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

CIRCULAR

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

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;

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

At the proposal of the Director General of the Fisheries General Department and the Director of the Directorate of Quality Assurance for Agriculture, Forestry and Fisheries 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 breeding, processing, and exporting pangasius products.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

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

Article 2. Applicability

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

Chapter II
INSPECTION OF CONDITIONS, ISSUANCE OF IDENTIFICATION CODES FOR BREEDING FACILITIES AND CONFIRMATION OF REGISTRATION FOR PANGASIUS BREEDING

Article 3. Issuance of identification codes for breeding facilities and confirmation of registration for pangasius breeding

1. Principles:

a) Breeding 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;

c) Identification codes for breeding 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 can be conducted independently or concurrently with the confirmation of registration for pangasius breeding;

đ) Registration for pangasius breeding includes registration of breeding area and production volume.

2. Provisions on identification codes:

Consisting of 11 digits and structured as follows: AA-BB-CCCC-DDD, including:

a) AA: Province or centrally administered city code applicable in aquaculture management (according to Appendix 1 attached hereto);

b) : Facility sequence number ranging from 0001 to 9999;: Cultivated species code (for pangasius it is 01);

c) CCCC: Serial number of the facility ranging from 0001 to 9999;

d) DDD: Pond serial number of the facility ranging from 001 to 999.

Example: The identification code for a pangasius breeding pond in Dong Thap Province is as follows: 87-01-0008-009

In which: 87 is the code for Dong Thap Province; 01 is the code for pangasius; 0008 is the serial number of the breeding facility, and 009 is the pond serial number of the facility.

3. Provincial Aquaculture Management Authority shall issue identification codes for breeding facilities and confirm registration for pangasius breeding.

4. Documents for registration of identification codes for breeding facilities and registration for pangasius breeding:

a) For independent registration, the documents include: Application for issuance of identification codes for breeding facilities (according to Appendix 2 attached hereto) and Layout plan of pond locations prepared by the breeding facility owner or two copies of Application for pangasius breeding registration (according to Appendix 3 attached hereto);

b) For concurrent registration, the documents include: Application for issuance of identification codes for breeding facilities (according to Appendix 2 attached hereto) and Layout plan of pond locations prepared by the breeding facility owner; two copies of Application for pangasius breeding registration (according to Appendix 3 attached hereto).

5. Implementation procedure:

a) Not later than 20 days before the release of seedlings, the breeding facility owner is responsible for registering the identification codes for breeding facilities (initially or re-registering) and registering pangasius breeding with the Provincial Aquaculture Management Authority;

b) The breeding 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 Certificate of identification codes for pangasius breeding facilities (according to Appendix 4 attached hereto) and confirm the Application for pangasius breeding registration, retain one copy and return one copy directly or through postal service to the applicant. In case of not issuing identification codes for breeding facilities or confirming pangasius breeding registration, 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 breeding facility owner or changes in pond area or layout plan of pond locations;

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

Article 4. Inspection of Conditions for Catfish Farming Facilities

1. Inspection of conditions for catfish farming facilities: Implemented according to 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 misrepresents 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, FOOD SAFETY IN PROCESSING AND EXPORT OF CATFISH

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

1. The inspection and certification of facilities ensuring food safety for domestic consumption catfish processing facilities shall be carried out according to 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 according to 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 Control of Forestry, Agricultural, and Aquatic Products and units assigned or authorized by the Bureau to inspect catfish processing facilities for export;

b) The Provincial Bureau of Quality Control of Forestry, Agricultural, and Aquatic Products shall inspect catfish processing facilities for domestic consumption.

2. Content of Inspection:

a) Inspection of origin of raw catfish material used in processing;

b) Inspection of the use of chemicals, additives, processing aids, and labeling according to Vietnamese and importing country regulations;

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

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

3. Inspection Methods: Implemented according to Article 48 of the Product and Goods Quality Law; the head of the inspection authority issues a decision to establish an inspection team.

4. Inspection Methods:

a) Inspection of records, documents, 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 Codex Standard 165-1989 (Revised 1-1995) 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));

c) Method for determining moisture content: Based on methods: Official Method N 983.18 - Meat and meat products, Preparation of test sample procedure; Official Method N 950.46 - Moisture in meat - Method A (AOAC). Testing laboratories and analytical methods must be recognized as meeting TCVN ISO/IEC 17025: 2007 or equivalent and evaluated and designated by the Ministry of Agriculture and Rural Development.^° 5. Frequency of Inspection:^° a) Supervisory inspection: Applied according to the frequency of periodic inspections for food safety assurance as stipulated in Circular No. 48/2013/TT-BNNPTNT and Circular No. 14/2011/TT-BNNPTNT;

b) Spot inspection: Applied to facilities showing signs of violation as stipulated in Article 6 of Decree No. 36/2014/ND-CP or facilities with multiple 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 processing areas, storage areas, and places where products are stored at 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 authority;

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

d) Notify the owner of the establishment and report to the Inspection Authority the results of the inspection;

đ) Handle violations in accordance with 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 Tra fish products

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

1. Notify the owners of establishments and traders about the violations and temporarily suspend confirmation of their subsequent export contracts for Tra fish 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 breeding and processing Tra fish;

c) Direct and guide localities to inspect the conditions of production and business establishments, input material quality in Tra fish breeding, and implement traceability of raw Tra fish materials;

d) Aggregate and store databases on identification codes of breeding establishments, breeding areas, and Tra fish production volumes;

e) Develop annual plans and budgets 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 Directorate of Quality Assurance for Agricultural Products and Aquatic Products:

a) Organize the implementation of inspections on product quality and food safety in processing and exporting Tra fish products as prescribed in this Circular;

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

c) Take the lead and coordinate with the Fisheries General Department to organize the statistics of frozen Tra fish fillets that do not meet the quality requirements specified in points b and c, Clause 3, Article 6 of Decree No. 36/2014/NĐ-CP still stored in processing and exporting establishments.

