Circular No. 23/2014/TT-BNNPTNT guiding the implementation of Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on breeding, processing, and exporting pangasius products

CIRCULAR

Guidelines for Implementing Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on Cultivation, Processing, and Export of Pangasius Products

 Pursuant to the proposal of the General Department of Fisheries and the Director of the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquaculture;

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

Based on Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on breeding, processing, and exporting pangasius products;

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of Decree No. 36/2014/NĐ-CP dated April 29, 2014 of the Government on Cultivation, Processing, and Export of Pangasius Products.

This Circular guides the implementation of inspection of cultivation conditions, issuance of identification codes for cultivation facilities, and confirmation of registration for commercial pangasius cultivation; inspection of quality and food safety in processing and exporting pangasius products; and confirmation of export contracts for pangasius products.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to organizations and individuals in Vietnam and foreign organizations and individuals engaged in activities related to cultivation, processing, and export of pangasius on the territory of Vietnam.

Article 2. Applicability

INSPECTION OF CONDITIONS, ISSUANCE OF IDENTIFICATION CODES FOR CULTIVATION FACILITIES AND CONFIRMATION OF REGISTRATION FOR COMMERCIAL PANGASIUS CULTIVATION

Chapter II
Article 3. Issuance of Identification Codes for Cultivation Facilities and Confirmation of Registration for Commercial Pangasius Cultivation

 a) Cultivation facilities located within the planning approved by the People's Committee of the province shall be issued identification codes;

b) A facility with multiple ponds shall be issued multiple identification codes for each pond, with each pond being issued only one identification code;

1. Principles:

c) Identification codes for cultivation facilities and ponds shall only be issued upon initial registration or re-registration;

d) The process of initial registration and re-registration of identification codes may be conducted independently or concurrently with the confirmation of registration for commercial pangasius cultivation;

e) Registration for commercial pangasius cultivation includes registration of cultivation area and production volume.

2. Provisions on Identification Codes:

Consisting of 11 digits and structured as follows:

AA

: Province or centrally governed city code applicable in aquaculture management (refer to Appendix 1 attached hereto); AA-BB-CCCC-DDD, including:

a) BB: Cultivated species code (for pangasius, it is 01); CCCC

b) : Facility sequence number ranging from 0001 to 9999;DDD

c) : Pond sequence number of the facility, ranging from 001 to 999.Example: The identification code for a pangasius pond in Dong Thap Province is as follows:

d) In which: 87 is the code for Dong Thap Province; 01 is the pangasius code; 0008 is the facility sequence number, and 009 is the pond sequence number of the facility.3. Provincial Aquaculture Management Authority shall issue identification codes for cultivation facilities and confirm registration for commercial pangasius cultivation.

4. Documents for registration of identification codes for cultivation facilities and registration for commercial pangasius cultivation: 87-01-0008-009

a) For independent registration, the documents include: Application for Issuance of Identification Code for Cultivation Facility (refer to Appendix 2 attached hereto) and Layout Plan of Pond Location prepared by the facility owner or two copies of Application for Registration of Commercial Pangasius Cultivation (refer to Appendix 3 attached hereto);

b) For concurrent registration, the documents include: Application for Issuance of Identification Code for Cultivation Facility and Layout Plan of Pond Location prepared by the facility owner; two copies of Application for Registration of Commercial Pangasius Cultivation

a) At least 20 days before the release of seedlings, the facility owner is responsible for registering the identification code for the cultivation facility (initially or re-registering) and registering for commercial pangasius cultivation with the Provincial Aquaculture Management Authority;

b) The facility owner submits one set of documents as stipulated in Clause 4 of this Article directly or through postal service to the Provincial Aquaculture Management Authority; c) From the date of receipt of the documents, within no more than one working day for direct submission and no more than two working days for submission through postal service, the Provincial Aquaculture Management Authority shall guide the facility owner to supplement missing or non-compliant contents; d) Within no more than five working days from the date of receipt of valid documents, the Provincial Aquaculture Management Authority shall issue the Certificate of Identification Code for Pangasius Cultivation Facility (refer to Appendix 4 attached hereto) and confirm the Application for Registration of Commercial Pangasius Cultivation, retain one copy and return one copy directly or through postal service to the registered facility owner. In case of not issuing the identification code for the cultivation facility or not confirming the registration for commercial pangasius cultivation, the Provincial Aquaculture Management Authority must respond in writing to the facility owner, stating the reasons and not returning the documents. 6. Re-registration of Identification Codes:;

a) Cases requiring re-registration: When there is a change in the facility owner or pond area or layout plan of pond location; c) From the date of receipt of the documents, within no more than one working day for direct submission and no more than two working days for submission through postal service, the Provincial Aquaculture Management Authority shall guide the facility owner to supplement missing or non-compliant contents; b) Procedures and formalities for re-registration are the same as for initial registration: As stipulated in Clauses 4 and 5 of this Article. 6. Re-registration of Identification Codes:.

