Circular No. 24/2011/TT-BNNPTNT amending, supplementing, and abolishing certain provisions on administrative procedures in the fisheries sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government.

CIRCULAR

Amending, supplementing, and abolishing certain provisions on administrative procedures in the fisheries sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government

________________________________

On the basis of Decree No. 01/2008/NĐ-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/NĐ-CP of the Government amending Article 3 of Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government;

On the basis of Resolution No. 57/NQ-CP dated December 15, 2010 of the Government on the Plan for Simplifying Administrative Procedures under the Management of the Ministry of Agriculture and Rural Development;

The Minister of Agriculture and Rural Development issues this Circular amending, supplementing, and abolishing certain provisions on administrative procedures in the fisheries sector pursuant to Resolution No. 57/NQ-CP dated December 15, 2010 of the Government as follows:

1. Clause 1 of Article 9 shall be amended as follows:

"1. For each consignment of imported or domestically consumed aquatic products listed in the Catalogue, the consignor must submit an application for quality inspection to the Inspection Authority.

2. The registration dossier for inspection includes:

a) Two copies of the Application for Quality Inspection of Aquatic Products (Form 03 TS/KHCN as prescribed in Appendix 3 of these Regulations);

b) Detailed list of the consignment;

c) Any specific requirements of the importing country as stated in Clause 2 of Article 3 of these Regulations.

3. The consignor must apply to the Inspection Authority for re-inspection of the consignment's quality in the following cases:

a) The Certificate of Quality has expired;

b) The consignment has been damaged;

c) The goods or packaging have changed from the previous inspection;

d) The consignment has been recycled, completed, or supplemented according to the requirements of the Inspection Authority. 4. Upon receipt of complete files, the Inspection Authority shall be responsible for reviewing, guiding the consignor to supplement missing parts, confirming the application for inspection, and immediately notifying the consignor of the time, place, and content of the inspection."

2. Abolish Article 10.

1. Point a, Clause 6, Article 7 shall be amended and supplemented as follows:

"Article 7. Procedure and process for inspection and certification

6. Within two working days from the end of the inspection process or upon receipt of the inspection authority's file, the certification authority shall review the inspection results:
a) If the inspection result meets the requirements of BMP level or GAqP level or CoC level, then issue a certificate for sustainable aquaculture facilities accordingly with the inspection results. The certificate is in accordance with Form 2 in Appendix 2; the certificate for sustainable aquaculture facilities is valid for two years."

2. Clause 3, Article 9 shall be amended and supplemented as follows:

"Article 9. Supervisory Inspection
3. Based on the results recorded in the Inspection Report, the certification authority decides whether to extend or not extend the certificate for sustainable aquaculture facilities issued in accordance with Article 7 of these Regulations. The extension of the certificate for sustainable aquaculture facilities is valid for two years."

3. Clause 1 and Clause 2 of Article 14 shall be amended and supplemented as follows:

"Article 14. Procedure and process for evaluation and designation of inspection and certification authorities
1. An application (one set) to be designated as an inspection or certification authority for sustainable aquaculture shall be submitted to the Fisheries General Department, Ministry of Agriculture and Rural Development. The application includes:
a) The Application for Designation as an Inspection or Certification Authority for Sustainable Aquaculture (Form at Appendix 4);
b) A detailed declaration of conditions as stipulated in Article 13 of these Regulations;
c) Other related documents (if any).
2. Within three working days from the date of receipt of the application, the Fisheries General Department shall review the application and guide the applicant in writing to supplement any missing information."

4. Change the name of the central-level agency implementing the procedure for issuing certificates for sustainable aquaculture facilities from the Quality Control Bureau for Forestry, Agriculture, and Fisheries to the Fisheries General Department as prescribed in Decision No. 56/2008/QĐ-BNN.

Supplement Article 3a as follows:

"Article 3a. Procedures and formalities for issuing certificates of facilities ensuring conditions for production and business of aquatic seed.

1. Objectives implementing the procedures

a) Facilities that have a need to apply for origin certificates (C/O) must implement the procedures for issuing certificates of facilities ensuring conditions for production and business of aquatic seed;

b) Facilities that do not have a need to apply for origin certificates (C/O) do not have to implement the procedures for issuing certificates of facilities ensuring conditions for production and business of aquatic seed.

