBVNL dated December 30, 2010 of the Ministry of Agriculture and Rural Development./.