5. Implementation procedure:

a) Not later than 20 days before the stocking date, the owner of the breeding facility has the responsibility to register the identification code of the breeding facility (for the first time or re-registration) and to register the breeding of commercial Pangasius with the provincial fisheries management agency;

b) The owner of the breeding facility submits one set of documents as prescribed in Clause 4 of this Article directly or through postal service to the provincial fisheries management agency;

c) From the date of receiving the documents, within no more than one working day for directly submitted documents and no more than two working days for documents submitted through postal service, the provincial fisheries management agency guides the owner to supplement missing or non-compliant contents;

d) Within no more than five working days from the date of receiving valid documents, the provincial fisheries management agency issues the Certificate of Identification Code for the breeding facility (in accordance with Appendix 4 promulgated together with this Circular) and confirms the Registration Form for Commercial Pangasius Breeding, retains one copy and returns one copy directly or through postal service to the registering owner. In case of not issuing the identification code for the breeding facility or not confirming the registration of commercial Pangasius breeding, the provincial fisheries management agency must respond in writing to the owner, stating the reasons and not returning the documents. 6. Re-registration of identification code:

a) Cases requiring re-registration: When there is a change in the owner of the breeding facility or a change in the pond area or layout plan;

b) Procedures and formalities for re-registration are the same as for initial registration: As stipulated in Clauses 4 and 5 of this Article.

 IN PROCESSING AND EXPORT OF PANGASIUS

Article 4. Inspection of Conditions for Catfish Farming Facilities

1. Inspection of conditions for catfish farming facilities: To be carried out in accordance with Article 4 of Decree No. 36/2014/ND-CP dated April 29, 2014 of the Government on catfish farming, processing, and export (hereinafter referred to as Decree No. 36/2014/ND-CP) and Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Ministry of Agriculture and Rural Development on inspection and evaluation of production and business facilities for agricultural inputs and forestry, fishery, and aquaculture products (hereinafter referred to as Circular No. 14/2011/TT-BNNPTNT).

2. Inspection of registration of identification codes and catfish farming: As stipulated in Article 3 of this Circular:

a) Inspection of information on registration of identification codes and catfish farming combined with activities under Circular No. 14/2011/TT-BNNPTNT;

b) In cases where the facility owner declares incorrect information or distorts information about the location, area of the pond, or uses identification codes not matching the registered pond, the provincial aquatic resource management agency shall promptly take measures to correct and rectify; report to the Department of Agriculture and Rural Development and the General Fisheries Department if beyond their authority for handling according to regulations; simultaneously inform the Vietnam Pangasius Association and publicize on mass media.

Chapter III
INSPECTION OF CONDITIONS, QUALITY, AND FOOD SAFETYIN PROCESSING AND EXPORT OF CATFISH

983.18 - Meat and meat products, Preparation of test sample procedure); Official Method 950.46 - Water content in meat - Method A (Official Method 950.46 - Moisture in meat - Method A) of the Association of Official Analytical Chemists (AOAC). Testing laboratories and analytical methods must be recognized as meeting the ISO/IEC 17025:2007 standard or equivalent and evaluated and designated by the Ministry of Agriculture and Rural Development.

Article 5. Inspection of Conditions for Processing Facilities and Certification of Food Safety for Catfish Products

1. The inspection and certification of facilities meeting food safety requirements for domestic consumption catfish processing facilities shall be conducted in accordance with Articles 5 and 6 of Decree No. 36/2014/ND-CP and Circular No. 14/2011/TT-BNNPTNT.

2. The inspection and certification of food safety for exported catfish shall be carried out in accordance with Articles 5 and 6 of Decree No. 36/2014/ND-CP and Circular No. 48/2013/TT-BNNPTNT dated November 12, 2013 of the Ministry of Agriculture and Rural Development on inspection and certification of food safety for exported aquatic products (hereinafter referred to as Circular No. 48/2013/TT-BNNPTNT).