2. Components and quantity of files:

a) Components

- Application form for inspection of production and business conditions (Annex No. 1 issued together with this Circular);

- Investment permit or business license (certified copy);

- Copies of relevant documents related to establishment of the facility (certificate of land use rights for the intended purpose or lease agreement, certified copy of permanent residence registration certificate, identity card);

- Certificate of compliance with aquatic animal health hygiene conditions.

b) Quantity: 01 set

3. Implementation Procedures

a) Organizations and individuals engaged in production and business of aquatic seed prepare complete files (as stipulated in Clause 2 of Article 3a of this Circular);

b) Organizations and individuals submit the files directly to the management agency or through postal service to the General Fisheries Department;

c) Within 03 (three) working days from the date of receipt of the files, the management agency receives the files and reviews, guiding organizations and individuals to supplement missing or incorrect contents;

d) Within 15 working days from the date of receiving complete and valid files, the management agency conducts an inspection of production and business conditions of the facility (Inspection file model according to Annex No. 2 issued together with this Circular). If the facility meets technical requirements, the management agency issues a certificate of compliance with conditions for production and business of aquatic seed (Annex No. 3 issued together with this Circular). In case of refusal, it must be notified in writing and the reasons stated;

đ) Organizations and individuals collect results at the Service Center for Receiving and Issuing Administrative Procedure Results at the General Fisheries Department. The civil servant collects the receipt of the file, issues the result (Decision and Certificate) and requires the person collecting to sign or the Secretary sends the result via postal service, with confirmation from the Post Office if requested by the organization or individual.

4. Validity period of the Certificate of Compliance with Conditions for Production and Business of Aquatic Seed.

The Certificate of Compliance with Conditions for Production and Business of Aquatic Seed is valid for a period of 02 years".

Article 5. Amend, supplement, and abolish some articles of the Regulation on Registration of Fishing Vessels and Crew Members of Fishing Vessels promulgated by Decision No. 10/2006/QĐ-BTS dated July 3, 2006.

1. Article 8 is amended as follows:

"Documents to be submitted, each one original:

a) Application for registration of fishing vessel (according to the model prescribed in Annex No. 4 issued together with this Circular);

b) Documents proving the origin of the vessel:

- For newly built vessels:

+ Certificate of completion issued by the shipbuilding or repair facility (original);

+ Approval document for new construction issued by the Provincial Fisheries Department or the Fisheries Resource Exploitation and Protection Department.

- For converted vessels:

+ Conversion and repair certificate (original);

+ Original registration certificate of the old vessel (original) accompanied by the original registration file of the vessel;

+ Approval document for new construction issued by the Provincial Fisheries Department or the Fisheries Resource Exploitation and Protection Department. - For vessels transferred ownership:

+ Ownership transfer documents according to current State regulations (original);

+ Original registration certificate of the old vessel (original) accompanied by the original registration file of the vessel (original).

- For vessels under bareboat charter or purchase charter:

+ Approval document for bareboat charter or purchase charter into Vietnam issued by the competent Vietnamese authority (original);

+ Bareboat charter or purchase charter contract into Vietnam (original);

+ Original temporary deregistration certificate of the vessel issued by the original registration authority and accompanied by a Vietnamese translation certified by the competent authority.

c) Receipt of stamp duty payment (for both engine and hull, original);

d) Photographs of the vessel measuring 9x12 inches (color photographs showing the entire vessel from both sides).

2. Supplementing Article 8a as follows:

"Article 8a. Registration of Fish Rafts
1. The Fisheries Conservation District Office of provinces and centrally administered cities is responsible for registering fish rafts within their jurisdiction.
2. The file (one set) to be submitted when registering fish rafts includes:
a) Application for registration of fish raft (according to the model prescribed in Annex No. 5 issued together with this Circular);
b) Legal documents issued by the competent authority regarding the right to use water surface or the right to lease water surface for placing fish rafts;
c) Diagram of the water area where the fish raft is placed (if available);
d) Commitment letter ensuring hygiene, food safety standards, and environmental protection conditions during fish farming activities using fish rafts.
3. Within 03 working days from the date of receiving complete files as prescribed, the fish raft registration agency shall issue the Fish Raft Registration Certificate (according to the model prescribed in Annex No. 6 issued together with this Circular). In case the registration conditions are not met or the registration file is incomplete, the fish raft registration agency must notify the organization or individual applying for registration of fish rafts within 02 days from the date of receiving the file".

