Decree No. 14/2009/ND-CP Amending and Supplementing Certain Provisions of Decree No. 59/2005/ND-CP on Conditions for Production and Business in Some Aquatic Industries

DECREE

Amending and supplementing some articles of Decree No. 59/2005/NĐ-CP dated May 4, 2005 on conditions for production and business in certain fisheries occupations

______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Fisheries Law dated November 26, 2003;

Pursuant to the Law on Cooperatives dated November 26, 2003;

Pursuant to the Trade Law dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

Article 1.

Amending and supplementing some articles of Decree No. 59/2005/NĐ-CP dated May 4, 2005 of the Government on conditions for production and business in certain fisheries occupations (hereinafter referred to as Decree No. 59/2005/NĐ-CP) as follows:

1. Point a Clause 1 Article 5 shall be supplemented as follows:

"a. Possess a Fishing Vessel Registration Certificate or a Fishing Vessel Registration Confirmation according to the guidance of the Ministry of Agriculture and Rural Development".

2. Point d Clause 1 Article 5 shall be amended and supplemented as follows:

"d. The captain and chief engineer of fishing vessels as prescribed by the Ministry of Agriculture and Rural Development must have certificates of competency for captains and chief engineers".

3. Point b of Clause 1 of Article 6 shall be amended and supplemented as follows:

"b. Copies of the following documents:

- Fishing Vessel Registration Certificate or Fishing Vessel Registration Confirmation according to the guidance of the Ministry of Agriculture and Rural Development;

- Safety Technical Inspection Certificate for fishing vessels, for fishing vessels as prescribed by the Ministry of Agriculture and Rural Development;

- Crew Register Book, for fishing vessels as prescribed by the Ministry of Agriculture and Rural Development;

- Certificates of competency for captains and chief engineers, for fishing vessels as prescribed by the Ministry of Agriculture and Rural Development."

4. Point b Clause 2 Article 6 shall be amended and supplemented as follows:

"b. Copy of the Safety Technical Inspection Certificate for fishing vessels."

5. Clause 3 Article 6 shall be amended as follows:

"3. The competent authority issuing licenses as provided for in Article 7 of Decree No. 59/2005/NĐ-CP shall issue licenses within seven (07) working days and extend licenses within five (05) working days from the date of receipt of complete and valid applications. In case of non-issuance or non-extension of licenses, a written response stating the reasons must be issued."

6. Supplement Article 6a as follows:

"Article 6a. Procedures and sequence for reissuing licenses

1. Organizations and individuals may reissue licenses in the following cases:

a. Loss of license;

b. Damage or deterioration of license.

2. Application documents for reissuing licenses include:

a. An application form for reissuing licenses as prescribed by the Ministry of Agriculture and Rural Development;

b. Confirmation letter from the competent authority (in case of loss of license) or damaged or deteriorated license.

3. The competent authority reissuing licenses shall issue licenses within five (05) working days from the date of receipt of complete and valid applications. In case of non-reissuance of licenses, a written response stating the reasons must be issued.

5. The validity period of reissued licenses shall be the same as that of the original licenses.

6. Organizations and individuals applying for reissuing licenses must pay fees as prescribed by the Ministry of Finance."

7. Clause 3 Article 7 shall be supplemented as follows:

"3. The competent authority issuing licenses is also the authority responsible for revoking, extending, and reissuing licenses."

8. Clause 4 of Article 9 shall be amended and supplemented as follows:

"4. Production facilities must have at least one technician with a diploma or higher in fishing technology or marine engineering; business facilities must have at least one technical staff member with a certificate in fishing technology or marine engineering training."

9. Clause 5 Article 10 shall be amended and supplemented as follows:

"5. Regarding the qualifications of technical staff:

a. For new construction and modification facilities of fishing vessels with total main engine power under 50 horsepower, there must be at least one technical staff member with a certificate in new construction and modification procedures, regulations, and technical standards for fishing vessels;

b. For new construction and modification facilities of fishing vessels with total main engine power of 50 horsepower or more, there must be at least one technical staff member with a diploma in ship hull technology and at least one technical staff member with a diploma in ship engine technology;

c. During the new construction and modification of fishing vessels with total main engine power of 250 horsepower or more, the new construction and modification facility must have a marine engineer specializing in ship engines and hulls to supervise the work."

"h. Must have clear signs and addresses;

i. Must ensure the quality standards of goods announced and implement labeling of goods in accordance with the provisions of the law."

"5. Must ensure the quality standards of goods announced and implement labeling of goods in accordance with the provisions of the law."

"Only permitted to trade aquatic feed types listed in the directory allowed to circulate in Vietnam, which have been announced with quality standards and meet veterinary hygiene standards; implement labeling of goods in accordance with the provisions of the law."

"Article 16. Processing of aquatic products and trading of raw materials for food processing. Organizations and individuals processing aquatic products and trading raw materials for food processing must meet the following conditions:

1. Possess a business registration certificate for aquatic product processing and raw material trading for food processing issued by the competent state management agency.

2. Have shops, clear signs, and addresses.

3. Processing plants, warehouses, purchasing, preservation, and transportation equipment for aquatic products must meet the hygiene and safety requirements for food as stipulated by law.

4. Only permitted to use food additives and chemicals in the list allowed to circulate in Vietnam and must use them in accordance with the prescribed limits as stipulated by law.

5. Facilities must comply with environmental protection and veterinary hygiene requirements as stipulated by law.

6. Must have at least one technical staff member with a certificate in food hygiene and safety training."

14. The name of the agency "Ministry of Fisheries" in Decree No. 59/2005/NĐ-CP shall be changed to "Ministry of Agriculture and Rural Development".

Article 2. Effective Date

This Decree takes effect from April 1, 2009./.