Article 6. Inspection of Quality, Chemicals, Additives, Processing Aids, and Labeling for Catfish Products

1. Inspection Authority:

a) The Bureau of Quality Management of Forestry, Aquatic Products, and the units assigned or authorized by the Bureau shall conduct inspections of catfish processing facilities for export;

b) The Provincial Bureau of Quality Management of Forestry and Aquatic Products shall conduct inspections of catfish processing facilities for domestic consumption.

2. Content of Inspection:

a) Inspection of the origin of raw catfish materials used in processing;

b) Inspection of the use of chemicals, additives, processing aids, and labeling in accordance with Vietnamese and importing country regulations;

c) Inspection of catfish product quality to ensure compliance with standards and technical regulations announced and applied by the facility;

d) Sampling and testing for moisture content and skin-on ratio.

3. Form of inspection: To be carried out in accordance with Article 48 of the Law on Product and Goods Quality; the head of the inspection agency issues a decision to establish an inspection team.

4. Inspection methods:

a) Inspection of documents, records, and actual conditions related to the production process as specified in Clause 2 of this Article;

b) Method for determining net weight and skin-on ratio: According to Standard No. 165-1989 (Revised 1-1995) of the Codex Alimentarius Commission - Codex Standard for quick frozen blocks of fish fillet, minced fish flesh and mixtures of fillets and minced fish flesh (Codex Standard 165-1989 (Rev.1-1995) - Codex Standard for quick frozen blocks of fish fillet, minced fish flesh and mixtures of fillets and minced fish flesh);

c) Method for determining moisture content: Based on the following methods: Official Method No. 983.18 - Meat and meat products, Preparation of test sample procedure; Official Method No. 950.46 - Moisture in meat - Method A (Official Method No. 950.46 - Moisture in meat - Method A) of the Association of Official Analytical Chemists (AOAC). The laboratory and analytical method must be recognized as meeting the standard TCVN ISO/IEC 17025:2007 or equivalent and evaluated and designated by the Ministry of Agriculture and Rural Development.^° Official Method Number 983.18 - Meat and meat products, Procedure for preparing test samples); Official Method Number 950.46 - Water content in meat - Method A) of the Association of Official Analytical Chemists (AOAC). The laboratory and analytical methods must be recognized as meeting the TCVN ISO/IEC 17025:2007 standard or equivalent and must be evaluated and designated by the Ministry of Agriculture and Rural Development.^° Official Method Number 950.46 - Moisture in meat - Method A) of the Association of Official Analytical Chemists (AOAC). The laboratory and analytical methods must be recognized as meeting the TCVN ISO/IEC 17025:2007 standard or equivalent and must be evaluated and designated by the Ministry of Agriculture and Rural Development.

5. Frequency of inspection:

a) Supervisory inspection: Applied according to the frequency of regular inspections for ensuring food safety as prescribed in Circular No. 48/2013/TT-BNNPTNT and Circular No. 14/2011/TT-BNNPTNT;

b) Spot inspection: Applied to facilities showing signs of violation of Article 6 of Decree No. 36/2014/ND-CP or facilities with many batches warned by the competent authority of the importing country as stipulated in Clause 4 of Article 9 of Decree No. 36/2014/ND-CP.

6. Inspection location: At the processing area, storage, and product preservation site of the facility.

7. Inspection procedures:

a) Present the inspection decision;

b) Conduct inspection according to the contents specified in Clause 2 of this Article;

c) Prepare the inspection record;

d) Inform the facility owner and report the inspection results to the inspection agency;

đ) Handle violations according to Article 7 of this Circular.

Article 7. Handling Violations Regarding Quality of Catfish Products

1. The inspection team shall prepare an administrative violation record and report to the Inspection Authority; depending on the nature and severity of the violation, the Inspection Authority:

a) Shall inventory and seal off the batches of non-compliant products, requiring catfish processing establishments to implement corrective measures to ensure product quality meets requirements before being released to the market. After correction, the products must be sampled and tested by the Inspection Authority for verification prior to release to the market;

b) Shall suspend the export of batches of catfish products that violate water content, coating ratio, and labeling regulations;

c) Shall require establishments to destroy or change the purpose of use for catfish products that violate regulations on chemical usage, additives, and processing aids.