3. Article 9 is amended as follows:

"Within 03 working days from the date of receiving complete files as prescribed, the fishing vessel registration agency shall be responsible for processing the registration, entering the fishing vessel registration book, and issuing the Fishing Vessel Registration Certificate. In case the registration conditions are not met or the registration file is not valid, the fishing vessel registration agency shall guide the vessel owner to supplement missing or incorrect contents within 02 working days from the date of receiving the file.

The General Fisheries Department is responsible for publicly announcing, publishing, updating, and establishing a mechanism for information exchange on the planning of the fisheries industry, particularly contents related to management and development guidance for new construction and conversion of fishing vessels so that individuals and organizations can know and comply with them".

4. Supplement Article 9a as follows:

"Article 9a. Reissue of Fishing Vessel Registration Certificate."
1. The certificate of fishing vessel registration shall be reissued in the following cases:
a) Lost, torn, or damaged;
b) Change of vessel name, call sign (if any), or technical specifications of the vessel.
2. The file (one set) submitted to the fishing vessel registration authority for reissuing the certificate of fishing vessel registration includes:
a) Application form for changing the vessel name or reissuing the certificate of fishing vessel registration (in accordance with the model prescribed in Appendix No. 7 issued together with this Circular);
b) Old certificate of fishing vessel registration (if torn, damaged, or changed the vessel name; original) or declaration of loss of the "certificate of fishing vessel registration".
3. The fishing vessel registration authority shall issue the certificate of fishing vessel registration to the vessel owner not later than three working days from the date of receipt of the complete file as prescribed.
4. In case individuals or organizations submit the file directly, the issuing authority must review and guide individuals or organizations to supplement missing or non-compliant contents immediately upon receipt of the file. In case individuals or organizations submit the file through postal service, the issuing authority must review and guide individuals or organizations to supplement missing or non-compliant contents within three working days from the date of receipt of the file.
5. The reissued certificate of fishing vessel registration must retain the previously assigned registration number and clearly indicate the issuance number.

5. Clause 2 of Article 10 shall be amended and supplemented as follows:

- National Assembly Office, Central Party Office and relevant Party Committees;
2. The file (one set) submitted when registering temporarily includes:
a) Application form for issuing the temporary certificate of fishing vessel registration (in accordance with the model prescribed in Appendix No. 8 issued together with this Circular);
b) Vessel construction contract or vessel ownership transfer contract. Within three working days from the date of receipt of the complete file as prescribed, the fishing vessel registration authority shall issue the temporary certificate of fishing vessel registration. In case the conditions for registration are not met or the registration file is incomplete according to the regulations, the fishing vessel registration authority must notify the organization or individual applying for fishing vessel registration within two working days from the date of receipt of the file.

6. Repeal Article 11

7. Clause 1 and Clause 2 of Article 15 shall be amended and supplemented as follows:

"1. The file for registering the crew list and issuing the Fishing Vessel Crew Register book (one set) includes:
a) Application form for registering the crew list of fishing vessels accompanied by the crew list of fishing vessels (in accordance with the model prescribed in Appendix No. 9 issued together with this Circular);
b) Professional qualification certificates corresponding to the positions on fishing vessels or identity cards (copies).
2. The fishing vessel registration authority shall issue the Fishing Vessel Crew Register book to the vessel owner within three working days from the date of receipt of the complete file as prescribed. In case the conditions for registration are not met or the registration file is incomplete according to the regulations, the fishing vessel registration authority must notify the vessel owner within two working days from the date of receipt of the file to supplement the file according to the regulations."

8. Repeal Article 16

9. Repeal Appendix 1c and Appendix 3a issued with Decision No. 10/2006/QĐ-BTS dated July 3, 2006, promulgating the Regulations on Fishing Vessel Registration and Fishing Vessel Crew Registration.

Article 6. Amend, supplement, and repeal some articles of the Fishing Vessel Inspection Regulations issued with Decision No. 96/2007/QĐ-BNN dated November 28, 2007

1. Clause 2 of Article 8 is amended and supplemented as follows:

"Article 8. Authority of the Central Fishing Vessel Inspection Agency
2. To carry out inspections on:
a) Fishing vessels of Vietnam operating outside the Vietnamese territorial waters;
b) Foreign fishing vessels imported into Vietnam (initial inspection);
c) Fisheries surveillance vessels;
d) Research, investigation, exploration, and resource survey vessels."