3. Departments of Agriculture and Rural Development:

a) Implement this Circular within its jurisdiction;

b) Review and submit detailed breeding plans for Tra fish at the locality level for approval by the provincial or municipal People's Committee;

c) Direct the local fisheries management agency to organize inspections related to commercial Tra fish breeding activities and implement the issuance of identification codes for breeding establishments, confirmation of registration for commercial Tra fish breeding; aggregate the results of inspections on breeding establishment conditions, production and business establishments, and input material quality in Tra fish breeding;

d) Annually develop plans and budget estimates from the state budget for activities related to issuing identification codes for breeding ponds, confirming registration for commercial Tra fish breeding, inspections, and supervision during breeding and processing, and managing product quality, applying VietGAP, for submission to competent authorities for approval;

đ) Update databases on breeding areas, Tra fish production volumes, and pond identification codes; 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 Tra fish products as prescribed in this Circular.

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

3. Establish standards and publish lists of authorized signatories for confirming registration of export contracts for Tra fish products.

4. Statistically report periodically monthly, quarterly, and annually to the Fisheries General Department and the Directorate of Quality Assurance for Agricultural Products and Aquatic Products on the situation of registration for export contracts for Tra fish products.

Article 13. Responsibilities of the subject operating fish farming, processing, and exporting Trang Basa

1. The subject operating commercial Trang Basa fish farms:

a) Register for issuance of identification codes for fish farms and register for commercial Trang Basa fish farming in accordance with this Circular;

b) Provide the registration certificate for commercial Trang Basa fish farming to organizations and individuals purchasing and processing Trang Basa fish as prescribed.

2. Processing facilities and traders exporting Trang Basa products:

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

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

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

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

đ) 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 Trang Basa fish farms must register the area and production volume of commercial Trang Basa fish farming. The issuance of identification codes for fish ponds will be implemented when provinces and cities complete the review and approval of detailed plans for Trang Basa fish farming at localities.

2. Export contract registration dossier:

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

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

3. Frozen Trang Basa fillet products stored in warehouses with higher ice coating ratios and water content than those 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 importing countries, but exporters and processing facilities must conduct statistics and report according to the guidance of the Directorate of Quality Assurance for Agricultural and Forestry Products and Aquatic Products.

Article 15. Effective Date

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

2. Any referenced documents applied in this Circular, if amended, supplemented, or replaced, shall be applied according to the amended, supplemented, or replacement document.

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

 

Appendix 1

Regulations on province/city code application in aquaculture management
(Annexed to Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 issued by the Minister of Agriculture and Rural Development)

 

Appendix 2

Model Registration Certificate for Issuance of Identification Codes for Commercial Trang Basa Fish Farms
(Annexed to Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 issued by the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

REGISTRATION CERTIFICATE FOR ISSUANCE OF IDENTIFICATION CODES FOR COMMERCIAL TRANG BASA FISH FARMS

Unit: Equivalent USD¹: ……………………………………..

Name of farm owner:...

Contact address:...

Phone number..., Fax..., Email (if any):...

Based on Circular No. .../2014/TT-BNNPTNT dated.../.../2014 issued by the Minister of Agriculture and Rural Development guiding the implementation of Government Decree No. 36/2014/ND-CP on Trang Basa fish farming, processing, and exporting.

Apply for issuance of identification codes for each Trang Basa fish pond as follows:

I hereby solemnly declare and take responsibility for the information declared./.

Tel:

Model Registration Certificate for Commercial Trang Basa Fish Farming
(Annexed to Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 issued by the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

REGISTRATION CERTIFICATE FOR COMMERCIAL TRANG BASA FISH FARMING

Unit: Equivalent USD⁴: ……………………………………………………………….

Name of farm owner:...

Contact address:...

Phone number..., Fax..., Email (if any):...

Based on Circular No. .../2014/TT-BNNPTNT dated.../.../.... issued by the Minister of Agriculture and Rural Development guiding the implementation of Government Decree No. 36/2014/ND-CP on Trang Basa fish farming, processing, and exporting. Registration for commercial Trang Basa fish farming as follows:

I hereby solemnly declare and take responsibility for the information declared./.

Appendix 4

Model Certificate of Identification Code for Trang Basa Fish Farm
(Annexed to Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 issued by the Minister of Agriculture and Rural Development) 

… (Name of economic organization) requests to change the Certificate of Registration for Currency Exchange Agent with the following content:

Model Registration Certificate for Export Contract of Trang Basa Product
(Annexed to Circular No. 23/2014/TT-BNNPTNT dated July 29, 2014 issued by the Minister of Agriculture and Rural Development)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

REGISTRATION CERTIFICATE FOR EXPORT CONTRACT OF TRANG BASA PRODUCT

To: Vietnam Pangasius Association

I. Information about trader:................................................................................

1. Trader's name in foreign language - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:.............................................

2. Contact address:....... Phone number:....... Fax:....... Email:...

3. Name and address of Trang Basa processing facility:...

4. Identification code of Trang Basa processing facility:...

II. Export contract registration information

III. Accompanying documents include¹⁵:

I hereby take full legal responsibility for the contents declared above and the legality and accuracy of the accompanying documents.

Validity of export contract confirmation: 12 months from the date of signature confirmation

Record number¹⁶:…./20...