2. If, after receiving notification from the Inspection Authority, the catfish processing establishment does not submit a report or submits an unsatisfactory report on corrective measures, the Inspection Authority shall conduct an unannounced inspection of the establishment. In case the establishment continues to violate, within seven working days from the date of the conclusion of the subsequent violation, the Inspection Authority shall publicly announce on mass media the name, address of the processing establishment, the name of the product, and the quality and safety standards not met.

3. If, after being publicly announced on mass media, the catfish processing establishment continues to violate, the Inspection Authority shall temporarily suspend production of non-compliant products and recommend competent authorities to handle the violations according to laws on administrative violations in food safety and product quality areas.

4. In case the Importing Country's Competent Authority notifies a temporary suspension of catfish product imports due to quality and safety violations, the Inspection Authority shall notify the Trader and the violating processing establishment to take corrective measures and inform the Vietnam Catfish Association to handle the situation according to regulations.

Article 8. Costs of Inspection, Sampling, and Testing

1. The costs of inspecting, sampling, and testing coating ratio, water content, and labeling during the production process of catfish products shall be borne by the Inspection Authority. These costs shall be allocated in the regular budget of the Inspection Authority.

2. In case the Inspection Authority concludes that the establishment has violated the provisions of Article 6 of Decree No. 36/2014/NĐ-CP, the establishment owner shall pay the Inspection Authority the costs of inspection, sampling, and testing of the products (including verification activities, sampling, and testing during the verification of the establishment's corrective measures report) according to Article 41 of the Product Quality Law.

Chapter IV
REGISTRATION OF EXPORT CONTRACTS FOR CATFISH PRODUCTS

Article 9. Confirmation of Registration of Export Contracts for Catfish Products

1. Implementing Organization: Vietnam Catfish Association.

2. Form of Confirmation: Directly on the Export Contract Registration Form for Catfish Products.

3. Validity of Export Contract Confirmation: Twelve months from the date of confirmation.

4. Documents include:

a) Export Contract Registration Form for Catfish Products (two copies) (Annex 5 issued together with this Circular) and other documents as stipulated at points b, c, d, đ of Clause 3, Article 8 of Decree No. 36/2014/NĐ-CP;

b) Legal copies of documents stipulated at points b, c, d, đ of Clause 3, Article 8 of Decree No. 36/2014/NĐ-CP are photocopies stamped by the trader registering the export contract.

5. Procedures and Results Delivery:

a) Method of submitting documents: The establishment owner shall submit documents as stipulated in Clause 4 of this Article directly, via fax, online registration, or through postal service to the Vietnam Catfish Association;

b) Implementation procedures: Follow Article 8 of Decree No. 36/2014/NĐ-CP;

c) Form of results delivery: Directly or through postal service.

6. In case the validity period of the export contract confirmation for catfish products expires or there are changes in information in Section II, Section III of Annex 5 issued together with this Circular, the trader shall be responsible for re-registering the export contract for catfish products; the documents, procedures, and formalities for registration shall be the same as for new registration.

Article 10. Handling the results of inspection on conditions for registering export contracts for pangasius products

When receiving notifications from management agencies regarding violations by the owners of production facilities or traders as stipulated in Articles 4, 5, 6, and 7 of this Circular, the Vietnam Pangasius Association shall:

1. Notify the owners of production facilities and traders about the violations and temporarily suspend confirmation of their subsequent export contracts for pangasius products until the violations have been rectified and confirmed by the management agency.

2. Report to the Ministry of Agriculture and Rural Development for handling according to regulations.

Chapter V
IMPLEMENTATION

Article 11. Responsibilities of State Management Agencies

1. The Fisheries General Department:

a) Take the lead and coordinate with relevant units to organize guidance, inspection, and supervision of the implementation of this Circular;

b) Develop and submit to the Minister of Agriculture and Rural Development for approval the planning for pangasius farming and processing;

c) Direct and guide localities to inspect the conditions of production and business facilities, input material quality in pangasius farming, and implement traceability of pangasius raw materials;

d) Aggregate and store databases on identification codes of pangasius farming facilities, farming area, and pangasius commercial production volume;

e) Develop annual plans and budget estimates for submission to the Minister of Agriculture and Rural Development for approval of activities related to guidance, inspection, and supervision of this Circular's implementation.