2. Supplement Clause 5 to Article 9 as follows:

"5. Fishing vessels of units under the Ministry of Agriculture and Rural Development and other ministries and agencies; people's armed forces economic units."

3. Repeal Article 14.

"Article 15. Contents of field trials of genetically modified organisms

"Article 15. Procedures for inspecting and issuing the Certificate of Technical Safety for Fishing Vessels
1. Organizations and individuals may submit the file in one of the following ways: submitting directly at the inspection agency; sending via fax or email, followed by submission of the original file; sending through postal service. The application form for issuing the Certificate of Technical Safety for Fishing Vessels (in accordance with the model prescribed in Appendix No. 10 issued together with this Circular).
2. Within two working days from the date of receipt of the complete file as prescribed, the inspection agency shall notify organizations and individuals of the official time for inspection, but not later than five working days from the date of receipt of the file.
3. The inspection agency shall issue the Certificate of Technical Safety for Fishing Vessels or notify in writing the reasons for not issuing the Certificate of Technical Safety for Fishing Vessels within three working days from the end of the inspection."

1. Point b Clause 1 Article 4 shall be amended and supplemented as follows:

"b) Within no more than five working days from the date of receiving complete and valid files, the Fisheries General Department shall examine the files, issue and transfer the relevant documents as prescribed in Clause 2, Article 7 of Decree No. 33/2010/NĐ-CP to the ship owner through the Fishery Resource Exploitation and Protection Sub-Department or the Fishery Resource Exploitation and Protection Department (depending on the management level) where the ship owner has registered, and notify the ship owner. If the relevant documents are not issued, the Fisheries General Department must provide a written response to the ship owner and clearly state the reasons."

2. Appendix I promulgated together with Circular No. 48/2010/TT-BNN shall be amended as follows:

"Abolish the confirmation requirement of the Fishery Resource Exploitation and Protection Sub-Department in the application form."

Add Article 5a. Procedures and formalities for applying for permission for training institutions, training centers, and issuing certificates for fishing vessels.
"1. A set of documents (one copy) submitted to the competent authority as stipulated in point a, Clause 2, Article 5 of Decision No. 77/2008/QĐ-BNN, including:
a) A proposal requesting permission from the organization or individual (following the model prescribed in Appendix 11 issued together with this Circular);
b) The training program of the organization.
2. Within two working days from the date of receiving the documents, the licensing authority must check and guide the institution to supplement missing or non-compliant contents.
3. Within five working days from the date of receiving all required documents, the licensing authority must inform the institution of the official time for conducting an on-site inspection. Within ten working days from the date the licensing authority notifies the inspection time, the licensing authority must conduct the on-site inspection.
4. Within three working days from the date of obtaining the results of the on-site inspection, the competent authority must issue a decision granting permission for the institution to train and issue certificates for fishing vessel captains and chief engineers.

Article 9. Amend and supplement some provisions of Circular No. 02/2006/TT-BTS dated March 20, 2006 of the Ministry of Fisheries guiding the implementation of Government Decree No. 59/2005/NĐ-CP dated May 4, 2005 on conditions for production and business in certain aquatic industries, which have been amended as follows:

Point b Clause 4 Section II shall be amended as follows:

" - Application file for changing or reissuing the Permit (one set) includes:

+ An application for changing or reissuing the permit (in case of loss of the Permit) according to the model prescribed in Appendix 10 of Circular No. 02/2006/TT-BTS, accompanied by the original Permit (except in cases of loss of the Permit);+ Certificate of registration of fishing vessels or Confirmation of registration of fishing vessels;+ Technical safety certificate of fishing vessels for cases of changing the Permit due to changes in fishing vessels requiring inspection."

+ Certificate of Fishing Vessel Registration or Confirmation of Fishing Vessel Registration;

+ Technical Safety Certificate of Fishing Vessel for cases where an application is made to change the permit due to a change in the fishing vessel subject to inspection.

Article 11. Implementation Provisions

1. This Circular takes effect 45 days from the date of issuance.

2. The Director of the General Fisheries Department, the Head of the Ministry's Office, the Director of the Legal Department, the Heads of units under the Ministry, and organizations and individuals related to this matter shall be responsible for implementing this Circular./.