2. The Quality Management Department for Forestry, Agriculture, and Fisheries Products:

a) Organize the implementation of inspections on product quality and food safety in pangasius processing and export as prescribed in this Circular;

b) Develop annual plans and budget estimates for submission to the Minister of Agriculture and Rural Development for approval of activities related to product quality and food safety inspections for pangasius;

c) Take the lead and coordinate with the Fisheries General Department to organize statistics on frozen pangasius fillet products that do not meet the quality requirements specified in points b and c, Clause 3, Article 6 of Decree 36/2014/NĐ-CP still stored in processing and exporting facilities.

3. Departments of Agriculture and Rural Development:

a) Organize and implement this Circular within its jurisdictional area;

b) Review and submit detailed planning for pangasius farming at the locality level for approval by the provincial People's Committee;

c) Direct the local aquaculture management agency to organize inspections related to pangasius commercial farming activities and implement the issuance of identification codes for farming facilities, registration confirmation for pangasius commercial farming; aggregate the results of inspections on farming facility conditions, production and business facilities, input material quality in pangasius farming;

d) Annually develop plans and budget estimates from the state budget for activities related to issuing identification codes for farming ponds, registration confirmation for pangasius commercial farming, inspection, and supervision during farming and processing, and product quality management, application of VietGAP standards for submission to competent authorities for approval;

đ) Update databases on farming areas, pangasius production volumes, and identification codes for farming ponds; periodically report monthly, quarterly, and annually to the Fisheries General Department and notify the Vietnam Pangasius Association.

Article 12. Responsibilities of the Vietnam Pangasius Association

1. Organize the implementation of confirmation of registration for export contracts for pangasius products as prescribed in this Circular.

2. Publicize the location for receiving applications, procedures for registering confirmation of export contracts for pangasius products.

3. Establish standards and publish lists of individuals authorized to sign confirmations of registration for export contracts for pangasius products.

4. Statistically compile and periodically report monthly, quarterly, and annually to the Fisheries General Department and the Quality Management Department for Forestry, Agriculture, and Fisheries Products on the situation of registration for export contracts for pangasius products.

Article 13. Responsibilities of the subject operating breeding farms, processing facilities, and exporting catfish

1. The owner of the commercial catfish breeding farm:

a) Registers for identification code issuance for the breeding farm and registers for commercial catfish breeding in accordance with the provisions of this Circular;

b) Provides the registration certificate for commercial catfish breeding to organizations and individuals purchasing and processing catfish in accordance with the regulations.

2. Processing facilities and exporters of catfish products:

a) Implement the registration confirmation of export contracts for catfish products in accordance with the provisions of this Circular;

b) Implement quality control and food safety inspection of catfish products in accordance with Decree No. 36/2014/ND-CP;

c) Cooperate, create conditions, and meet the requirements for inspection by the Inspection Team and Inspection Authority;

d) Pay sampling and testing costs for the inspection authority in accordance with Clause 2, Article 8 of this Circular;

e) In cases where goods must be destroyed, the violating facility shall bear all costs for the destruction of goods and be responsible for the consequences of such destruction in accordance with the law.

Article 14. Transitional Provisions

1. From the date this Circular takes effect, commercial catfish breeding farms must register the area and production volume of commercial catfish breeding. The issuance of identification codes for breeding ponds will be carried out when provinces and cities complete the detailed planning review and approval for catfish breeding at the local level.

2. Export contract registration dossier:

a) From the date this Circular takes effect until May 31, 2015, the export contract registration dossier for catfish products shall be implemented in accordance with points a, d, and e of Clause 3, Article 8 of Decree No. 36/2014/ND-CP;

b) From June 1, 2015, traders registering export contracts for catfish products must submit the dossier in accordance with Clause 4, Article 9 of this Circular.

3. Frozen catfish fillet products stored in warehouses with a higher ice coating ratio and water content than specified in points b and c of Clause 3, Article 6 of Decree No. 36/2014/ND-CP may continue to be exported until December 31, 2014 if they meet the quality and food safety requirements of the importing country, but the exporter and the seafood processing facility must conduct statistics and report in accordance with the guidance of the Directorate of Quality Assurance for Agriculture, Forestry, and Fisheries.

Article 15. Effective Date

1. This Circular takes effect from September 12, 2014.

2. Any referenced documents that are amended, supplemented, or replaced shall be applied according to the amended, supplemented, or replacing document.

3. During the implementation of this Circular, if there are difficulties or obstacles, relevant agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development for research and consideration./.